AN ACT in relation to access to public records and documents P.A. 83-1013,
certified Dec. 27, l983, eff. July l, l984.
Section 201. Public Policy--Legislative intent
Pursuant to the fundamental philosophy of the American constitutional
form of government, it is declared to be the public policy of the State of
Illinois that all persons are entitled to full and complete information
regarding the affairs of government and the official acts and policies of
those who represent them as public officials and public employees consistent
with the terms of the Act. Such access is necessary to enable the people to
fulfill their duties of discussing public issues fully and freely, making
informed political judgments and monitoring government to ensure that it is
being conducted in the public interest.
This Act is not intended to be used to violate individual privacy, nor
for the purpose of furthering a commercial enterprise, or to disrupt the duly-
undertaken work of any public body independent of the fulfillment of any of
the fore-mentioned rights of the people to access to information.
This Act is not intended to create an obligation on the part of any
public body to maintain or prepare any public record which was not maintained
or prepared by such public body at the time when this Act becomes effective,
except as otherwise required by applicable local, State or federal law.
The restraints on information access should be seen as limited exceptions
to the general rule that the people have a right to know the decisions,
policies, procedures, rules, standards, and other aspects of government
activity that affect the conduct of government and the lives of any or all the
people. The provisions of this Act shall be construed to this end.
This Act shall be the exclusive State statute on freedom of information,
except to the extent that other State statutes might create additional
restrictions on disclosure of information or other laws in Illinois might
create additional obligations for disclosure of information to the public.
Section 201.1. Short title
This Act shall be known and may be cited as "The Freedom of Information
Act".
Section 202. Definitions
Definitions. As used in this Act:
(a) "Public body" means any 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, and any subsidiary bodies of any of the foregoing
including but not limited to committees and subcommittees which are
supported in whole or in part by tax revenue, or which expend tax
revenue.
(b) "Person" means any individual, corporation, partnership, firm,
organization or association, acting individually or as a group.
(c) "Public records" means all records, reports, forms, writings,
letters, memoranda, books, papers, maps, photographs, microfilms, cards,
tapes, recordings, electronic data processing records, recorded
information and all other documentary materials, regardless of physical
form or characteristics, having been prepared, or having been or being
used, received, possessed or under the control of any public body.
"Public records" includes, but is expressly not limited to: (i)
administrative manuals, procedural rules, and instructions to staff,
unless exempted by Section 7(p) of this Act; (ii) final opinions and
orders made in the adjudication of cases, except an educational
institution's adjudication of student or employee grievance or
disciplinary cases; (iii) substantive rules; (iv) statements and
interpretations of policy which have been adopted by a public body; (v)
final planning policies, recommendations, and decisions; (vi) factual
reports, inspection reports, and studies whether prepared by or for the
public body; (vii) all information in any account, voucher, or contract
dealing with the receipt or expenditure of public or other funds of
public bodies; (viii) the names, salaries, titles, and dates of
employment of all employees and officers of public bodies; (ix) materials
containing opinions concerning the rights of the state, the public, a
subdivision of state or a local government, or of any private persons;
(x) the name of every official and the final records of voting in all
proceedings of public bodies; (xi) applications for any contract, permit,
grant, or agreement except as exempted from disclosure by subsection (g)
of Section 7 of this Act; (xii) each report, document, study or
publication prepared by independent consultants or other independent
contractors for the public body; (xiii) all other information required
by law to be made available for public inspection or copying and (xiv)
information relating to any grant or contract made by or between a public
body and another public body or private organization.
(d) "Copying" means the reproduction of any public record by means of
any photographic, electronic, mechanical or other process, device or
means.
(e) "Head of the public body" means the president, mayor, chairman,
presiding officer, director, superintendent, manager, supervisor or
individual otherwise holding primary executive and administrative
authority for the public body, or such person's duly authorized designee.
Section 203. Inspection or copying of public records--Request procedures
(a) Each public body shall make available to any person for inspection
or copying all public records, except as otherwise provided in Section 7
of the Act.
(b) Subject to the fee provisions of Section 6 of this Act, each public
body shall promptly provide, to any person who submits a written request,
a copy of any public record required to be disclosed by subsection (a) of
this Section and shall certify such copy if so requested.
(c) Each public body shall, promptly, either comply with or deny a
written request for public records within 7 working days after its
receipt. Denial shall be by letter as provided in Section 9 of this Act.
