Still, many requesters say they continue to face delays and costly processing fees. Although government data show that agency FOIA backlogs are significantly lower than in 2008, the figures for 2011 show an increase from the two prior years. An analysis by Bloomberg News last fall found that 19 out of 20 cabinet-level agencies failed to properly fulfill FOIA requests.
“Other areas are like duck feet paddling beneath the surface,” McDermott said. “You may not see them, but they are moving.”