Illinois Freedom of Information Act Request

ILLINOIS FREEDOM OF INFORMATION ACT REQUEST

(5 ILCS 140)

PRACTITIONER NOTES

1. Direct a written request to the public body, preferably to its Freedom of Information officer. A public body may not require its standard form or demand the requester's purpose except to determine commercial purpose or fee-waiver eligibility. 5 ILCS 140/3(c).
2. Effective January 1, 2026, the entire text of an electronic request must appear in the body of the electronic submission. A public body need not open an attachment or hyperlink to obtain request details and must notify the requester within five business days if resubmission is needed. Do not attach the operative request to an otherwise empty email.
3. An ordinary, noncommercial request must be granted or denied within five business days after receipt. A qualifying written extension may add no more than five business days from the original due date. Commercial, recurrent-requester, and voluminous-request rules have different periods. 5 ILCS 140/3(d)-(i).
4. If a public body misses the applicable ordinary or extended response period and later provides copies, it may not charge for those copies and may not treat the request as unduly burdensome. 5 ILCS 140/3(d), (f).
5. Under the 2026 person-verification rule, a public body with a reasonable belief that a request was not submitted by a person may seek oral or written verification within five business days. It may not require personal, private, or identifying information for that verification. The response period is tolled until verification, and failure to verify within thirty days permits denial. 5 ILCS 140/3(j).
6. Electronic records must be furnished in the format requested if feasible; otherwise, in the format maintained by the public body or in paper, at the requester's option. For a noncommercial, nonvoluminous request, the body generally may not charge search, review, or personnel costs. 5 ILCS 140/6(a).
7. The first fifty pages of black-and-white, letter- or legal-size copies are free; later pages may cost no more than $0.15 each. Color and unusual-size copies may be charged at actual cost. Certification may cost no more than $1. 5 ILCS 140/6(b).
8. Public Access Counselor review is generally optional and must be requested within sixty days after final denial. Commercial-purpose requesters cannot seek ordinary PAC review, except to challenge the commercial classification. Direct circuit-court relief is also available. 5 ILCS 140/9.5, 11.
9. A request is not a contract. Delete unused bracketed instructions and do not add warranties, covenants, defaults, cure periods, indemnities, force majeure, arbitration clauses, jury waivers, assignment restrictions, integration clauses, or execution formalities.

REQUEST LETTER

[FOR AN ELECTRONIC REQUEST, PLACE THIS ENTIRE LETTER IN THE MESSAGE BODY. DO NOT USE AN ATTACHMENT OR HYPERLINK FOR OPERATIVE DETAILS.]

Date: [DATE]

Method: [EMAIL BODY / MAIL / FACSIMILE / PORTAL / HAND DELIVERY]

To:
[FOIA OFFICER]
[PUBLIC BODY]
[OFFICE OR DIVISION]
[ADDRESS / EMAIL / FACSIMILE / PORTAL]

From:
[REQUESTER NAME]
[TITLE / ORGANIZATION, IF ANY]
[MAILING ADDRESS]
[EMAIL]
[TELEPHONE]

Re: Illinois FOIA Request — [SUBJECT]

Dear FOIA Officer:

Under the Illinois Freedom of Information Act, 5 ILCS 140, I request inspection and/or copies of the following public records.

1. Records Requested

1. [DESCRIBE THE FIRST RECORD OR DISCRETE RECORD SET.]
2. [DESCRIBE THE SECOND RECORD OR DISCRETE RECORD SET.]
3. [ADD ADDITIONAL ITEMIZED REQUESTS.]

Date range: [START DATE] through [END DATE]

Relevant office, official, employee, contractor, project, contract, incident, matter, or file number: [DETAILS]

Helpful custodians, email addresses, search terms, databases, or data fields: [DETAILS]

If clarification would materially assist the search or permit a narrower request, please contact me at [EMAIL / TELEPHONE].

2. Purpose Classification

[SELECT AND RETAIN ONLY THE ACCURATE STATEMENT.]

• ☐ This request is not for a commercial purpose as defined in 5 ILCS 140/2(c-10).
• ☐ This request is for a commercial purpose as defined in 5 ILCS 140/2(c-10). Its purpose is [DESCRIBE].

[OPTIONAL, IF ACCURATE: I am requesting these records as [NEWS MEDIA / NONPROFIT / SCIENTIFIC ORGANIZATION / ACADEMIC ORGANIZATION] principally to [DESCRIBE NEWS, RESEARCH, OR EDUCATIONAL PURPOSE].]

