Illinois Foia Laws.

What is FOIA?

The Illinois Freedom of Information Act (5 ILCS 140) is a regional directive that bestows upon the populace the right to acquire governmental papers and archives. The foundational theory beneath FOIA is that the community holds the entitlement to grasp the activities of the government. This legislation secures visibility and accountability within governmental dealings by permitting individuals to petition and retrieve insights regarding the administration’s ventures and the formal actions and decrees of public dignitaries and employees.

FOIA underwent fortification in 2009 through collaborative dialogues between the Attorney General’s Office, lawmakers, and diverse contributors. Notable revisions came into force on January 1, 2010, encompassing the formal acknowledgment of the Public Access Counselor (PAC) position inside the Illinois Attorney General’s Office. The PAC bears a pivotal responsibility in analyzing occurrences where public entities refuse FOIA petitions and offering counsel on the validity of such rejections.

Key Principles of Illinois FOIA

The Illinois FOIA is founded on several core axioms that advocate transparent governance:

1. Assumption of openness: All documents held by public bodies are assumed to be accessible for examination or reproduction unless a distinct exception applies.

2. Privilege of public inquiry: Any individual has the right to petition for public documents, irrespective of their residential status or the objective behind the solicitation.

3. Prompt response: Public bodies are obligated to reply to FOIA submissions within 5 workdays, with the option of a 5-day extension under specific situations.

4. Limited exceptions: While certain records might be shielded from disclosure, these exceptions are narrowly interpreted to foster maximum exposure.

Who Can Make a FOIA Request?

Under Illinois FOIA, any individual, coalition, association, corporation, firm, partnership, or establishment holds the privilege to file a FOIA submission to any state or local public entity. This broad permissibility ensures that the ability to acquire public data is not limited based on nationality, residence, or other considerations. The Illinois Attorney General’s Office offers direction on FOIA entitlements and methods for both applicants and public entities.

Applicants are not required to justify their request or explain the purpose of the information sought. However, if the inquiry is for commercial interests, the public entity may necessitate the applicant to disclose this, as alternative regulations and timelines may pertain to commercial inquiries.

What Records are Covered Under FOIA?

The Illinois FOIA defines public archives expansively to incorporate a vast array of materials:

• All documents, reports, forms, writings, letters, memoranda, books, papers, maps, photographs, microfilms, cards, tapes, recordings, electronic data management records, electronic communications, captured information, and any other documentary items
• Items crafted by or for, or having been or being utilized by, received by, in the hands of, or under the command of any public entity
• Data relating to the conduct of public matters, regardless of form or features

Illustrations of public documents available under FOIA include:

• Orders and statutes
• Reviews and assessments
• Agreements
• Names, positions, and earnings of public workers
• Voting records of public bodies

It is crucial to recognize that information may be accessible in both digital and paper forms. The Illinois State Records Act (5 ILCS 160) and the Local Records Act (50 ILCS 205) also regulate the administration and preservation of public documents.

How to Submit a FOIA Request

To submit a FOIA request in Illinois, adhere to these steps:

1. Identify the suitable public entity: Determine which governmental agency or body is expected to hold the documents you are pursuing.

2. Locate the FOIA officer: Every public body is mandated to appoint one or more FOIA officers. This information is generally accessible on the entity’s website or by reaching out to their office.

3. Submit a written appeal: While verbal solicitations are not acknowledged under FOIA, written appeals can be submitted via email, mail, or in person. The Illinois Attorney General’s Office offers sample request letters and templates.

4. Provide specific description: Explicitly describe the documents you are seeking. Be as precise as possible to aid the agency in locating the material efficiently.

5. Include contact details: Supply your name, address, and preferred mode of communication for receiving the response.

Ensure that copies of all communications are retained and maintain a record of key dates and exchanges related to your request.

FOIA Request Process

After a FOIA request is filed, the public entity must respond within 5 workdays. The reply may:

• Provide the requested documents
• Refuse the request (with an elaborate explanation for the refusal and details on how to challenge it)
• Seek an extension of up to 5 additional workdays
• Inform the requester that the material is accessible online (if applicable)

Should the public body fail to respond within the stipulated timeframe, it is regarded as a refusal of the petition. The Public Access Counselor can offer assistance in reviewing refusals and advising on the FOIA process.

Public entities may charge reasonable fees for copying and certifying documents. Nevertheless, the first 50 pages of black and white, letter or legal-sized copies must be supplied free of charge. For digital records, the public body may only bill the actual cost of the recording medium.

Exemptions and Denied Requests

While the Illinois FOIA advocates transparency, certain documents might be shielded from disclosure. Common exceptions encompass:

• Personal details (e.g., Social Security numbers, driver’s license numbers)
• Law enforcement archives that could disrupt ongoing cases
• Early drafts and notes
• Proprietary and commercial or financial data
• Select academic records

If a submission is denied, the public entity must provide a detailed written justification citing the exact exception(s) applied. Applicants have the privilege to contest refusals via the Public Access Counselor or by initiating a lawsuit in circuit court.

For a complete enumeration of exceptions, consult Section 7 of the Illinois FOIA.