For public-body FOIA officers

A practical checklist for answering an Illinois FOIA request, three template letters you can copy, and the patterns in which the Public Access Counselor (PAC) has found violations. Every statement cites the statute, or links to a decision on this site.

General information, not legal advice. Quotations are from 5 ILCS 140 as published on the statutes page (fetched September 6, 2026). Check the current text and consult your attorney on a particular request.

Response checklist

1. When the request arrives

• Forward it right away. "All requests for inspection and copying received by a public body shall immediately be forwarded to its Freedom of Information officer or designee" (section 3(c)).
• Log it. The FOIA officer is to "note the date the public body receives the written request," "compute the day on which the period for response will expire and make a notation of that date on the written request," keep a copy of the request and everything submitted with it, and "create a file for the retention of the original request, a copy of the response, a record of written communications with the requester, and a copy of other communications" (section 3.5(a)(1) to (4)).
• Check the form of the request. Requests must be in writing. A public body "may not require that a request be submitted on a standard form or require the requester to specify the purpose for a request, except to determine whether the records are requested for a commercial purpose or whether to grant a request for a fee waiver." Electronic requests "must appear in their entirety within the body of the electronic submission," and a body that receives one that would require opening links or attachments "shall, within 5 business days, notify the requester of the requirement" (section 3(c)).
• Verification of a requester, only in narrow cases. A body with "a reasonable belief that a request was not submitted by a person" may, within 5 business days, require the requester to verify that he or she is a person. The deadline is tolled until the requester verifies, and the body "may not require the requester to submit personal information, private information, or identifying information" for that purpose (section 3(j)).

2. Pick the right clock

• Ordinary request: 5 business days. "Each public body shall, promptly, either comply with or deny a request for public records within 5 business days after its receipt of the request, unless the time for response is properly extended under subsection (e)" (section 3(d)).
• Commercial purpose: 21 working days. The response must provide an estimate of time and fees, deny under an exemption, notify the requester the request is unduly burdensome and offer a chance to narrow it, or provide the records (section 3.1(a)).
• Recurrent requester. Within 5 business days, tell the requester the body is treating the request as a recurrent-requester request and why; an initial response is due "within 21 business days after receipt" (section 3.2(a), (b)). "Recurrent requester" is defined in section 2(g).
• Voluminous request. Respond within 5 business days, say that the body is treating the request as voluminous and why, and give the requester 10 business days to amend it (section 3.6(a), (b)). "Voluminous request" is defined in section 2(h).

3. Extensions

• Length and reasons. The time "may be extended by the public body for not more than 5 business days from the original due date" for one or more of seven listed reasons (section 3(e)). The first template letter below lists them.
• Notice. "When additional time is required for any of the above reasons, the public body shall, within 5 business days after receipt of the request, notify the person making the request of the reasons for the extension and the date by which the response will be forthcoming" (section 3(f)).
• Longer, by agreement. "The person making a request and the public body may agree in writing to extend the time for compliance for a period to be determined by the parties" (section 3(e)).
• If the deadline is missed. Failing to comply with, extend or deny a request within 5 business days "shall be considered a denial of the request." A body that responds late "may not impose a fee for such copies" and "may not treat the request as unduly burdensome under subsection (g)" (section 3(d)). The same fee and burden consequences follow if a body takes an extension and then misses it (section 3(f)). The requester is also "deemed to have exhausted his or her administrative remedies" (section 9(c)).

