FOIA Law &
The Illinois Freedom of Information Act

Welcome to the G. Dowd Law FOIA portal, dedicated to serving the unique needs of FOIA requestors. This platform is meticulously designed to offer accessible, reliable, and up-to-date legal information, focusing on the latest issues and developments related to FOIA.

We focus on insightful articles, guideline documents, and detailed information covering a wide range of topics. These include filing FOIA requests, timeline, enforcement, and other relevant subjects in the FOIA sphere.

Founding attorney, George Dowd, brings a wealth of experience to the table, ensuring that every case is approached with a profound understanding of FOIA issues and a robust strategy.

At G. Dowd Law, we take pride in delivering not just results, but also in creating a transparent and supportive environment for our clients. We are dedicated to guiding you through the complexities of FOIA law with clarity and confidence.

Recent FOIA News

Unlocking Transparency in Public Access Opinion 25-001

February 11, 2025

Chicago Community Commission for Public Safety and Accountability Violated FOIA

December 27, 2024

Elk Grove Village Police Directed To Provide Records

September 20, 2024

Village of Lyons Faulted for FOIA Request Mishandling

June 28, 2024

Chicago Housing Authority Improperly Redacts FOIA Request Details

June 21, 2024

Harsy v Perry County Sheriff: FOIA Complaint Dismissal Upheld

June 3, 2024

Gakuba v Winnebago County: Understanding the FOIA Judicial Exclusion

May 20, 2024

Illinois Court Affirms Dismissal of FOIA Complaint in Hickman v Mann

May 7, 2024

Peoria County Sherriff Ordered to Comply with FOIA

April 1, 2024

Providing Public Access to Government Records, and Promoting Transparency and Accountability.

Background: The Illinois Freedom of Information Act (FOIA)

The Illinois Freedom of Information Act (FOIA) was enacted to provide public access to government records, promoting transparency and accountability. Its history dates back to 1984, evolving over time through amendments to improve public access and streamline processes. Illinois was the last of the 50 states to enact a Freedom of Information Act.

The intent of FOIA is to empower citizens by disclosing governmental actions, fostering engagement and oversight. Requirements include responding to a public record requests within 5 business days, with a possibility of a 5-day extension under certain circumstances. Public bodies must maintain a list of documents and designate FOIA officers to handle requests.

Remedies for non-compliance include judicial review, where a court can mandate disclosure, and potential penalties for willful violations. Reasonable FOIA attorneys’ fees can be recovered under the Freedom of Information Act if the requester “prevails.” The Attorney General’s Public Access Counselor can also review denials, offering a recourse for requestors.

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The FOIA Enforcement Process

What if a “public body” fails to comply with the requirements of the Illinois Freedom of Information Act?

1. The Right to File Suit

Under the Illinois Freedom of Information Act (FOIA), if a public body denies a records request, the requester can file a lawsuit for injunctive or declaratory relief.

Denial can occur in various ways: outright denial due to exemptions or claiming the entity isn’t a “public body” under FOIA, failure to respond timely, claiming the request is overly burdensome without a manageable narrowing, or requiring an excessive fee for record production.

A public body can’t deny a request claiming the redacted records are useless. This provision empowers individuals to challenge public bodies’ decisions in court, thereby promoting transparency and accountability.

2. The Public Access Counselor (PAC)

The Public Access Counselor (PAC) in Illinois can review and issue binding opinions on most denials of Freedom of Information Act requests by public bodies, including determinations of a request being voluminous, except for commercial requests.

Individuals can file a review request with the PAC within 60 days of denial, providing all relevant documents. If a review is warranted, the PAC informs the public body, which must then cooperate fully, providing requested records within seven business days.

The Attorney General’s Office can subpoena records if a public body fails to provide them, ensuring compliance and facilitating transparency in public body operations.

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FOIA Frequently Asked Questions

Who is a Public Body?

The Illinois Freedom of Information Act (FOIA), 5 ILCS 140/1, et seq., defines a “public body” as:

(a) “Public body” means all legislative, executive, administrative, or advisory bodies of the State, state universities and colleges, counties, townships, cities, villages, incorporated towns, school districts and all other municipal corporations, boards, bureaus, committees, or commissions of this State, any subsidiary bodies of any of the foregoing including but not limited to committees and subcommittees thereof, and a School Finance Authority created under Article 1E of the School Code.

