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Freedom of Information Act › Public Entities › Public Records

The Freedom of Information Act is a United States federal statute enacted in 1966 to promote government transparency and the free exchange of public information. Under FOIA, any individual can request federal... more +
The Freedom of Information Act is a United States federal statute enacted in 1966 to promote government transparency and the free exchange of public information. Under FOIA, any individual can request federal agency records and enforce that right in a court of law. However, not all agency records can be requested; there are nine exempt categories of information. In addition to the federal law, many states have passed their own freedom of information acts. These acts are often similar but not always identical to the federal version.  less -
CloudNine

Resourcing Your Public Records/FOIA Requests Response with a Lean Team

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When it comes to managing FOIA (Freedom of Information Act) and similar public records requests, resourcing your team effectively is crucial. Even with a small team, you can achieve a lot by appointing an expert internally...more

Franczek P.C.

FOIA Does Not Require Public Bodies to Compel Production of Third-Party Records

Franczek P.C. on

The Illinois Appellate Court recently ruled that the Freedom of Information Act (FOIA) does not obligate a public body to produce records that it does not already maintain in response to a FOIA request. Further, the Court...more

Venable LLP

FOIL Law Simplified

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Nearly anyone who can read a newspaper understands the meaning of a FOIL or FOIA request. FOIA refers to the Freedom of Information Act, which allows a requester to obtain documents from federal agencies, while its...more

Franczek P.C.

Illinois Appellate Court Issues New FOIA-Related Ruling Regarding Unduly Burdensome Exemption

Franczek P.C. on

The Illinois Appellate Court recently issued a new decision regarding the FOIA. In Kraft v. Chicago Police Department, the Court ruled in favor of the police department, finding it properly exempted records as unduly...more

Franczek P.C.

PAC Issues New Binding Opinion Regarding Personal and Pre-Decisional Exemptions Under FOIA

Franczek P.C. on

The PAC recently released its second binding opinion of 2022, which provides helpful analysis and guidance regarding the personal and pre-decisional exemptions under the FOIA. The PAC determined that the City of Chicago...more

Franczek P.C.

Illinois Supreme Court Issues Decision Upholding Private and Personal Redactions Under FOIA

Franczek P.C. on

Recently, the Illinois Supreme Court issued a decision regarding the FOIA, upholding a public body’s redaction of traffic accident reports pursuant to Sections 7(1)(b) and 7(1)(c) of the FOIA....more

Franczek P.C.

Illinois PAC Rejects FOIA Exemption for Communications with an Interested Third Party

Franczek P.C. on

The Illinois Attorney General’s Public Access Counselor recently issued a binding opinion holding that the Illinois Freedom of Information Act exemption for predecisional records does not apply to communications from a public...more

Franczek P.C.

First Quarter 2021 Illinois FOIA & OMA Update

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PRE-DECISIONAL & DELIBERATIVE PROCESS UPDATES U.S. - SUPREME COURT DECISION - On March 4, 2021, the U.S. Supreme Court issued a decision in United States Fish and Wildlife Service v. Sierra Club addressing the “deliberative...more

Franczek P.C.

OK to Deny FOIA Request for Nonexistent Records

Franczek P.C. on

In a recent decision, the Illinois Appellate Court held that the nonexistence of requested documents is an affirmative defense to a complaint grounded in the Freedom of Information Act. The court also clarified that public...more

Franczek P.C.

February FOIA Roundup

Franczek P.C. on

February was a busy month for decisions about the Illinois Freedom of Information Act (“FOIA” or the “Act”). ...more

Franczek P.C.

According to the PAC, Communications About Public Business on Personal Devices Subject to FOIA

Franczek P.C. on

Since a 2013 Illinois Appellate Court decision, City of Champaign v. Madigan, Illinois public bodies have known that three categories of emails and text messages sent to or from personal technology devices are “public...more

Holland & Knight LLP

FOIA and Public Records: IHSA 3, BGA 0

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In Better Government Association v. Illinois High School Association and High School District 230 IL Supreme Court No. 121124, the Illinois Supreme Court, on May 18, 2017, affirmed an appellate court's ruling that the...more

Miller Canfield

Court Clarifies Public Bodies Requirement to Provide Documents Under FOIA

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A public body must respond to a FOIA request within five days, but the Michigan Court of Appeals has opined that there is no obligation to produce the requested information within that timeframe. In a June 23, 2016,...more

Franczek P.C.

Iowa Case Highlights Often Overlooked Risk of Releasing Personal Emails in Public Records Requests

Franczek P.C. on

As a frequent advisor to school districts on freedom of information requests, the question I face most often is how a public body can protect a sensitive document from release. ...more

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