Failure to respond to a written request within 7 working days after its
receipt shall be considered a denial of the request.
(d) The time limits prescribed in paragraph (c) of this Section may be
extended in each case for not more than 7 additional working days for any
of the following reasons:
(i) the requested records are stored in whole or in part at other
locations than the office having charge of the requested records;
(ii) the request requires the collection of a substantial number of
specified records;
(iii) the request is couched in categorical terms and requires
an
extensive search for the records responsive to it;
(iv) the requested records have not been located in the course of
routine search and additional efforts are being made to locate them;
(v) the requested records require examination and evaluation by
personnel having the necessary competence and discretion to
determine if they are exempt from disclosure under Section 7 of this
Act or should be revealed only with appropriate deletions;
(vi) the request for records cannot be complied with by the public
body within the time limits prescribed by paragraph (c) of this
Section without unduly burdening or interfering with the operations
of the public body;
(vii) there is a need for consultation, which shall be conducted
with all practicable speed, with another public body or among two or
more components of a public body having a substantial interest in
the determination or in the subject matter of the request.
(e) When additional time is required for any of the above reasons, the
public body shall notify by letter the person making the written request
within the time limits specified by paragraph (c) of this Section of the
reasons for the delay and the date by which the records will be made
available or denial will be forthcoming. In no instance, may the delay
in processing last longer than 7 working days. A failure to render a
decision within 7 working days shall be considered a denial of the
request.
(f) Requests calling for all records falling within a category shall be
complied with unless compliance with the request would be unduly
burdensome for the complying public body and there is no way to narrow
the request and the burden on the public body outweighs the public
interest in the information. Before invoking this exemption, the public
body shall extend to the person making the request an opportunity to
confer with it in an attempt to reduce the request to manageable
proportions. If any body responds to a categorical request by stating
that compliance would unduly burden its operation and the conditions
described above are met, it shall do so in writing, specifying the
reasons why it would be unduly burdensome and the extent to which
compliance will so burden the operations of the public body. Such a
response shall be treated as a denial of the request for information.
Repeated requests for the same public records by the same person shall be
deemed unduly burdensome under this provision.
(g) Each public body may promulgate rules and regulations in conformity
with the provisions of this Section pertaining to the availability of
records and procedures to be followed, including:
(i) the times and places where such records will be made available,
and
(ii) the persons from whom such records may be obtained.
Section 204. Dissemination of information about public body
Each public body shall prominently display at each of its administrative
or regional offices, make available for inspection and copying, and send
through the mail if requested, each of the following:
(a) A brief description of itself, which will include, but not be
limited to, a short summary of its purpose, a block diagram giving its
functional subdivisions, the total amount of its operating budget, the
number and location of all of its separate offices, the approximate
number of full and part-time employees, and the identification and
membership of any board, commission, committee, or council which operates
in an advisory capacity relative to the operation of the public body, or
which exercises control over its policies or procedures, or to which the
public is required to report and be answerable for its operations; and
(b) A brief description of the methods whereby the public may request
information and public records, a directory designating by titles and
addresses those employees to whom requests for public records should be
directed, and any fees allowable under Section 6 of this Act.
Section 205. List of records available from public body
As to public records prepared or received after the effective date of
this Act, each public body shall maintain and make available for inspection
and copying a reasonably current list of all types or categories of records
under its control. The list shall be reasonably detailed in order to aid
persons in obtaining access to public records pursuant to this Act. Each
public body shall furnish upon request a description of the manner in which
public records stored by means of electronic data processing may be obtained
in a form comprehensible to persons lacking knowledge of computer language or
printout format.
Section 206. Fees
(a) Each public body may charge fees reasonably calculated to reimburse
its actual cost for reproducing and certifying public records and for the
use, by any person, of the equipment of the public body to copy records.
Such fees shall exclude the costs of any search for and review of the
record, and shall not exceed the actual cost of reproduction and
certification, unless otherwise provided by State statute. Such fees
shall be imposed according to a standard scale of fees, established and
made public by the body imposing them.
(b) Documents shall be furnished without charge or at a reduced charge,
as determined by the public body, if the person requesting the documents
states the specific purpose for the request and indicates that a waiver
or reduction of the fee is in the public interest. Waiver or reduction
of the fee is in the public interest if the principal purpose of the
request is to access and disseminate information regarding the health,
safety and welfare of the legal rights of the general public and is not
for the principal purpose of personal or commercial benefit. In setting
the amount of the waiver or reduction, the public body may take into
consideration the amount of materials requested and the cost of copying
them.
