Illinois Freedom of Information Act
Frequently Asked Questions
By Public Bodies
The Illinois Freedom of Information Act (FOIA) is designed to ensure that the public has
access to information about their government and its decision-making process. As a
public servant, you have a duty to ensure that Illinois residents can obtain information
about their government.
In 2009, Attorney General Lisa Madigan worked with legislators and a diverse group of
individuals and organizations to strengthen FOIA and hold government more
accountable. Beginning on January 1, 2010, key changes to the Freedom of Information
Act and the Open Meetings Act will take effect and in turn will provide Illinois residents
with a more open and accountable government. These Frequently Asked Questions
describe the FOIA provisions that will take effect on January 1, 2010.
WHO’S WHO UNDER FOIA
Public Access Counselor (PAC) – is an attorney in the Attorney General’s office whose
responsibility is to ensure compliance with FOIA. The Public Access Counselor is part
of the Public Access Bureau in the Attorney General’s office, which includes several
Assistant Attorneys General and professional support staff members working to respond
to FOIA and Open Meetings Act issues raised by the public and government officials.
Working under the direction and supervision of the Attorney General, the PAC has the
authority to review requests for documents under FOIA and determine whether those
documents should have been produced under FOIA. The PAC also has the authority to
determine whether a public body has violated the Open Meetings Act. As part of this
Public Access work, the Attorney General, through the PAC, has subpoena power, may
issue advisory opinions to guide public bodies, may issue binding opinions in FOIA
disputes and may sue to enforce binding opinions.
Public Body – is defined in FOIA as “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.” FOIA provides
that “‘[p]ublic 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.”
FOIA Officer – is a person appointed by the “public body.” The FOIA officer’s
responsibility is to receive FOIA requests from the public and to send responses in
compliance with FOIA. FOIA requires that each public body appoint one or more FOIA
officers who must complete an electronic training developed by the Attorney General’s
PAC. The initial training must be completed by July 1, 2010; trainings must be completed
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annually after that date. The Attorney General’s office will make the electronic training
available to all FOIA officers.
Public Records – are defined in FOIA as “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.” A few examples of public records available under FOIA are: orders;
rules; reports or studies; contracts; names, titles and salaries of public employees; and the
voting records of public bodies. Information can be available in electronic as well as
paper format.
GENERAL INFORMATION
What is FOIA?
The Freedom of Information Act (FOIA) is a state statute that provides the public the
right to access government documents and records. The premise behind FOIA is that the
public has a right to know what the government is doing. The law provides that a person
can ask a public body for a copy of its records on a specific subject and the public body
must provide those records, unless there is an exemption in the statute that protects those
records from disclosure (for example: records containing information concerning trade
secrets or personal privacy).
Who is subject to FOIA?
Public bodies are subject to FOIA. The judiciary is not subject to FOIA, but court
records and proceedings generally are open to the public.
Who can file a FOIA request?
Anyone. Any person, group, association, corporation, firm, partnership or organization
has the right to file a FOIA request to any state or local public body, including any city,
township or county office.
Is every public body required to have a designated FOIA officer?
Yes. Every public body must designate at least one person to act as the FOIA officer.
Public bodies may have more than one FOIA officer. In addition, every public body must
prominently display at its office and make available certain information, including the
name(s) of its FOIA officer(s). The office also must display and make available:
Information on how to submit a FOIA; and
A brief description of the office, including its purpose, budget and number of
employees.
Any public body that has a website must also post this information on its website.
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What are the consequences if a public body fails to designate a FOIA officer?
FOIA requires that every public body designate a FOIA officer. Failure to do so is a
violation of the Act and will be considered by the PAC, as well as courts, when a request
for review or litigation is filed.
RESPONDING TO FOIA REQUESTS
How many days does the public body have to respond to a FOIA request?