4. Deciding what to release

• Start from openness. "All records in the custody or possession of a public body are presumed to be open to inspection or copying." A body claiming an exemption "has the burden of proving by clear and convincing evidence that it is exempt" (section 1.2; see also section 11(f)).
• Redact; do not withhold the whole record. When a record contains exempt and non-exempt information, the body "may elect to redact the information that is exempt. The public body shall make the remaining information available for inspection and copying" (section 7(1)). Section 7 "does not authorize withholding of information or limit the availability of records to the public, except as stated in this Section or otherwise provided in this Act" (section 7(3)).
• Review the record itself. Several exemptions apply only "to the extent that" disclosure would cause a stated harm. Section 7(1)(d), for law-enforcement records, is the main example: it applies "but only to the extent that disclosure would" interfere with a pending proceeding or cause another listed harm. The test in that text is whether disclosure would cause one of the listed harms, not whether an investigation is open.
• Records held by contractors. A record in the possession of a party that has contracted to perform a governmental function for the body, if it "directly relates to the governmental function and is not otherwise exempt," is a public record of the body (section 7(2)).
• Records already online. A body "is not required to copy a public record that is published on the public body's website," but must tell the requester and "direct the requester to the website where the record can be reasonably accessed" (section 8.5(a)).
• Fees. Check section 6 before charging. For an ordinary request the body "may not charge the requester for the costs of any search for and review of the records" (section 6(a)), and "no fees shall be charged for the first 50 pages of black and white, letter or legal sized copies" (section 6(b)). A fee that is not consistent with section 6(a) and (b) is treated as a denial of access (section 6(d)). If the requester asks for a fee waiver and states the specific purpose, apply the public-interest test in section 6(c).

5. Before denying a request as "unduly burdensome"

• Offer to confer first. Under section 3(g) the body "shall extend to the person making the request an opportunity to confer with it in an attempt to reduce the request to manageable proportions" before invoking the ground. The ground is limited to "requests calling for all records falling within a category," and applies only where compliance would be unduly burdensome, "there is no way to narrow the request and the burden on the public body outweighs the public interest in the information."
• Put the reasons in writing. The response must specify "the reasons why it would be unduly burdensome and the extent to which compliance will so burden the operations of the public body," and it "shall be treated as a denial of the request" (section 3(g)).
• Missed deadlines cost you this ground. A body that fails to respond to a request, or takes an extension and then fails to respond, "may not treat the request as unduly burdensome under subsection (g)" (sections 3(d), 3(f)).
• The site's guide on requests called unduly burdensome and the section 3(g) hub collect PAC decisions on this point.

6. The written denial

• What section 9(a) requires. Written notice of "the decision to deny the request, the reasons for the denial, including a detailed factual basis for the application of any exemption claimed, and the names and titles or positions of each person responsible for the denial." It must also "inform such person of the right to review by the Public Access Counselor and provide the address and phone number for the Public Access Counselor," and of the right to judicial review under section 11.
• Extra for section 7 denials. The notice "shall specify the exemption claimed to authorize the denial and the specific reasons for the denial, including a detailed factual basis and a citation to supporting legal authority" (section 9(b)).
• Keep a public file. "Copies of all notices of denial shall be retained by each public body in a single central office file that is open to the public and indexed according to the type of exemption asserted and, to the extent feasible, according to the types of records requested" (section 9(b)).

7. If the requester goes to the PAC or to court

• PAC review. A requester has "not later than 60 days after the date of the final denial" to file (section 9.5(a)). The PAC forwards the request within 7 business days and specifies the records to furnish. "Within 7 business days after receipt of the request for review, the public body shall provide copies of records requested and shall otherwise fully cooperate with the Public Access Counselor." If a body does not furnish the records, "the Attorney General may issue a subpoena" (section 9.5(c)). The body "may, but is not required to, answer the allegations" within 7 business days (section 9.5(d)).
• After a binding opinion that finds a violation, the body "shall either take necessary action immediately to comply with the directive of the opinion or shall initiate administrative review under Section 11.5" (section 9.5(f)). A body that discloses records in accordance with an opinion "shall not be liable for penalties under this Act" (section 9.5(f)).
• The 35-day presumption. If a binding opinion has issued and the body neither files for administrative review nor complies within 35 days after service, a court presumes the body "willfully and intentionally failed to comply with this Act" for purposes of civil penalties. The body can rebut it by showing "a good faith effort to comply" and that compliance "was not possible within the 35-day time frame" (section 11.6).
• In court, a prevailing requester gets "reasonable attorney's fees and costs" (section 11(i)), and a willful and intentional violation or other bad faith carries a civil penalty (section 11(j)). Courts disagree about what a requester must show for a penalty. See going to court and the splits tracker. In NBC Subsidiary (WMAQ-TV) LLC v. Chicago Police Department, 2026 IL App (1st) 250575-U the circuit court found the department "relied on an internal policy of not releasing any records related to an open investigation" (¶ 22), and the First District held a finding that the violation was "deliberate and by design" enough to impose penalties (¶ 41). That order carries this notice: "This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1)."

