Illinois Freedom of Information Act

Response Timeline

Business days. Extension allowed for: records at other locations, substantial records collection, extensive search, records not located in routine search, examination needed to determine if exempt, or other specified reasons. Failure to respond within statutory time waives right to charge fees.

No residency requirement. Any person may request records.

How to Submit a Request

Accepted Methods

• Email
• Mail
• Fax
• In person

Request must be in writing and cannot be in the form of a question. No specific form required.

Required Elements

• Requirement — Written request (not verbal)
• Requirement — Description of records sought (with enough specificity to enable agency to identify)
• Requirement — Name and contact information

Optional Elements

• Optional — Statement regarding purpose (only needed for fee waiver or to determine commercial status)
• Optional — Preferred format for records
• Optional — News media or nonprofit affiliation (for fee waiver consideration)

Fees

Illinois has strong fee protections. Electronic records cannot include search/review fees. Paper copies: first 50 pages free, then max $0.15/page. Failure to meet deadlines = fees waived.

Fee Waivers

• Agency must furnish records without charge or at reduced charge when disclosure serves the public interest
• News media requests that serve public purpose qualify for fee waiver
• Nonprofits accessing information for public benefit purposes
• If agency fails to respond timely, all fees are waived

Unique Illinois feature: failure to respond on time automatically waives ALL fees. Additionally, public interest waivers are available for health/safety/welfare disclosures.

Exemptions

• Preliminary Drafts & Notes (§7(1)(a))
  Preliminary drafts, notes, recommendations, memoranda, and other records in which opinions are expressed or policies formulated
• Private Information (§7(1)(b))
  Private information including personal information that would constitute clearly unwarranted invasion of privacy
• Personnel Files (§7(1)(c))
  Personnel files and personal information related to employees
• Law Enforcement Records (§7(1)(d))
  Records in possession of law enforcement agencies created during administrative enforcement proceedings or for law enforcement purposes
• Trade Secrets (§7(1)(f))
  Trade secrets and commercial or financial information obtained from a person or business
• Attorney-Client Privilege (§7(1)(g))
  Communications between the agency and its attorneys, legal opinions, and attorney work product
• Collective Bargaining (§7(1)(m))
  Information related to collective bargaining negotiations, preliminary contract proposals and offers
• Security Measures (§7(1)(q))
  Security measures, vulnerability assessments, and emergency response plans
• Library Records (§7(1)(r))
  Information that identifies library users with specific materials
• Medical/Mental Health Records (§7(1)(s))
  Medical or mental health records protected by other laws

Illinois FOIA requires segregability - agencies must redact only exempt portions and release non-exempt material. Disclosure of information about public duties of public employees is NOT considered invasion of privacy.

Appeal Process

Illinois has a unique Public Access Counselor (PAC) system providing free administrative review through the Attorney General's office. PAC can issue binding opinions (with deference from courts), but most cases resolved through mediation. Court action available without exhausting PAC remedies.

Request Templates

Records Retention

5 ILCS 160/1 et seq.

View retention law →

All public records are state property and may not be destroyed except as provided by law. Agencies must submit an Application for Authority to Dispose of State Records. The State Records Commission must approve before disposal. The Local Records Act (50 ILCS 205) governs local government records separately.

Sources & References

• Full text of law →
• Primary source →
• RCFP Open Government Guide — Illinois →
• NFOIC State FOI Resources →