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Public Entities Public Access Laws Freedom of Information Act

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

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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

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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

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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

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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.

The Top Five Takeaways from the Public Access Counselor’s 2019 Binding Opinions

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The Illinois Attorney General’s Public Access Counselor was once again busy during 2019, issuing binding decisions of interest to public entities governed by the Illinois Open Meetings Act and Freedom of Information Act....more

Franczek P.C.

OK to Deny FOIA Request for Nonexistent Records

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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

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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

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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

Franczek P.C.

Denial of Request for 44,536 Emails as Unduly Burdensome Violated FOIA

Franczek P.C. on

During my recent time working at the Department of Education’s Office for Civil Rights, I worked with the Federal Freedom of Information Act, which does not contain an unduly burdensome exemption....more

Franczek P.C.

PAC FOIA Opinions Address “Unduly Burdensome” factor, Personal Privacy Exemption and Public Records

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In three separate opinions rendered in November, the Public Access Counselor (PAC) of the Illinois Attorney General provided guidance regarding the Freedom of Information Act (FOIA) on the definition of “unduly burdensome,”...more

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