3. Inspection, Format, and Delivery

I request:

• ☐ inspection of the records;
• ☐ electronic copies in this format: [FORMAT];
• ☐ electronic copies in the format maintained by the public body if the requested format is infeasible;
• ☐ paper copies;
• ☐ certified copies; or
• ☐ another available method: [METHOD].

Preferred delivery or inspection method: [EMAIL / SECURE LINK / PORTAL / APPOINTMENT / MAIL / PICKUP].

Please apply 5 ILCS 140/6(a) to electronic records. If the requested format is infeasible, please identify the maintained format before producing paper copies or incurring avoidable cost.

4. Fees

I authorize lawful fees up to $[AMOUNT]. Please provide an estimate and obtain my written approval before exceeding that amount.

For a noncommercial, nonvoluminous request, please do not charge search, review, or personnel costs. For paper copies, please apply the first-fifty-page allowance and other limits in 5 ILCS 140/6(b). If the public body misses the response period and later provides copies, please apply the no-fee rule in 5 ILCS 140/3(d) or (f), as applicable.

5. Optional Fee-Waiver or Reduction Request

[DELETE THIS SECTION IF NO WAIVER OR REDUCTION IS REQUESTED.]

I request that the records be furnished without charge or at a reduced charge under 5 ILCS 140/6(c). The specific purpose of this request is [PURPOSE]. A waiver or reduction is in the public interest because:

1. the principal purpose is to access and disseminate information regarding the health, safety, welfare, or legal rights of the general public, specifically [FACT-SPECIFIC EXPLANATION]; and
2. the principal purpose is not personal or commercial benefit, specifically [FACT-SPECIFIC EXPLANATION].

Planned dissemination: [PUBLICATION / WEBSITE / REPORT / REPOSITORY / BROADCAST / OTHER METHOD AND EXPECTED AUDIENCE].

[OPTIONAL NEWS-MEDIA STATEMENT: I qualify as news media, and the principal purpose is to access and disseminate information regarding the health, safety, welfare, or legal rights of the general public.]

6. Response, Redaction, and Denial Notice

Unless a special statutory track applies, please comply with or deny this request within five business days under 5 ILCS 140/3(d). If an extension is necessary under § 3(e), please provide timely written notice stating the statutory reason and the date by which the response will be forthcoming.

If exempt information appears within a responsive record, please redact that information and disclose the remaining information under 5 ILCS 140/7(1).

If the public body denies all or part of the request, please provide the written notice required by 5 ILCS 140/9, including:

1. the reasons for denial and a detailed factual basis for each exemption;
2. the specific exemption and supporting legal authority;
3. the names and titles or positions of each person responsible for the denial;
4. notice of the right to review by the Public Access Counselor with contact information; and
5. notice of the right to judicial review under Section 11.

If records are available online, please provide a direct location where they can reasonably be accessed. If I cannot reasonably access them there, I understand that I may resubmit the request under 5 ILCS 140/8.5(b).

Thank you for your assistance.

Respectfully,

__________________________________
[REQUESTER NAME]
[TITLE / ORGANIZATION, IF ANY]
[DATE]

POST-SUBMISSION AND ENFORCEMENT NOTES

• Preserve receipt: Keep the complete request body, transmission record, proof of receipt, extension notice, fee communications, production, and denial notice.
• Special tracks: Commercial-purpose, recurrent-requester, and voluminous requests follow Sections 3.1, 3.2, and 3.6 rather than the ordinary five-business-day period. Review the classification and applicable response schedule before alleging delay.
• Unduly burdensome response: Before denying a categorical request as unduly burdensome, the public body must offer an opportunity to confer about reducing it to manageable proportions. 5 ILCS 140/3(g).
• Optional PAC review: A signed written request for review generally must be filed within sixty days after final denial and include the original request and the public body's responses. PAC review is unavailable for General Assembly denials and is limited for commercial-purpose requests. 5 ILCS 140/9.5(a), (b).
• Direct court action: Section 11 permits suit for injunctive or declaratory relief. The court reviews the matter de novo, and the public body must prove an exemption by clear and convincing evidence.
• Fees and penalties: A prevailing requester is entitled to reasonable attorney fees and costs under § 11(i). A willful and intentional failure to comply or other bad faith requires a civil penalty of $2,500 to $5,000 per occurrence, with a possible additional daily penalty under § 11(j).
• Get legal advice: Commercial classification, special requester tracks, PAC strategy, venue, exemptions, and remedies are fact-sensitive. Consult Illinois counsel promptly after a denial.

CURRENT OFFICIAL SOURCES

• Illinois General Assembly — current Freedom of Information Act
• Illinois General Assembly — printer-friendly current FOIA text