Open Records

Illinois’s public records law is the Illinois Freedom of Information Act (FOIA), found at 5 ILCS 140/1 et seq. It establishes a legal presumption that all records held by a public body are open to inspection unless a specific exemption applies.

Who can request records

Anyone may request records – you’re not required to give your name (email requests are often submitted anonymously), and you don’t need to state that you’re making the request under FOIA or use the word “FOIA” at all. A public body can’t ask why you want the records.

What’s covered

Illinois FOIA covers records held by public bodies broadly, and digital communications – including text messages on personal devices used for public business – are explicitly treated as public records. The law is designed for inspecting or copying existing records, not for requiring an agency to answer questions or create new documents.

How to request

Requests should clearly describe the records sought and include your name (if you choose to provide it), preferred contact method, and mailing address. Most agencies have a designated FOIA Officer and many offer online submission forms.

Response timeline

Illinois requires a response within 5 business days of receipt for non-commercial requests. Agencies may extend this by an additional 5 business days in certain circumstances (extensive search required, voluminous records, etc.), for a maximum of 10 business days total in most cases. Requests made for a “commercial purpose” – defined narrowly and specifically not including requests from news media, nonprofits, or scientific/academic organizations – get a longer 21-business-day response window instead.

Fees

– The first 50 pages of standard black-and-white, letter- or legal-size copies are free. – Beyond 50 pages, the charge is $0.15 per page. – Color copies or unusual sizes are charged at actual reproduction cost. – For commercial requesters specifically, agencies may also charge up to $10/hour for staff time spent searching, retrieving, or reviewing/redacting records – but the first 8 hours are free even for commercial requests. – Requesters can ask for a fee waiver by including a specific statement explaining why disclosure serves the public interest (not just personal interest) – a boilerplate statement like “I request a waiver of all fees associated with this request” plus that explanation is the standard approach. – You have the right to choose either copies or in-person inspection.

Exemptions

Illinois FOIA’s exemptions are detailed in Section 7 of the Act, covering categories like certain law enforcement records, personal privacy information, and other statutorily protected categories.

If your request is denied

Illinois has a formal, accessible appeals path: the Illinois Attorney General’s Public Access Counselor (PAC) oversees compliance and can mandate release of records. A requester has 60 calendar days from the date of a final denial (or from when a response was due) to submit a Request for Review to the PAC. Financial penalties for noncompliance can run up to $5,000 per violation, and agencies that violate the law can also lose the right to charge copying fees for that request.

A note on terminology

Illinois’s law is officially the “Illinois Freedom of Information Act” (FOIA) – the same basic type of law that other states call an “Open Records Act,” “Public Records Law,” or (in South Carolina) “FOIA Laws.”