News & Analysis as of September 23, 2024

Freedom of Information Act › Exemptions › Request For Information

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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

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

The FOIA “Five” – After 50 Years, Changes in the Freedom of Information Act That (Might) Matter

K&L Gates LLP on 8/16/2016

The Freedom of Information Act (FOIA), passed by Congress and signed into law in 1966, “established a policy of openness toward information within the control of the Executive Branch, and a presumption that such records...more

DoD's Updated FOIA Program and Exemption 4 Guidance

Perkins Coie on 10/15/2014

On September 3, 2014, the Department of Defense (DoD) issued a proposed rule updating its policies and procedures implementing the Freedom of Information Act (FOIA), including FOIA Exemption 4. FOIA Exemption 4 exempts from...more

Illinois Appellate Court Decision Clarifies Waiver Of The FOIA Predecisional Materials Exemption

Franczek P.C. on 7/25/2013

The Appellate Court of Illinois (First District) recently issued an opinion clarifying how a public body can waive the Freedom of Information Act protection for predecisional records....more

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