“Public body” does not include a child death review team or the Illinois Child Death Review Teams Executive Council established under the Child Death Review Team Act, or a regional youth advisory board or the Statewide Youth Advisory Board established under the Department of Children and Family Services Statewide Youth Advisory Board Act.

What is a Public Record?

The Illinois Freedom of Information Act (FOIA), 5 ILCS 140/1, et seq., defines a “public record” as:

(c) “Public records” means all records, reports, forms, writings, letters, memoranda, books, papers, maps, photographs, microfilms, cards, tapes, recordings, electronic data processing records, electronic communications, recorded information and all other documentary materials pertaining to the transaction of public business, regardless of physical form or characteristics, having been prepared by or for, or having been or being used by, received by, in the possession of, or under the control of any public body.

When Will I Received the Requested Documents?

Public bodies in Illinois must respond to non-commercial, non-recurrent FOIA requests within five business days, excluding the receipt day, weekends, and legal holidays. The response time starts the following business day post-receipt.

Illinois’ Freedom of Information Act allows public bodies to extend the initial five-day response period by an additional five days under certain circumstances, like if the information is stored elsewhere, requires collecting numerous records, or needs evaluation for exemption.

If an extension is needed, the public body must notify the requester within the initial five-day period, stating the reason and when the information will be provided.

The Act also permits mutually agreed extensions between public bodies and requesters. Despite no legislative alterations during COVID-19, guidance was issued on utilizing existing tools to manage response times amidst the pandemic’s operational challenges.

What If The Documents Are Not Produced?

Under the Illinois Freedom of Information Act (FOIA), if a public body denies a records request, the requester can file a lawsuit for injunctive or declaratory relief.

Denial can occur in various ways: outright denial due to exemptions or claiming the entity isn’t a “public body” under FOIA, failure to respond timely, claiming the request is overly burdensome without a manageable narrowing, or requiring an excessive fee for record production.

A public body can’t deny a request claiming the redacted records are useless. This provision empowers individuals, often with a FOIA lawyer, to challenge public bodies’ decisions in court, thereby promoting transparency and accountability.

What Is The Public Access Counselor (PAC)?

The Public Access Counselor (PAC) in Illinois can review and issue binding opinions on most denials of Freedom of Information Act requests by public bodies, including determinations of a request being voluminous, except for commercial requests.

Individuals can file a review request with the PAC within 60 days of denial, providing all relevant documents. If a review is warranted, the PAC informs the public body, which must then cooperate fully, providing requested records within seven business days. The Attorney General’s Office can subpoena records if a public body fails to provide them, ensuring compliance and facilitating transparency in public body operations.

Can I Be Reimbursed For My FOIA Attorneys Fees?

In Illinois, a litigant can be reimbursed for attorney’s fees in a FOIA suit if they prevail. The Illinois Freedom of Information Act stipulates that if a person seeking records under FOIA successfully sues a public body for non-compliance, the court may order the public body to pay the plaintiff’s reasonable attorney’s fees and costs.

To be eligible for reimbursement, the plaintiff must have filed a FOIA request which was improperly denied by a public body, leading to the lawsuit.

What public documents are available for inspection?

All records in the custody or possession of a public body are presumed to be open to inspection or copying. Any public body that asserts that a record is exempt from disclosure has the burden of proving by clear and convincing evidence that it is exempt. 5 ILCS 140/1.2

What if only some of the information in a document is exempt?

When a request is made to inspect or copy a public record that contains information that is exempt from disclosure under this Section, but also contains information that is not exempt from disclosure, the public body may elect to redact the information that is exempt. The public body shall make the remaining information available for inspection and copying. 5 ILCS 140/7(1).

FOIA Law & The Illinois Freedom of Information Act

Recent FOIA News

Background: The Illinois Freedom of Information Act (FOIA)

The FOIA Enforcement Process

What if a “public body” fails to comply with the requirements of the Illinois Freedom of Information Act?

1. The Right to File Suit

2. The Public Access Counselor (PAC)

FOIA Frequently Asked Questions

Who is a Public Body?

What is a Public Record?

When Will I Received the Requested Documents?

What If The Documents Are Not Produced?

What Is The Public Access Counselor (PAC)?

Can I Be Reimbursed For My FOIA Attorneys Fees?

More Frequently Asked Questions

What public documents are available for inspection?

What if only some of the information in a document is exempt?

FOIA Law &
The Illinois Freedom of Information Act