(c) The purposeful imposition of a fee not consistent with subsections
(6)(a) and (b) of this Act shall be considered a denial of access to
public records for the purposes of judicial review.
(d) The fee for an abstract of a driver's records shall be as provided
in Section 6-118 of "The Illinois Vehicle Code", approved September 29,
1969, as amended.
Section 207. Exemptions
(1) The following shall be exempt from inspection and copying:
(a) Information specifically prohibited from disclosure by Federal or
State law or rules and regulations adopted pursuant to federal or State
law.
(b) Information that, if disclosed, would constitute a clearly
unwarranted invasion of personal privacy, unless such disclosure is
consented to in writing by the individual subjects of the information.
The disclosure of information that bears on the public duties of public
employees and officials shall not be considered an invasion of personal
privacy. Information exempted under this subsection (b) shall include
but is not limited to:
(i) files and personal information maintained with respect to
clients, patients, residents, students or other individuals
receiving social, medical, educational, vocational, financial,
supervisory or custodial care or services directly or indirectly
from federal agencies or public bodies;
(ii) personnel files and personal information maintained with
respect to employees, appointees or elected officials of any public
body or applicants for those positions;
(iii) files and personal information maintained with respect to
any applicant, registrant or licensee by any public body cooperating
with or engaged in professional or occupational registration,
licensure or discipline;
(iv) information required of any taxpayer in connection with the
assessment or collection of any tax unless disclosure is otherwise
required by State statute; and
(v) information revealing the identity of persons who file
complaints with or provide information to administrative,
investigative, law enforcement or penal agencies.
(c) Records compiled by any public body for administrative enforcement
proceedings and any law enforcement or correctional agency for law
enforcement purposes or for internal matters of a public body, but only
to the extent that disclosure would:
(i) interfere with pending or actually and reasonably contemplated
law enforcement proceedings conducted by any law enforcement or
correctional agency;
(ii) interfere with pending administrative enforcement
proceedings conducted by any public body;
(iii) deprive a person of a fair trial or an impartial hearing;
(iv) unavoidably disclose the identity of a confidential source or
confidential information furnished only by the confidential source;
(v) disclose unique or specialized investigative techniques other
than those generally used and known or disclose internal documents
of correctional agencies related to detection, observation or
investigation of incidents of crime or misconduct;
(vi) constitute an invasion of personal privacy under subsection (b)
of this Section;
(vii) endanger the life or physical safety of law enforcement
personnel or any other person; or
(viii) obstruct an ongoing criminal investigation.
(d) Criminal history record information maintained by State or local
criminal justice agencies, except the following which shall be open for
public inspection and copying:
(i) chronologically maintained arrest information, such as
traditional arrest logs or blotters;
(ii) the name of a person in the custody of a law enforcement agency
and the charges for which that person is being held;
(iii) court records that are public;
(iv) records that are otherwise available under State or local law;
or
(v) records in which the requesting party is the individual
identified, except as provided under paragraph (vii) of subsection
(c) of this Section.
"Criminal history record information" means data identifiable to an
individual and consisting of descriptions or notations of arrests,
detentions, indictments, informations, pre-trial proceedings, trials, or
other formal events in the criminal justice system or descriptions or
notations of criminal charges (including criminal violations of local
municipal ordinances) and the nature of any disposition arising
therefrom, including sentencing, court or correctional supervision,
rehabilitation and release. The term does not apply to statistical
records and reports in which individuals are not identified and from
which their identities are not ascertainable, or to information that is
for criminal investigative or intelligence purposes.
(e) Records that relate to or affect the security of correctional
institutions and detention facilities.
(f) Preliminary drafts, notes, recommendations, memoranda and other
records in which opinions are expressed, or policies or actions are
formulated, except that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and identified by
the head of the public body. The exemption provided in this subsection
(f) extends to all those records of officers and agencies of the General
Assembly which pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial information obtained from
a person or business where the trade secrets or information are
proprietary, privileged or confidential, or where disclosure of such
trade secrets or information may cause competitive harm. Nothing
contained in this subsection shall be construed to prevent a person or
business from consenting to disclosure.
