For 60 years, the Freedom of Information Act (FOIA) has been the most powerful tool for the public to gain insight into government actions. FOIA administration has always been cumbersome for government agencies, but it is now entering a period of profound transformation, driven by technological change and greater public engagement.
The central question is whether agencies can modernize quickly enough to not only sustain current levels of responsiveness and backlog reduction mandates, but rise to meet the challenges of increased public awareness, new technologies and fewer resources.
Seven trends driving the next chapter of FOIA
FOIA has always evolved alongside technology. When email was first introduced across the federal government, it triggered an unprecedented volume of records responsive to FOIA requests. Now, as agencies migrate to cloud-based systems, digital collaboration platforms and generative AI tools, the effect is similar: More information is accessible than ever before, but that also means agencies must manage exponentially larger volumes of increasingly complex data.
Meanwhile, public awareness of FOIA has increased. Media outlets regularly publish investigative reporting citing FOIA disclosures, and both professional and citizen journalists understand how to use the law. This self-reinforcing cycle — visibility driving engagement, and engagement driving volume — sets the backdrop for the new era of FOIA.
Public confidence in federal agencies is already fragile, and slow FOIA responses risk eroding that trust even further. One Partnership for Public Service study found that only 33% of Americans trust that the government has their best interests in mind. To adapt successfully to the new paradigm and continue to serve the public, agencies should focus on the following challenges and strategies:
Trend #1: Staffing and organizational disruption are straining FOIA offices
The Department of Government Efficiency (DOGE) cuts have tightened resources across federal agencies, and FOIA offices that were already short-staffed are feeling the impact in backlogs, handoffs and response times. Yet FOIA demand has continued to increase. The Heritage Foundation alone filed more than 100,000 FOIA requests, adding pressure to already strained offices.
While Reuters reported in November 2025 that DOGE has been disbanded, the operational impact of its actions remains. Without structural improvements to workflows or technology, staff reductions coupled with rising request volumes lead to predictable consequences: overburdened employees, substantial backlogs and a deeply strained system.
Indeed, FOIA-related work does not disappear; instead, those requests are often shifted to other agencies and workers. For instance, general counsel is expected to absorb litigation costs, while program staff handling FOIA requests must divert more time from mission-critical work.
Trend #2: FOIA litigation is increasing, straining the judicial system
When agencies fail to issue timely determinations, litigation becomes far more likely. In the fiscal year 2024, over $54 million was spent on litigation-related activities.
The fundamentals of FOIA litigation have remained relatively consistent. Courts most often examine two questions: whether an agency’s search for records was adequate, and whether its application of exemptions was reasonable.
What has evolved, however, is the sophistication of requesters. Crowdsourced guidance, greater public awareness of FOIA processes and delays, and emerging AI tools help litigants craft targeted requests and more effectively and regularly challenge agency responses. These trends shift more disputes to the courts, placing additional strain on the judicial system, agency attorneys and overworked FOIA offices.
Trend #3: Heightened data security concerns persist
Any breach of FOIA data is a significant disruption to agency operations and a blow to public trust. To adequately protect themselves, agencies must prioritize end-to-end cybersecurity for FOIA processes, including secure end-to-end processing platforms and practices.
In fact, while cloud adoption increases, many FOIA programs rely on FedRAMP Moderate cloud-based software. These programs should reassess whether FedRAMP Moderate is sufficient or whether escalating to FedRAMP High is warranted to include additional rigor and controls to their cyber profiles.
Agencies also need to closely scrutinize their internal practices to ensure there are no gaps between tools and processors as sensitive documents move through the identification, collection, review and production pipeline.
Trend #4: AI-assisted request tools are helping citizens draft more targeted requests
AI-assisted tools, citizen-enabled platforms and widespread information sharing are making it easier for requesters to draft stronger requests — targeted, specific, and in language that the federal government understands.
Clearer requests reduce ambiguity and confusion for agency personnel, meaning less time spent clarifying scope or tracking down documents. However, the efficiency gains here may be limited because AI and automation let requesters generate hundreds, if not thousands, of requests, expanding participation and increasing overall volume from earnest and abusive requesters alike.
Trend #5: AI-assisted workflows are helping federal workers keep up
Technology has long supported the FOIA process. Machine learning, computer vision and optical character recognition (OCR) have boosted efficiency, helping agencies manage, analyze and redact large volumes of digital, visual and multimedia records.
More recently, comprehensive cloud-based systems can track incoming requests, manage processing time, deliver requested documentation and streamline reporting. Now, new innovations in generative and agentic AI will build on that foundation and add never-before-seen capabilities to collection and review processes, followed by automated tasking and processing. When integrated intentionally, these systems reduce manual burden and accelerate review cycles.
Trend #6: Integrated technology offering more structured workflows is enhancing stakeholder collaboration
FOIA requests generally require a vast amount of collaboration to effectively review and respond. A single request may require coordination among program offices, legal teams, IT staff and records custodians.
Legacy processes and workflows slow this collaboration, forcing team members to continue to rely on manual outreach to collect records and verify responses, even when software adoption is widespread.
Today, integrated technology platforms can streamline communication, document each step and create clean audit trails — especially helpful for requests that end up in litigation. Structured, defensible workflows support the personnel in charge and prepare agencies for future litigation.
Trend #7: Efforts to streamline technology procurement will continue
Recent mandates, such as the Federal Acquisition Regulation (FAR) simplification efforts and initiatives such as OneGov, are designed to reduce common barriers to adopting new technologies. The General Services Administration’s expanded role in centralized contracting may further improve visibility into the tools available across agencies.
Historically, the federal government has lagged behind the private sector in adopting new technologies. E-discovery software, for example, was widely used in private practice years before broader federal deployment. Streamlined procurement may create more opportunities to explore new technologies. However, agencies should still exercise caution with tools that could produce unreliable results and increase security vulnerabilities.
Remember that there is no substitute for experience and subject matter when it comes to government reliance on software for complex use cases. FOIA offices are likely to find that while new tools may seem to fit the bill in terms of specific capabilities, tying them together into a cohesive, defensible program will still take time and effort.
The future of FOIA transparency
Amid rising demand, shrinking workforce, evolving litigation and escalating security risks, agencies responding to FOIA requests are under undeniable pressure. At the same time, new technologies and AI offer meaningful opportunities to strengthen the FOIA process — for both government leaders and the public.
To prepare for the next chapter, government technology leaders must identify solutions that can adapt to rapid changes in the FOIA landscape and are supported by sustained investment in technologies and capabilities that address today’s most pressing challenges.
Agencies should prioritize structured experimentation, including laboratories, sandboxes and collaboration with internal security teams. Engaging thoughtfully with technology partners, legal and IT stakeholders — and continually strengthening those internal relationships — will help chart a sustainable roadmap and maintain public trust.
Benjamin Tingo is chief legal officer at Casepoint.
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