How to File a Public Records Request in Illinois
The Illinois Freedom of Information Act (5 ILCS 140/1 et seq.) grants every person — regardless of citizenship or residency — the right to inspect and copy public records held by any public body in the state. Enacted in 1984 and substantially strengthened by a 2010 overhaul, the law defines public records broadly to include virtually any document, recording, or electronic communication used in the conduct of public business. Public bodies must respond to written requests within five business days, or within twenty-one business days for commercial-purpose requests. The burden of justifying withholding falls on the agency, not the requester, and exemptions — covering areas such as personal privacy, active law enforcement records, and attorney-client communications — are to be construed narrowly. A unique feature of Illinois FOIA is the Public Access Counselor (PAC) in the Attorney General's Office, which can receive appeals, mediate disputes, and issue binding opinions at no cost to requesters.
The Illinois Freedom of Information Act
- Statutory Citation
- 5 Illinois Compiled Statutes 140/1 et seq. (5 ILCS 140/1–140/11)
- Response Deadline
- 5 business days
- Fee Provisions
- Under 5 ILCS 140/6, public bodies may charge fees reasonably calculated to reimburse actual reproduction costs. The first 50 pages of standard black-and-white copies must be provided free of charge; additional pages may be charged at no more than the actual per-page cost (commonly $0.15). Color copies, oversized documents, and electronic media such as CDs may carry separate per-unit fees. Fee waivers or reductions are available when disclosure is in the public interest and not primarily for commercial benefit (5 ILCS 140/6(b)). Importantly, if an agency fails to respond within five business days, it may not charge any copying fee.
- Key Exemptions
- Major exemptions under 5 ILCS 140/7 include: private information such as Social Security numbers and biometric identifiers; personnel files and disciplinary records whose disclosure would constitute an unwarranted invasion of privacy; active law enforcement records that could interfere with pending investigations; attorney-client privileged communications; preliminary drafts and deliberative memoranda; trade secrets and proprietary business information; and certain security-related assessments. Exemptions are construed narrowly — agencies must redact only the exempt portions and release the rest.
- Appeal Process
- If a request is denied or not responded to within the statutory deadline, the requester may file a Request for Review with the Illinois Attorney General's Public Access Counselor (PAC) within 60 days of the denial (5 ILCS 140/9.5). The PAC can mediate disputes, issue binding opinions, and refer matters for administrative review. Requesters may also bypass the PAC and file directly in circuit court for injunctive or declaratory relief under 5 ILCS 140/11. If a court finds an agency willfully and purposefully failed to comply, it may impose civil penalties of $2,500–$5,000 and award reasonable attorney fees to a prevailing requester.
- Ombudsman
- The Illinois Attorney General's Public Access Counselor (PAC) serves as the state's FOIA ombudsman, with authority to receive appeals, mediate disputes, issue binding opinions, and provide free training to FOIA officers. As of 2024, Leah Bartelt serves as the Public Access Counselor. Contact the PAC at 1-877-299-FOIA (1-877-299-3642) or [email protected], 500 S. 2nd Street, Springfield, IL 62706.
Read the full text of the Illinois Freedom of Information Act
City FOIA Guides in Illinois
Select a city below for a detailed guide on how to file a public records request with that municipality.
Need Help with Public Records in Illinois?
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