(h) Proposals and bids for any contract, grant, or agreement, including
information which if it were disclosed would frustrate procurement or
give an advantage to any person proposing to enter into a contractor
agreement with the body, until an award or final selection is made.
Information prepared by or for the body in preparation of a bid
solicitation shall be exempt until an award or final selection is made.
(i) Valuable formulae, designs, drawings and research data obtained or
produced by any public body when disclosure could reasonably be expected
to produce private gain or public loss.
(j) Test questions, scoring keys and other examination data used to
administer an academic examination or determined the qualifications of an
applicant for a license or employment.
(k) Architects' plans and engineers' technical submissions for projects
not constructed or developed in whole or in part with public funds and
for projects constructed or developed with public funds, to the extent
that disclosure would compromise security.
(l) Library circulation and order records identifying library users with
specific materials.
(m) Minutes of meetings of public bodies whose meetings are closed to
the public as provided in the Open Meetings Act until the time as the
public body makes the minutes available to the public under Section 2.06
of the Open Meetings Act.
(n) Communications between a public body and an attorney or auditor
representing the public body that would not be subject to discovery in
litigation, and materials prepared or compiled by or for a public body in
anticipation of a criminal, civil or administrative proceeding upon the
request of an attorney advising the public body, and materials prepared
or compiled with respect to internal audits of public bodies.
(o) Information received by a primary or secondary school, college or
university under its procedures for the evaluation or faculty members by
their academic peers.
(p) Administrative or technical information associated with automated
data processing operations, including but not limited to software,
operating protocols, computer program abstracts, file layouts, source
listings, object modules, load modules, user guides, documentation
pertaining to all logical and physical design of computerized systems,
employee manuals, and any other information that, if disclosed, would
jeopardize the security of the system or its data or the security of
materials exempt under this Section.
(q) Documents or materials relating to collective negotiating matters
between public bodies and their employees or representatives, except that
any final contract or agreement shall be subject to inspection and
copying.
(r) Drafts, notes, recommendations and memoranda pertaining to the
financing and marketing transactions of the public body. The records of
ownership, registration, transfer, and exchange of municipal debt
obligations, and of persons to whom payment with respect to these
obligations is made.
(s) The records, documents and information relating to real estate
purchase negotiations until those negotiations have been completed or
otherwise terminated. With regard to a parcel involved in a pending or
actually and reasonably contemplated eminent domain proceeding under
Article VII of the Code of Civil Procedure, records, documents and
information relating to that parcel shall be exempt except as may be
allowed under discovery rules adopted by the Illinois Supreme Court. The
records, documents and information relating to a real estate sale shall
be exempt until a sale is consummated.
(t) Any and all proprietary information and records related to the
operation of an intergovernmental risk management association or self-
insurance pool or jointly self-administered health and accident
cooperative or pool.
(u) Information concerning a university's adjudication of student or
employee grievance or disciplinary cases, to the extent that such
disclosure would reveal the identity of the student or employee and
information concerning any public body's adjudication of student or
employee grievances or disciplinary cases, except for the final outcome
of the cases.
(v) Course materials or research materials used by faculty members.
(w) Information related solely to the internal personnel rules and
practices of a public body.
(x) Information contained in or related to examination, operating, or
condition reports prepared by, on behalf of, or for the use of a public
body responsible for the regulation or supervision of financial
institutions or insurance companies, unless disclosure is otherwise
required by State law.
(y) Information the disclosure of which is restricted under Section 5-
108 of The Public Utilities Act.
(z) Manuals or instruction to staff that relate to establishment or
collection of liability for any State tax or that relate to
investigations by a public body to determine violation of any criminal
law.
(aa) Applications, related documents, and medical records received by the
Experimental Organ Transplantation Procedures Board and any and all
documents or other records prepared by the Experimental Organ
Transplantation Procedures Board or its staff relating to applications it
has received.
(bb) Insurance or self insurance (including any intergovernmental risk
management association or self insurance pool) claims, loss or risk
management information records, data, advice or communications.
(cc) Information and records held by the Department of Public Health and
its authorized representatives relating to known or suspected cases of
sexually transmissible disease or any information the disclosure of which
is restricted under the Illinois Sexually Transmissible Disease Control
Act.