5 business days from the day after the public body receives the request. However, that
time period may be extended for an additional 5 business days from the date of the
original due date if:
The requested information is stored at a different location;
The request requires the collection of a substantial number of documents;
The request requires an extensive search;
The requested records have not been located and require additional effort to find;
The requested records need to be reviewed by staff who can determine whether
they are exempt from FOIA;
The requested records cannot be produced without unduly burdening the public
body or interfering with its operations; or
The request requires the public body to consult with another public body that has
substantial interest in the subject matter of the request.
If additional time is needed, the public body must notify the requestor in writing within 5
business days after the receipt of the request of the statutory reasons for the extension and
when the requested information will be produced.
What is a “business day” or “working day”?
A “business day” or “working day” is a regular day of the week (Monday through Friday)
when public offices and most businesses are open. Saturdays, Sundays and legal
holidays are not business days and cannot be counted in the 5 business day time period.
Is there any way for a public body to toll the 5-day response period?
No. There are only two situations in which the time period is tolled (stopped) for the
public body to respond to a FOIA request. The time period is tolled if the public body
intends to withhold information from disclosure because either the disclosure would
result in an unwarranted invasion of personal privacy or the information falls into the
exemption for preliminary policy drafts. In these two situations, the public body must
provide written notice to the PAC before asserting either exemption. Once the PAC
receives the written notice, the PAC has 5 working days to determine if further inquiry is
necessary. If the PAC decides that further inquiry is necessary to determine if either
exemption may be used, the timeline for a Request for Review begins, and the public
body must provide any information requested by the PAC within 7 working days after
receiving the PAC’s request. During the time period that the PAC is reviewing whether a
public body can assert either exemption, the clock stops running for the public body to
respond to the FOIA request.
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When does the 5 business day time period start?
On the first business day after the public body receives the request. Day 1 of the 5-day
timeline is the first business day after the request is received by the public body. The
date that the request was received by the public body does not count as “Day 1.”
Does the 5 business day response period begin the day after the FOIA officer’s
receipt of the request, or the day after receipt of the request by any of the public
body’s employees or officials?
The 5 working day response timeline begins the day after any employee or official of the
public body receives the request for information. Employees and officials of a public
body must immediately forward all requests for information to the FOIA officer(s) to
maximize the response time.
When is a FOIA request sent by e-mail “received”? When it appears in the
electronic mailbox or when it is opened by the recipient?
If a FOIA request sent by e-mail appears in the recipient’s mailbox during normal
working hours, it is received on that day. If it is e-mailed after business hours, including
on a weekend or legal holiday, it is “received” on the following business day.
If a public body’s office is closed for vacation (for instance, a public school is closed
for winter break), are FOIAs submitted during that time considered received?
Yes. FOIA does not have any exceptions for vacations or winter breaks, other than for
Saturdays, Sundays and legal holidays.
What are the consequences if the public body does not respond to the FOIA request
within 5 business days (or 10 business days if extended)?
Aside from the potential that a court ultimately could impose a civil penalty of between
$2,500 and $5,000 per FOIA violation, public bodies have an additional incentive to
respond within the time limits set forth. In the event a public body fails to respond within
5 business days (or 10 days if the extension was properly requested), it cannot charge for
reproduction costs at a later time, or treat the request as unduly burdensome.
Can a requestor and a public body agree to extend the deadline to respond beyond
10 days?
Yes, but the agreement must be in writing. The agreement will also relieve the public
body of having to comply with other legal deadlines in FOIA.
Can a public body require that a FOIA request be submitted on a certain form or in
a certain format?
No. Public bodies can require that FOIA requests be submitted in writing, but public
bodies must accept requests by mail, personal delivery, fax, e-mail, or other means
available. Public bodies may create a FOIA form that requestors may use for
convenience, but public bodies cannot require that requestors use a specific form for the
request. Public bodies may choose to accept oral FOIA requests but are not required to
do so by the law.
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To whom should the requestor submit a FOIA request?
