FOIA vs Open Records vs Open Meetings: The Difference

The short answer: three terms, two kinds of law

People use "FOIA," "open records," and "open meetings" as if they mean one thing. They do not.

FOIA is the federal Freedom of Information Act. It gives the public the right to request records from any federal agency ^[1].

FOIA does not apply to state and local governments ^[1]. In the three states this guide looks at, other laws cover records. Texas calls its version the Public Information Act ^[2]. California has the California Public Records Act ^[3]. New York has the Freedom of Information Law ^[4].

Open meetings laws cover something else: attending the meetings where officials do business. The federal version is the Government in the Sunshine Act, and it is separate from FOIA. ^[5]

What is FOIA, and what does it cover?

FOIA has existed since 1967. It gives the public the right to request records from any federal agency ^[1]. The statute says agencies shall make records promptly available to "any person" whose request reasonably describes the records and follows the agency's published rules ^[6].

FOIA covers federal agencies only. It does not apply to the federal courts, to Congress, or to state and local governments ^[1]. A request to your city or county is outside FOIA. ^[1]

Federal agencies must disclose requested information unless it falls under one of nine exemptions. Those exemptions protect interests such as personal privacy, national security, and law enforcement ^[1].

FOIA also requires agencies to post certain categories of information online, including frequently requested records ^[1]. Check the agency's website before you file.

FOIA.gov describes the system as decentralized. Each of over 100 agencies receives, processes, and responds to its own requests ^[1]. You send your request to the agency that holds the records you want ^[1].

What are the FOIA deadlines and fees?

An agency must determine within 20 days whether to comply with your request. Saturdays, Sundays, and legal public holidays do not count ^[6]. That is a deadline for a decision, not a promise that you will get the records ^[6].

The agency can extend the 20 working-day period when a request presents "unusual circumstances" as the FOIA defines them ^[1].

FOIA.gov's glossary says representatives of the news media are not charged search fees ^[1]. Read the glossary definition before you assume it covers your work ^[1].

What are state open records laws?

FOIA does not apply to state and local governments ^[1]. Texas, California, and New York each have their own records law, with different names and rules. ^[2][3][4] Three examples show the range.

Texas is one example. The Reporters Committee for Freedom of the Press (RCFP) says the Texas Open Records Act was changed in 1995 to the Public Information Act ^[2]. The RCFP also says anyone, citizens and non-citizens alike, can request Texas public information for any reason or use ^[2].

California is another. The RCFP says the California Public Records Act was modeled after the federal FOIA, so courts may look to FOIA case law ^[3]. It also says exemptions must be narrowly construed and the agency bears the burden of proving that an exemption applies ^[3].

New York calls its law the Freedom of Information Law, or FOIL. The RCFP says it makes all records available to the public unless they fall within one of its exemptions ^[4]. FOIL defines "agency" to exclude the judiciary and the state legislature ^[4].

These three states share a pattern, but they do not match on every point. Read the statute for your own state.

What do open meetings laws do?

Open meetings laws deal with attending government meetings. They sit apart from records laws. New York shows the split clearly: it enacted an Open Meetings Law in 1976, so records access and meeting access fall under two different statutes ^[4].

The federal Sunshine Act

The Sunshine Act says every portion of every meeting of an agency shall be open to public observation ^[5]. It applies to agencies headed by a collegial body of two or more members, a majority of whom the President appoints with Senate advice and consent ^[5].

A "meeting" under the Act means deliberations by at least the number of agency members needed to take action for the agency. Those deliberations must determine or result in the joint conduct or disposition of official agency business ^[5].

The agency must announce the time, place, and subject matter at least one week before the meeting, unless the statute's early-call exception applies ^[5].

Texas and California

The Texas Open Meetings Act says every regular, special, or called meeting of a governmental body shall be open to the public, except as the chapter provides ^[7]. The body must give written notice of the date, hour, place, and subject of each meeting ^[7].

That notice generally must be posted in a place readily accessible to the public for at least three business days before the meeting, subject to listed exceptions ^[7].

