News & Analysis as of September 19, 2024

Freedom of Information Act › Public Access Laws › Exemptions

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The Freedom of Information Act is a United States federal statute enacted in 1966 to promote government transparency and the free exchange of public information. Under FOIA, any individual can request federal... more +

The Freedom of Information Act is a United States federal statute enacted in 1966 to promote government transparency and the free exchange of public information. Under FOIA, any individual can request federal agency records and enforce that right in a court of law. However, not all agency records can be requested; there are nine exempt categories of information. In addition to the federal law, many states have passed their own freedom of information acts. These acts are often similar but not always identical to the federal version. less -

PAC Issues Two New Binding Opinions Concerning FOIA

Franczek P.C. on 8/12/2022

The Illinois Public Access Counselor (PAC) recently issued two new binding opinions concerning the FOIA—one upholding a public body’s denial of a FOIA request for union records and another finding application materials for...more

PAC Issues New Binding Opinion Regarding Personal and Pre-Decisional Exemptions Under FOIA

Franczek P.C. on 4/20/2022

The PAC recently released its second binding opinion of 2022, which provides helpful analysis and guidance regarding the personal and pre-decisional exemptions under the FOIA. The PAC determined that the City of Chicago...more

Illinois PAC Rejects FOIA Exemption for Communications with an Interested Third Party

Franczek P.C. on 6/25/2021

The Illinois Attorney General’s Public Access Counselor recently issued a binding opinion holding that the Illinois Freedom of Information Act exemption for predecisional records does not apply to communications from a public...more

New Binding Opinion on Scope of FOIA for Third Parties and Proprietary Information

Franczek P.C. on 8/18/2020

In a rare binding opinion, the Illinois Attorney General’s Public Access Counselor (PAC) opined that certain information in the sole possession of a vendor that had contracted with the Illinois Department of Corrections...more

With FOIA, Redacting Student Names Will Not Always Protect Student Privacy

Franczek P.C. on 2/4/2020

A recent informal Illinois Attorney General Public Access Counselor decision interpreting the Freedom of Information Act is an important reminder that redacting student names from public records is not always sufficient to...more

Court Orders Governor’s Office to Turn over FOIA Policy

Franczek P.C. on 10/31/2018

A recent Cook County court decision addressed a Freedom of Information Act (“FOIA”) request to Governor Bruce Rauner’s office, and shed some light on what “final” means for purposes of the “preliminary records” FOIA...more

Records Containing Only Facts Are Not Subject to Section 7(1)(f) Predecisional Exemption

Franczek P.C. on 7/17/2018

Recently, an Illinois Court of Appeals issued a decision mandating disclosure of assessment records from the Cook County Assessor’s Office to the Chicago Tribune under the Illinois Freedom of Information Act (“FOIA”)....more

Illinois Attorney General’s Public Access Counselor Issues Binding Opinions Regarding FOIA Exemptions

Franczek P.C. on 6/30/2017

The Public Access Counselor (PAC) of the Illinois Attorney General’s office recently issued two binding opinions addressing the Freedom of Information Act (FOIA). Specifically, the opinions found two public bodies in...more

Balancing The Burdens Of Transparency In The Illinois Freedom Of Information Act

Franczek P.C. on 2/6/2013

A recent Chicago Tribune editorial, “The burden of transparency” asks a provocative question: does the unduly burdensome exemption in the Illinois Freedom of Information Act (FOIA) allow an unfair loophole for public bodies...more

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