To a designated FOIA officer. Every public body must designate at least one FOIA
officer and prominently display at its office certain information, including the name(s) of
its FOIA officer(s).
Does the public body have to identify the FOIA officer?
Yes. Each public body must prominently display and make available upon request a
directory designating the FOIA officer(s) for that body and the address where record
requests should be sent. If the public body has a website, this information must also be
posted on it.
Does a public body still have the option of treating a request as “unduly
burdensome” under the new FOIA?
Yes. However, this treatment only applies in limited situations: (1) the request must be
categorical in nature and incapable of being narrowed or reduced; and (2) the burden on
the public body to produce the information must outweigh the public interest in the
information. Before denying a request as unduly burdensome, the public body must give
the requester an opportunity to reduce the request to manageable proportions.
I have received a request that does not fit the “unduly burdensome” standard, yet
cannot reasonably be completed within the maximum 10 working days’ response
period. Does FOIA offer any options?
Yes. The Act allows the public body and the requestor to reach a written agreement to
extend the time in which to respond to a request.
I work for a public body that is being harassed by repeated FOIA requests from the
same individual or entity. Does FOIA make any provisions for this?
FOIA provides that repeated requests from the same person for the same records that are
unchanged or identical to records previously provided or properly denied shall be deemed
unduly burdensome and may be denied on that basis.
How many times can a requestor ask for the same information?
Section 3(g) of FOIA provides that repeated requests from the same person for the same
records that are unchanged or identical to records previously provided or properly denied
shall be deemed unduly burdensome under FOIA. More than two requests would be
deemed “repeated” for purposes of Section 3(g). However, to invoke this exemption, the
public body must have fully responded to the previous requests either by properly
denying the request or providing the requested documents in full compliance with FOIA.
What information must a public body withhold or redact under the Freedom of
Information Act?
Although there may be legitimate reasons to redact or withhold certain types of
information, the only information that the Freedom of Information Act requires a public
body to redact are the home addresses, home/private telephone numbers and social
security numbers of employees noted on certified payroll records that are required to be
submitted to a public body under the Prevailing Wage Act.
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I am the designated FOIA officer for a public body. Will I be held personally liable
for any civil penalties that a court may impose in a FOIA lawsuit?
No. Only the public body may be liable for civil penalties under FOIA. If a court finds
that a public body willfully and intentionally failed to comply with the Act or otherwise
acted in bad faith, the court shall impose a civil penalty upon the public body.
Does a requestor need to specifically and accurately describe the document he or she
is looking for?
No. The requestor does not need to describe the document specifically and accurately by
the same name the public body uses. As long as the public body understands what is
being requested, it must release that information, even if the requested information is not
called by the same name the public body uses.
What information is a public body required to make available?
Each FOIA officer for a public body must develop and make available upon request a list
of documents that the public body will immediately provide to a requestor. In addition,
each public body must maintain a reasonably current list of all types or categories of
records under its control and this list should be reasonably detailed so that it aids people
in obtaining access to public records. The public body must make this list available for
inspection and copying.
Can the public body ask why the requestor wants the information?
No, except to determine if the request is for commercial reasons or to determine if a fee
waiver applies. See below for more details on commercial requests.
Even though we cannot ask about the purpose of a request, can we assist the
requestor in narrowing their request so that they can get the information they are
seeking?
Yes. Public bodies are encouraged to work with a requestor to clarify or narrow the
scope of a request. A public body can ask “what” the requestor is looking for in an
attempt to ensure that responsive documents are produced. A public body cannot ask
“why” the requestor is seeking the documents.
Can a request be made anonymously? For instance, e-mail requests are often
submitted anonymously.
Yes. A requestor is not required to provide his or her name.
Is a requestor required to state that a request for public documents is being made
pursuant to FOIA?
No. If a request is made for public documents, the public body should treat it as a request
pursuant to FOIA. A requestor is not required to include the words “Freedom of
Information Act” or the acronym “FOIA” in a request.
