Illinois Freedom of Information Act

Every communicator on the Illinois campus should have some familiarity with the Illinois Freedom of Information Act (FOIA), although Public Affairs is the only office on campus authorized to respond to FOIA requests, even those filed in unit offices. FOIA requests should be forwarded to Public Affairs (304 Swanlund, 601 E. John St., Champaign, IL 61820, fax: 217-244-7124). Questions about FOIA should be directed to Jaclyn Banister at 333-5010.

This FAQs on the Illinois FOIA is not a thorough technical and legal explanation of the Act. The best source for that information is the Illinois Attorney General's Guide and the Act itself.

Frequently asked questions

What is the Illinois Freedom of Information Act?

The Illinois Freedom of Information Act (FOIA) provides public access to government documents and records. As a state institution, the University of Illinois is subject to the Illinois FOIA.

What should my office do when it receives a FOIA request?

Fax, e-mail, or mail a copy of the request to Public Affairs. Read through the request to become familiar with the documents and information that the requestor is seeking. Begin looking for documents that are responsive. Jaclyn Banister from Public Affairs will contact you to discuss the request and any documents you might have found.

How long do we have to respond to a FOIA request?

As soon as the request comes into Public Affairs, a search begins for any documents that are responsive to it. Within seven working days from receipt of a request by Public Affairs, a response must be issued either granting access to the documents, denying the request, or issuing an extension of an additional seven working days. This one-time extension is allowed, for due cause, within the Act.

What should I do with information and documents that respond to the request?

Send copies of the original documents (one-sided and paper-clipped, not stapled) to Public Affairs a few days in advance of the deadline, to allow time for review and consultation with university legal counsel to determine whether the documents are exempt from disclosure or must be released.

What if I have information that should not be released?

Share your concerns with Jaclyn Banister. She will work with legal counsel to determine if portions of or entire documents are exempt from release under the FOIA. Send copies of the documents without redactions (blacking-out of the sensitive material). Remember that the University of Illinois at Urbana-Champaign is a public institution and there is a presumption that public records are open to public viewing.

What if I cannot find a document that responds to the request?

Notify Public Affairs when you have searched and determined that the requested documents do not exist. Public Affairs will respond appropriately to the requestor.

How can a FOIA request be submitted to the University of Illinois at Urbana-Champaign?

Fill out the FOIA request form. Requests must include the requestor's name, contact information, and a description of the document that you are seeking. It must clearly state that you are requesting information under the Illinois Freedom of Information Act. You may submit your request by mail or in person to Public Affairs, 304 Swanlund, 601 E. John St., Champaign, IL 61820.

Is there a charge?

You may view the documents in Public Affairs without charge, or a copy may be obtained at the rate of twenty-five cents per page. If the documents are to be sent by United States mail, there is also a charge for postage. Printed copies of records will be provided only after payment is received by Public Affairs.

Who has the right to inspect public records?

The Act requires public bodies to make public records available "to any person."

What types of records are available to the public?

There is a presumption that citizens in a democracy are entitled to "full and complete information regarding the affairs of government and the official Acts and policies of those who represent them." The Act does, however, recognize that in order to enable public bodies to perform certain governmental functions properly and to protect personal privacy, some records and information need to be kept confidential.

Does the Act require the production of new documents?

As a general principle, public bodies are not required to create new records to respond to requests for information, if the body does not ordinarily maintain the requested information in record form.

What types of records are exempt from public inspection?

Public records that are exempt from inspection and copying include: information specifically prohibited from disclosure by federal and state law; files and personal information about students; personnel files and personal information about employees; test questions, scoring keys, and other academic examination data; information received by a college or university related to the evaluation of faculty members by their academic peers; course materials or research materials used by faculty members; and much more. A complete listing of exemptions can be found in Section 7 of the Act (look for "5ILCS 140/7").

What happens when a request is denied?

The public records officer (the Associate Chancellor for Public Affairs) will notify the requestor within seven working days or within the extended deadline. The notification will be in the form of a letter that explains the reasons for the denial.

Can denials be appealed?

Appeals of a university decision to redact information from, or deny access to, public records are submitted to the University of Illinois president, 364 Henry Administration Building, University of Illinois, 506 S. Wright St., Urbana, IL 61801.  

 

Please contact us if you have any questions.