TIPS ON USING THE NEW FREEDOM OF INFORMATION ACT
The Illinois Freedom of Information Act (FOIA) is an Illinois state statute designed to provide Illinois residents the right to access government documents and records. Everyone has the right to file a FOIA request to any state or local entity, including any city, township, village or county office. On January 1, 2010, the Illinois legislature strengthened FOIA to provide the public with increased access to government information.
In contrast to the previous version of the statute, which gave government entities seven business days to respond to a request, now governments must respond to requests within 5 business days after receiving any request. If the entity fails to respond to a request, their inaction is considered a denial. Thereafter, the person making the request can either file a Request for Review with the Attorney General or file a case in court. The Attorney General's Public Access Counsel will review rejected FOIA requests and issue rulings in FOIA disputes.
Additional changes to FOIA give courts the authority to impose fines of $2,500 to $5,000 on government entities that "willfully and intentionally" violate the statute. Also, the fee for FOIA requests has been regulated: government bodies must provide the first 50 black-and-white pages of a response free of charge and additional pages cannot cost more than 15 cents per page. Although governments may charge more for color or oversized copies, they cannot price them beyond the cost of production.
For additional questions regarding how to make a FOIA request, visit the Illinois Attorney General's website.
