Ensuring Open and Honest Government

Illinois Freedom of Information Act:
How can I get a public record from a government agency in Illinois?

Under the Act, a person can request public records either in person or in writing. The appeal procedure set out in the Act and the time limits placed on public bodies for responding to requests for records, however, are keyed to the submission of written requests. Furthermore, it may not be possible to fill an oral request while the requesting party waits. Therefore, it is recommended that when a request is made in person, the requesting person be asked to reduce that request to writing. This will facilitate the search for records and will avoid problems if the request is denied.

Other than the need for a written request, the Act does not specify the manner in which requests are to be made. A person can request a substantial number of specified records (subsection 3[d][i]), or make broad requests for all records falling within a category (subsection 3(f)). The request must, however, reasonably identify the records that have been requested. Kenyon v. Garrels (4th Dist. 1989), 184 Ill. App. 3d 28.

The Act does provide that a request for all public records within a category should not be "unduly burdensome." Under subsection 3(d)(vi) of the Act, if a burdensome categorical request is made, a public body may extend the time period within which to comply with the request. (Time limitations under the Act are discussed under question XIV.)

Under subsection 3(f), a public body need not comply with a categorical request if compliance "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." That subsection also provides that repeated requests for the same public records by the same person shall be deemed unduly burdensome. (See AFSCME v. County of Cook [1990], 136 Ill. 2d 334, wherein the supreme court suggested that repeated requests for the same records in different formats may be considered unduly burdensome.)

Before invoking this exception, however, the public body must give the requesting person an opportunity to reduce the request to manageable proportions. If a public body invokes this exception, it must do so in writing, explaining why the request is deemed to be unduly burdensome.

While the statute does not set out detailed requirements for requests, subsection 3(g) does authorize public bodies to promulgate rules and regulations pertaining to the availability of records and procedures to be followed in inspecting or acquiring copies of them. These rules and regulations can cover such areas as the time and place where records will be available, and the persons who will respond to requests for records.