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FEES
Can the public body charge for copies?
Yes, but the charges are limited. For black and white, letter or legal sized copies (8 ½ x
11 or 11 x 17), the first 50 pages are free, and any additional pages can cost no more than
15 cents a page. For color copies or abnormal size copies, the public body can charge the
actual cost of copying.
Can a public body charge for electronic copies?
Yes, but only for the actual cost of the recording medium. For example, if information is
produced on CDs, the public body may only charge the actual cost of purchasing the
CDs.
Is it possible for a public body to waive the copying fees?
Yes. Public bodies may waive or reduce copying fees at any time if disclosure is in the
public interest. For example, a waiver or reduction may be available if:
The request is for information on the health, safety and welfare or the legal rights
of the general public;
There is an intent to disseminate the information; or
No personal or commercial benefit will be received from document disclosure.
Can we pass a vendor copy fee on to a requestor?
Only in certain circumstances. FOIA limits the copying charge to $.15 per page for black
and white copies on regular size paper, after the first 50 pages, which are free to the
requestor. A public body may only charge the actual cost of reproduction for oversized
or color copies.
Can the public body require receipt of the payment from the requestor before
making the requested copies?
Yes.
GETTING INFORMATION IN AN ELECTRONIC FORMAT
Can the requestor request the documents in electronic form?
Yes, and the public body must provide the electronic documents in the requested format,
if that is feasible for the public body. If that format is not available to the public body, it
must provide the documents in the electronic format in which they are kept or in paper, at
the option of the requestor.
If a public body must purchase a program to make certain information available in
the electronic format requested by the requestor, does the public body have to make
that purchase?
No. When a person requests a copy of a record maintained in an electronic format, the
public body must provide it in the electronic format specified by the requester, if it is
feasible for the public body to do so. If it is not feasible to furnish the public record in the
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specified electronic format, then the public body must furnish it in the format in which it
is maintained by the public body, or in paper format, at the option of the requester.
If the public body has a database and the requested information requires that the
public body do a search of that database, does the public body have to conduct that
search?
Yes, and the public body cannot charge the requestor for that search.
Are e-mails subject to FOIA?
Yes. All electronic communications (as long as they do not fall within an exemption) are
subject to FOIA.
LAW ENFORCEMENT FOIA REQUESTS
A police and/or incident report is prepared in connection with a domestic violence
call that includes the name of the neighbor who called the police. Charges are not
filed and subsequently the alleged abuser submits a FOIA request to obtain the
documents that contain the complainant’s information. Can that information be
redacted?
The police department may redact information that is exempt under Section 7(1)(d) of the
Act. Section 7(1)(d)(iv) allows police departments to redact (or withhold) information
that unavoidably discloses the identity of persons who file complaints with the police.
Section 7(1)(d)(vi) exempts information which, if disclosed, would endanger the life or
physical safety of law enforcement personnel or any other person.
CONSEQUENCES FOR NOT COMPLYING WITH FOIA
What are the penalties for a public body for not complying with FOIA?
In addition to the potential that a court ultimately could impose a civil penalty of between
$2,500 and $5,000 per FOIA violation, if a public body does not respond within the time
limits provided, it cannot subsequently charge for reproduction costs or treat the request
as unduly burdensome.
REQUESTOR’S OPTIONS IF THE PUBLIC BODY FAILS TO
RESPOND OR DENIES HIS/HER REQUEST
What happens if the public body doesn’t respond to a FOIA request?
If the public body does not respond to a request within 5 business days of receiving it,
that inaction is considered a denial of the request. If that occurs, a requestor can either
file a Request for Review with the Attorney General’s Public Access Counselor or file a
case in court.
What must the public body include in a denial?
