The Illinois Freedom of Information Act (FOIA) provides public access to all government agency records with some exceptions. For example, agencies are required to disclose the accessible records when they receive a written request. Under FOIA (5 ILCS 140/), this can include “records, reports, forms, writings, letters, memoranda, books, papers, maps, photographs, microfilms, cards, tapes, recordings, electronic data processing records, electronic communications, recorded information and all other documentary materials pertaining to the transaction of public business…”
For example, you can make FOIA requests for access to the City of Chicago’s 24-hour streaming video from red-light cameras from the Department of Transportation.
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According to the City of Chicago FOIA website, the most common FOIA requests include: building permits, boot and tow info, contracts and payments, and City Council meeting minutes.
Each city department is responsible for maintaining different records and will handle FOIA requests related to the public business of their department. Some examples include:
A longer list of departments and the more frequently requested FOIA requests they handle can be found on chicago.gov.
Yes! There are no requirements to be an attorney, to be represented by an attorney, or in a lawsuit in order to submit requests under FOIA.
This video provides a step by step guide for how to make a police FOIA request with the Chicago Police Department via Chicago’s website: chicago.gov/publicrecords. Your Freedom of Information Act request with the Chicago police department might be for a case record, arrest record, or for crime statistics.
This video provides a step by step guide for how to make FOIA requests with the OEMC via Chicago’s website: chicago.gov/publicrecords. FOIA requests from the OEMC might include 911 audio, 911 event queries, or video requests for footage from police department observation device cameras.
If information is not publicly available, you can submit a Freedom of Information Act (FOIA) request yourself. These FOIA requests must be made to the responsible city, state, or federal agency, and each agency will describe specifically how to submit the FOIA request. Many agencies will offer a stock or template request form and will accept these requests electronically. Agencies only have access to their own records, so make sure you pick the right agency when making your Freedom of Information Act Request.
All Freedom of Information requests to the City of Chicago departments can be made online at chicago.gov/publicrecords and must include the following information:
You can find a neatly compiled listing of Illinois Agencies and their respective contacts on the Illinois.gov website. The list conveniently includes e-mails and physical addresses.
A request can be made from any agency record. However, you must be very specific about what kind of documents you seek and what kind of format you would like to receive them. An agency does not need to create new records, research or analyze its records, or answer questions when responding to the requests. A FOIA request is a request for document production and that is it.
Requests that are too broad may be denied. For example, requesting video footage for a week is an unreasonably broad request that would result in a huge video file and would most likely be denied.
You cannot request records that do not belong to the agency itself. You also cannot request personal requests or to physically inspect artifacts or samples. Additional exemptions to FOIA requests are trade secrets, internal agency rules, matters classified due to national security concerns, or those explicitly exempted by statute. Personally identifiable data, like a social security number for example, will also not be included in the data that is released in a FOIA request.
If a request is made to a federal agency, the request must be granted or denied within twenty business days. If a delay is expected, the agency will inform you in writing and explain why it needs an extension. The extension is to not exceed ten business days beyond the original twenty.
In Illinois, the Agency will respond to the request within five business days or twenty-one days if it is a commercial request as defined by FOIA.
There is a nominal charge for black and white copying that is $.15 per page if the total number of pages is more than fifty. Color copies or oversized copies may result in increased charges. If there is any fee to be paid, the agency will inform you in writing.
Yes. If the custodian of public the records at the agency determines an exemption (see above) applies or that there are no records that correlate to your request, your request will be denied in writing.
In Illinois, 5 ILCS 140/3.5 section 9.5 answers that question. If you disagree with the Agency’s reasoning of its denial, you can file a request for review in writing to the Public Access Coordinator in the Office of the Attorney General. This must be done no later than sixty days after the denial. Your request must be signed by you and include a summary of the arguments supporting your position. A person may also file a lawsuit in your local circuit court for injunctive and/or declaratory relief.