Document · Office of the Attorney General of Texas

Open Meetings Act Handbook 2026

Open at texasattorneygeneral.gov

Document from Office of the Attorney General of Texas. Open at texasattorneygeneral.gov. Content from texasattorneygeneral.gov loads only if you click.

The RCFP says the Texas Open Meetings Act does not provide the public a right to participate or comment ^[2]. In its words, a meeting open to the public is one the public is entitled to attend, not one in which they are entitled to participate ^[2].

California's Brown Act provides that all persons shall be permitted to attend meetings of the legislative body of a local agency, except as the chapter otherwise provides ^[3].

FOIA vs open records vs open meetings: side by side

Use this list as a quick map.

• FOIA: a federal records law. It covers federal agencies only ^[1].
• State records laws: FOIA does not apply to state and local governments, so laws such as Texas's, California's, and New York's govern those requests ^[1].
• Open meetings laws: they cover attending meetings. The Sunshine Act is separate from FOIA. ^[5]
• In Texas, the Open Meetings Act is a separate law from the open records law ^[2].
• In New York, FOIL and the Open Meetings Law are two statutes ^[4].

Who can use each law, and which bodies are covered?

For federal records, the statute speaks of "any person." ^[6] The RCFP says anyone can request Texas public information, for any reason or use ^[2]. Check your own state's rules on who may file.

If you want a way to document your work as an independent reporter, see how a press credential can document your work. An NPA credential is not government-issued, and it does not change what any of these laws give you.

Coverage depends on the law. FOIA does not apply to the federal courts or Congress ^[1]. New York's FOIL excludes the judiciary and the state legislature from its definition of "agency." ^[4]

The Sunshine Act reaches only the agencies it describes ^[5]. In its Texas guide, the RCFP says virtually all local and state government bodies and many quasi-governmental bodies are subject to the Act ^[2].

What stays closed: exemptions and closed sessions

Both kinds of law have limits. FOIA allows agencies to withhold information that falls under one of nine exemptions ^[1].

Federal open-meetings law has exemptions that can allow a closed session. One covers matters that involve accusing any person of a crime or formally censuring any person ^[5].

Texas and California both open meetings "except as" their statutes provide ^[7]. ^[3] In California, the agency must prove that a records exemption applies ^[3].

When an agency says a record is exempt, ask which exemption it relies on ^[1]. If a body goes into closed session, ask what provision allows it ^[5].

For disputes, read your state's guide. The RCFP publishes open government guides, including ones for Texas, California, and New York ^[2]. If a denial or closed meeting blocks a story you depend on, check your state's law.

How do you know which law to use? A step-by-step

1. Decide what you need. A document points to a records law. A meeting you want to watch points to a meetings law ^[4].
2. Name the level of government. A federal agency falls under FOIA. ^[1] FOIA does not apply to state or local bodies, so check your state's law ^[1].
3. Find the right office. Each federal agency handles its own FOIA requests ^[1].
4. Write a short request. Describe the records and follow the agency's published rules ^[6].
5. For meetings, find the notice. Agencies covered by the federal Sunshine Act must announce meetings at least one week ahead, unless the early-call exception applies ^[5]. In Texas, written notice generally must be posted at least three business days ahead ^[7].
6. Mark the deadline. A federal agency has 20 days, not counting weekends and legal holidays, to decide whether to comply ^[6]. The agency can extend that period in unusual circumstances ^[1].
7. If you are refused, read the exemption. Federal agencies must disclose unless an exemption applies ^[1].

Check your own state's statute

The names change from state to state. Texas has the Public Information Act and the Open Meetings Act ^[2]. California has the Public Records Act and the Brown Act ^[3]. New York has FOIL and the Open Meetings Law ^[4].

The rules change too. California puts the burden on the agency to prove an exemption ^[3]. The RCFP says the Texas Open Meetings Act does not provide the public a right to participate or comment at meetings ^[2].

If you report on your own, you can join the National Press Association as an independent journalist. Then read your state's statute before you file or show up.