(dd) Information the disclosure of which is exempted under Section 7 of
the "Radon Mitigation Act", enacted by the Eighty-Sixth General Assembly.
(2) This Section does not authorize withholding of information or limit
the availability of records to the public, except as stated in this
Section or otherwise provided in this Act.
Section 207.1 Receipt of benefits or payments suspended or terminated--
Publication of names and address
Nothing in this Act shall be construed to prohibit publication of and
dissemination by the Department of Public Aid of the names and addresses of
entities which have had receipt of benefits or payments under the Illinois
Public Aid Code suspended or terminated or future receipt barred, pursuant to
Section 11-26 of that Code.
Section 208. Nonexempt materials contained in exempt records
If any public record that is exempt from disclosure under Section 7 of
this Act contains any material which is not exempt, the public body shall
delete the information which is exempt and make the remaining information
available for inspection and copying.
Section 209. Denial of request for public records--Notice
(a) Each public body or head of a public body denying a request for
public records shall notify by letter the person making the request of
the decision to deny such, the reasons for the denial, and the names and
titles or positions of each person responsible for the denial. Each
notice of denial by a public body shall also inform such person of his
right to appeal to the head of the public body. Each notice of denial of
an appeal by the head of a public body shall inform such person of his
right to judicial review under Section 11 of this Act.
(b) When a request for public records is denied on the grounds that the
records are exempt under Section 7 of this Act, the notice of denial
shall specify the exemption claimed to authorize the denial. Copies of
all notices of denial shall be retained by each public body in a single
central office file that is open to the public and indexed according to
the type of exemption asserted and, to the extent feasible, according to
the types of records request.
Section 210. Denial of request for public records--Appeal
(a) Any person denied access to inspect or copy any public record may
appeal the denial by sending a written notice of appeal to the head of
the public body. Upon receipt of such notice the head of the public body
shall promptly review the public record, determine whether under the
provisions of this Act such record is open to inspection and copying, and
notify the person making the appeal of such determination within 7
working days after the notice of appeal.
(b) Any person making a request for public records shall be deemed to
have exhausted his administrative remedies with respect to such request
if the head of the public body affirms the denial or fails to act within
the time limit provided in subsection (a) of this Section.
Section 211. Denial of request for public records--Injunctive or
declaratory relief
(a) Any person denied access to inspect or copy any public record by the
head of a public body may file suit for injunctive or declaratory relief.
(b) Where the denial is from the head of a public body of the State,
suit may be filed in the circuit court for the county where the public
body has its principal office or where the person denied access resides.
(c) Where the denial is from the head of a municipality or other public
body, except as provided in subsection (b) of this Section, suit
may be filed in the circuit court for the county where the public body is
located.
(d) The circuit court shall have the jurisdiction to enjoin the public
body from withholding public records and to order the production of any
public records improperly withheld from the person seeking access. If
the public body can show that exceptional circumstances exist, and that
the body is exercising due diligence in responding to the request, the
court may retain jurisdiction and allow the agency additional time to
complete its review of the records.
(e) On motion of the plaintiff, prior to or after in camera inspection,
the court shall order the public body to provide an index of the records
to which access has been denied. The index shall include the following:
(i) A description of the nature or contents of each document
withheld, or each deletion from a released document, provided,
however, that the public body shall not be required to disclose the
information which it asserts is exempt; and
(ii) A statement of the exemption or exemptions claimed for each
such deletion or withheld document.
(f) In any action considered by the court, the court shall consider the
matter de novo, and shall conduct such in camera examination of the
requested records as it finds appropriate to determine if such records or
any part thereof may be withheld under any provision of this Act. The
burden shall be on the public body to establish that its refusal to
permit public inspection or copying is in accordance with the provisions
of this Act.
(g) In the event of noncompliance with an order of the court to
disclose, the court may enforce its order against any public official or
employee so ordered or primarily responsible for such noncompliance
through the court's contempt powers.
(h) Except as to causes the court considers to be of greater importance,
proceedings arising under this Section shall take precedence on the
docket over all other causes and be assigned for hearing and trial at the
earliest practicable date and expedited in every way.
(i) If a person seeking the right to inspect or receive a copy of a
public record substantially prevails in a proceeding under this Section,
the court may award such person reasonable attorneys' fees if the court
finds that the record or records in question were of clearly significant
interest to the general public and that the public body lacked any
reasonable basis in law for withholding the record.
