News & Analysis as of September 19, 2024

Freedom of Information Act › Public Records › 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

Department of Justice Issues New Guidance on Definition of "Confidential" under FOIA Exemption 4

Holland & Hart LLP on 10/24/2019

The Department of Justice (“DOJ”) recently issued guidance defining the types of information that qualify as “confidential” under Exemption 4 of the Freedom of Information Act (“FOIA”). This guidance follows the Supreme...more

Department of Justice Issues New Guidance on Exemption 4 to the Freedom of Information Act

Pillsbury Winthrop Shaw Pittman LLP on 10/21/2019

On Oct. 4, 2019, the DOJ issued guidance for determining whether commercial or financial information provided by a person or company is “confidential” under FOIA Exemption 4. When preparing reverse-FOIA submissions, a...more

On the Cutting Edge of the Arkansas Freedom of Information Act: 2019 Legislative Changes and Updates

Mitchell, Williams, Selig, Gates & Woodyard,... on 8/21/2019

As is the case seemingly anytime that the General Assembly is called to session, this year they made some notable changes to the Arkansas Freedom of Information Act. Several of those changes went into effect last month, and...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

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

We Really Mean It This Time: Recently Enacted FOIA Improvement Act of 2016 Mandates

BCLP on 7/26/2016

On June 13, Congress passed the FOIA Improvement Act of 2016, and President Obama signed the bill into law on June 30, nearly 50 years after the original Freedom of Information Act (“FOIA”) was first enacted. The new law was...more

Internal Investigative Reports That Lead to Discipline Are Not Exempt Adjudicatory Records under FOIA

Franczek P.C. on 4/27/2016

An Illinois Appellate Court has further limited the public records that a public body can withhold from disclosure under Section 7(1)(n) of the Freedom of Information Act, which exempts “records relating to a public body’s...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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