How do I file a public records request in Illinois?
1. Statute. Illinois Freedom of Information Act, 5 ILCS 140/1 et seq. Strong presumption of openness.
2. Who Can Request. Any person—no residency requirement. Commercial requesters identified separately and subject to longer response times (21 days, § 140/3.1).
3. Form of Request. Written—mail, fax, email, or in person. Must reasonably identify records. Must state whether request is for commercial purpose.
4. Agency Response Deadline. 5 business days from receipt (§ 140/3(d)). One 5-business-day extension permitted for enumerated reasons (volume, off-site records, consultation). Failure to respond is a deemed denial.
5. Fees. First 50 pages of black-and-white letter/legal copies free; $0.15 per page thereafter (§ 140/6). Color or non-standard sizes at actual cost. No search/review fees. Certified copies $1.00.
6. Exemptions. § 140/7: private information (SSNs, biometrics), personal information disclosure that would be unwarranted invasion of privacy, law enforcement records, preliminary drafts, trade secrets, attorney-client communications, attorney work product, real estate appraisals.
7. Redaction. Agency must redact exempt info and disclose the remainder (§ 140/7(1)).
8. Denial & Appeal. Written denial citing exemption; must include notice of right to PAC review and judicial review. Requester may request review by the Public Access Counselor (PAC) within 60 days (§ 140/9.5) or file suit directly.
9. Court Action. Civil action in circuit court (§ 140/11). De novo review.
10. Penalties. Court may impose civil penalty of $2,500 to $5,000 for willful and intentional violation (§ 140/11(j)). Attorney fees and costs mandatory if requester prevails (§ 140/11(i)).
This is legal information, not legal advice.
- PAC issues a non-binding determination siding with the agency
- You want to seek civil penalties for willful non-compliance
- Records involve police misconduct, public official corruption, or large data sets
- 5 ILCS 140/1 et seq. (Illinois FOIA)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.