The denial must be in writing and reference a specific legal reason under FOIA to justify
the non-disclosure. A public body has the burden of proving by clear and convincing
evidence that the information is exempt from disclosure. The denial also must inform the
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requestor of the right to seek review of the issue by the Public Access Counselor in the
Attorney General’s office, with the PAC’s contact information, as well as the right to
seek judicial review by filing a court case.
What can the requestor do if the public body denies the request for information?
The requestor can file a Request for Review with the Attorney General’s Public Access
Counselor within 60 calendar days from when the alleged violation occurred.
Alternatively, the requestor may file a civil action in the circuit court within two years
after the alleged violation took place.
What is a Request for Review to the Public Access Counselor?
A Request for Review is a letter that a requestor may submit to the PAC if he or she
believes that the public body has not followed FOIA. This letter is a formal way of
asking the PAC to take a look at the request and the public body’s response (or lack of a
response) and determine if a FOIA violation has occurred. The request must be in
writing, be signed by the requestor, and include a copy of the FOIA request and any
responses from the public body. It must be submitted to the PAC within 60 calendar days
of the public body’s final response (or the date upon which the response was due).
Is there a deadline for submitting a Request for Review?
Yes. The requestor must submit a Request for Review to the PAC within 60 calendar
days after the date of the final denial from the public body (or the date upon which the
response was due).
How do I contact the Public Access Counselor’s Office?
The Public Access Counselor is a part of the Public Access Bureau in the Attorney
General’s Office. Here is the contact information:
Public Access Bureau
500 S. 2nd Street
Springfield, Illinois 62706
217-558-0486
publicaccess@atg.state.il.us
What happens if someone submits a Request for Review with the PAC and what are
the responsibilities of the public body?
The PAC will review all requests and will do one of three things:
1.
Decide that no further action is necessary. If the PAC decides that the alleged
violation is unfounded, the PAC will advise the requestor and the public body
of that decision. At this point, the public body does need to take any further
action.
2.
Request more information from the public body. If more information is
needed to review the issue, the PAC may, within 7 working days after receipt
of the Request for Review, send a copy of the Request to the public body and
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ask for any records the PAC needs to complete the review. At this point, the
public body must submit the requested information to the PAC within 7
working days. Please note that the Attorney General’s office has the authority
to issue a subpoena for this information if the public body fails to respond
fully to the PAC’s request.
3.
The PAC may also try to resolve the FOIA dispute through mediation or other
informal means. The public body should work with the PAC and the requestor
to resolve the dispute.
What kind of information can the PAC request from the public body as part of the
analysis of the Request for Review?
The PAC can request any information that is necessary to decide whether a FOIA
violation has occurred. This includes obtaining copies of the information that the public
body claims is exempt from FOIA disclosure. If the PAC obtains information or
documents that are claimed to be exempt from disclosure, the PAC is prohibited from
disclosing the information or documents.
When will the PAC issue a final decision?
If the PAC decides to issue a binding opinion, the PAC will issue that opinion within 60
calendar days after receiving all the information needed to decide the matter. The PAC
may extend the 60-day time period by 21 working days by sending a written notice to the
requestor and the public body. This written notice must include the reasons for the
extension.
What are the different possible outcomes of a Request for Review by the PAC?
There are multiple ways the PAC may respond to a Request for Review:
Work to resolve the FOIA dispute with the public body and the requestor. (5
ILCS 140/9.5(f)) The PAC may choose to try to resolve the dispute through
mediation or by means other than the issuance of a binding opinion. The PAC’s
decision to decline to issue a binding opinion is not reviewable.
Review the issues in the FOIA dispute and determine that no further action is
necessary. (5 ILCS 140/9.5(c)) If the PAC decides that the alleged violations of
FOIA are unfounded, the PAC will advise the requestor and the public body of
that decision. The PAC will not conduct any further review.
