3(g)
FOIAUnduly burdensome categorical request
Unduly burdensome categorical request (may be denied if it can't be narrowed and the burden outweighs the public interest)
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1 upheld (no violation found) · 1 rejected (violation found), out of 2 documents.
Not legal advice, and not a per-exemption ruling — this reflects each document's overall disposition. See the FAQ disclaimer.
How the Public Access Counselor has treated 3(g)
This exception covers categorical FOIA requests that would impose an undue burden on a public body. It may apply when responding would require extensive searching or review, and the request cannot be narrowed after an opportunity to do so and the burden outweighs the public interest in the records. It also addresses repeated requests from the same person for records previously provided or properly denied.
In these decisions, the PAC did not accept a burden claim where the body had not conducted a reasonable search for responsive communications, billing and expense records. A violation was found where records were withheld and claims of no responsive records were unsupported. By contrast, no violation was found where a road district denied a repeat request from one member of a coordinated group that shared requests and responses, treating the group as a single person.
At a glance: 2 documents from 2014(1 binding opinion, 1 determination letter). Most often cited alongside: 7 (General exemptions provision) (1); 7(1)(m) (Attorney/auditor communications and litigation-preparation materials) (1).
Recurring issues
- Whether a public body conducted a reasonable search before asserting that a request was unduly burdensome. (A village clerk's and trustee's event participation records)
- Whether a claim of having no responsive communications, billing, or expense records was supported. (A village clerk's and trustee's event participation records)
- Whether individuals who coordinate and share FOIA requests and responses qualify collectively as a single person. (Legal invoices and attorney summaries)
- Whether a repeat request for records already received or properly denied may be denied as unduly burdensome. (Legal invoices and attorney summaries)
Practical points
- A public body asserting that a request is unduly burdensome is expected to have conducted a reasonable search for responsive records.
- Individuals who coordinate and share FOIA requests and responses may be treated as a single person for evaluating a repeat request.
- A denial of a repeat request as unduly burdensome involves whether the same records were already received or were properly denied.
Summary drafted from the linked decisions and checked against them; read the decisions themselves before relying on it. Not legal advice.