Issue a binding opinion. (5 ILCS 140/9.5(f)) After obtaining and reviewing any
information needed to analyze the FOIA dispute between the requestor and the
public body and any additional information that the requestor or the public body
chose to provide, the PAC may issue a binding opinion. If the opinion orders the
public body to produce records, the public body may appeal the opinion to the
circuit court. If the public body does not appeal the opinion and fails to disclose
the records as ordered by the opinion, the Attorney General’s office may sue the
public body to enforce the opinion. If the opinion concludes that the records fall
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within a FOIA exemption and need not be disclosed, the requestor may appeal the
opinion to the circuit court.
Can a public body ask the Attorney General’s PAC for advice regarding compliance
with FOIA?
Yes. A public body can ask the Attorney General’s PAC to issue an advisory opinion
regarding compliance with FOIA. (5 ILCS 140/9.5(h))
For example, if a public body expects to receive FOIA requests for a certain record or
category of records that it maintains and is not certain if those records must be disclosed
under FOIA, the public body can ask the PAC for an advisory opinion regarding whether
the record(s) must be disclosed under FOIA or fall under a FOIA exemption. The
Attorney General’s PAC is not required by law to issue an advisory opinion in response
to a request.
To ask for an advisory opinion from the Attorney General’s PAC, the head of the public
body or its attorney must send a written request to the PAC. The request must contain
sufficient accurate facts for the PAC to make a determination. The PAC may request
additional information from the public body to assist in the review of the issue.
What happens if the public body relies on an advisory opinion from the PAC in
responding to a FOIA request but still ends up being sued by a requestor?
A public body that relies in good faith on an advisory opinion of the Attorney General’s
PAC in responding to a request is not liable for penalties under FOIA in a subsequent
lawsuit, as long as the public body fully and fairly disclosed to the PAC the facts upon
which the opinion is based.
What’s the difference between a requestor filing a Request for Review with the PAC
and filing a suit in court?
If the PAC issues a binding opinion deciding a case, then that opinion carries significant
weight. If the losing party decides to appeal it to court, the court must give deference to
the PAC’s opinion and can only overturn it if it is clearly erroneous. If the requestor goes
straight to court, the public body has the burden to show that its denial was correct
through clear and convincing evidence. Also, if the requestor goes to court and
substantially prevails against the public body, the requestor can recover attorney’s fees.
EXEMPTIONS – RECORDS THAT ARE NOT PUBLIC
What is considered a “public record”?
“Public records” are defined in FOIA as “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
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public body.” (5 ILCS 140/2(c)) Given this broad definition, FOIA is intended to cover
any document, regardless of form, that pertains to government business.
Does “public record” include electronic information?
Yes. FOIA defines public records to include electronic documents and communications.
When a person requests a record that is maintained in an electronic format, the public
body must provide it in the electronic format specified by the request, if that is feasible
for the public body. If it is not feasible, the public body must present the information in
the format in which it is maintained by the public body or in a paper format at the option
of the requestor. The public body may charge a fee for the actual cost of purchasing the
recording medium, such as the CD, but may not charge a fee for its search for or review
of the information.
What kind of information can I not get access to?
The FOIA law has a presumption that all information is public, unless the public body
proves otherwise. There are several exceptions to public disclosure that include but are
not limited to:
Private information – “Private information” is exempt from disclosure under
FOIA. FOIA defines “private information” as “unique identifiers, including a
person’s social security number, driver’s license number, employee identification
number, biometric identifiers, personal financial information, passwords or other
access codes, medical records, home or personal telephone numbers, and personal
e-mail addresses.” Under FOIA, “private information also includes home
addresses and personal license plate numbers, except as otherwise provided by
law or when compiled without possibility of attribution to any person.”
Personal information that, if disclosed, would constitute a clearly unwarranted
invasion of personal privacy, unless the disclosure is consented to in writing by
the person who is the subject of the information. Under FOIA, the “unwarranted
invasion of personal privacy” means the “disclosure of information that is highly
personal or objectionable to a reasonable person and in which the subject’s right
to privacy outweighs any legitimate public interest in obtaining the information.”
Disclosing information that relates to the public duties of public employees is not
considered an invasion of personal privacy.
Law enforcement records that, if disclosed, would interfere with a pending or
reasonably contemplated proceeding or that would disclose the identity of a
confidential source.
Information that, if disclosed, might endanger anyone’s life or physical safety.
Preliminary drafts or notes in which opinions are expressed or policies are
formulated, unless the record is publicly cited and identified by the head of the
public body.
Business trade secrets or commercial or financial information that is proprietary,
privileged or confidential and disclosure would cause a competitive harm to the
person or business.
Proposals and bids for any contract, until a final selection is made.
Requests that are “unduly burdensome.” (See next question.)
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What does “unduly burdensome” mean?
A FOIA exemption exists for requests that are unduly burdensome. A request may be
considered unduly burdensome if there is no way to narrow the request, and the burden
on the public body to produce the information outweighs the public interest in the
information. However, before relying on this exemption, the public body must first give
the requestor an opportunity to reduce the request to a manageable size. If it is still
unduly burdensome, the public body must explain in writing the reasons why the request
is unduly burdensome and the extent to which compliance will burden the operations of
the public body. Such a response is considered a denial.
What is a “clearly unwarranted invasion of personal privacy”?
FOIA contains an exemption for records that, if disclosed, would result in a “clearly
unwarranted invasion of personal privacy.” An “unwarranted invasion of personal
privacy” means the “disclosure of information that is highly personal or objectionable to
a reasonable person and in which the subject’s right to privacy outweighs any legitimate
public interest in obtaining the information.” Under FOIA, the disclosure of information
that relates to the public duties of public employees is not considered an invasion of
personal privacy.
COMMERCIAL REQUESTS
What is a request for information made for a commercial purpose?
A commercial request is when the requester seeks to use part or all of the public records
for sale, resale, or solicitation or advertisement for sales or services. Requests by the
news media, not-for-profit organizations, scientific or academic institutions are not
considered commercial information requests.
Are commercial information requests treated differently?
Yes. A public body has 21 business days to respond to a request for information that is
made for a commercial purpose. The public body can either: (1) provide the requested
records; (2) advise when the records will be provided and the costs; (3) deny the request
(if it falls under an exception); or (4) advise the requestor that the request is unduly
burdensome.
Can the public entity charge fees for copies of the information?
Yes, but the fees are limited. For traditional black and white, letter or legal sized copies
(8 ½ x 11 or 11 x 17) , the first 50 pages are free, and any additional pages can cost no
more than 15 cents a page. For color copies or abnormal size copies, the public body can
charge the actual cost of copying.
REDACTIONS
Can a public body remove or black out information from produced documents?
Yes, if a record contains information that is exempt from disclosure under FOIA, a public
body can remove or black out that exempt information from the public records. This is
called “redaction.” But the public body must produce the remaining information.
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Is there any information that a public body MUST withhold or redact? Although
there may be legitimate reasons to redact or withhold certain types of information, the
only information that the Freedom of Information Act requires a public body to redact are
the home addresses, home/private telephone numbers and social security numbers of
employees noted on certified payroll records that are required to be submitted to a public
body under the Prevailing Wage Act.
OTHER FOIA QUESTIONS
Does a request for a copy of an ordinance require a FOIA request?
No. Ordinances are public documents that should be immediately available to the public
without a FOIA request.
Can a public body allow you to inspect but not copy public documents?
No. They must allow you to inspect and obtain copies of public documents.
Can a public body draft its own policies to define FOIA compliance? For example,
can a public body require a FOIA response within 3 working days, instead of 5
working days?
Yes. A public body may adopt its own policies and procedures to govern its
implementation of FOIA as long as they are consistent with and do not conflict with
FOIA. FOIA constitutes the minimum requirements for public disclosure and does not
preclude a public body from adopting more strict standards.
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