Template letters

Copy a letter, replace every bracketed item with facts about the request in front of you, and delete the options that do not apply. The templates keep to what the sections above require. They do not decide whether an exemption applies. The Public Access Counselor's contact line in the denial letters is the one listed on the Attorney General's website; check it there before you send.

Public Access Counselor, Office of the Attorney General, 500 S. 2nd Street, Springfield, Illinois 62701 ·[email protected] · (877) 299-3642 (verified October 2026).

[Public body name]
[Date]

[Requester name]
[Requester email or mailing address]

Re: Freedom of Information Act request received [date received]: [short description]

Dear [Requester name]:

We received your request under the Illinois Freedom of Information Act (5 ILCS 140) on [date received]. As we understand it, you are asking for: [restate the records requested].

[USE THIS PARAGRAPH IF YOU ARE ONLY ACKNOWLEDGING]
We will respond by [date: 5 business days after receipt].

[USE THIS PARAGRAPH IF YOU ARE EXTENDING THE TIME (section 3(e) and (f))]
We are extending the time to respond by not more than 5 business days from the original due date of [original due date]. The reason or reasons for the extension are: [keep each that applies and delete the rest]

(i) the requested records are stored in whole or in part at other locations than the office having charge of the requested records;
(ii) the request requires the collection of a substantial number of specified records;
(iii) the request is couched in categorical terms and requires an extensive search for the records responsive to it;
(iv) the requested records have not been located in the course of routine search and additional efforts are being made to locate them;
(v) the requested records require examination and evaluation by personnel having the necessary competence and discretion to determine if they are exempt from disclosure under Section 7 of the Act or should be revealed only with appropriate deletions;
(vi) the request for records cannot be complied with by the public body within the time limits prescribed by subsection (d) of Section 3 without unduly burdening or interfering with the operations of the public body;
(vii) there is a need for consultation, which shall be conducted with all practicable speed, with another public body or among 2 or more components of a public body having a substantial interest in the determination or in the subject matter of the request.

[Facts that apply the reason(s) above to this request: for example, which office holds the records, or how many records must be collected.]

We will send our response on or before [date: no more than 5 business days after the original due date].

[OPTIONAL: LONGER PERIOD BY AGREEMENT]
If you would like to agree in writing to a different period for our response, please reply to confirm the period you agree to: [proposed period or date].

If you have questions about this request, please contact [FOIA officer name, title, phone, email].

Sincerely,
[FOIA officer name]
[Title]
[Public body name]

[Public body name]
[Date]

[Requester name]
[Requester email or mailing address]

Re: Denial of Freedom of Information Act request received [date received]: [short description]

Dear [Requester name]:

On [date received] we received your request for: [restate the records requested].

DECISION
Your request is denied [in full / in part] as to the following records: [identify each record or category of records that is being withheld].

REASONS FOR THE DENIAL (section 9(a) and (b))
For each record or category withheld:

1. Records: [describe the records without revealing exempt content]
   Exemption claimed: [5 ILCS 140/7(1)(__) or other section; name the exact subsection]
   Detailed factual basis: [explain the facts about THESE records that bring them within the exemption. Do not only repeat the words of the statute.]
   Supporting legal authority: [cite the statute and any PAC opinion or court decision relied on]

2. Records: [...]
   Exemption claimed: [...]
   Detailed factual basis: [...]
   Supporting legal authority: [...]

[INCLUDE ONLY IF THE GROUND IS THAT THE REQUEST IS UNDULY BURDENSOME (section 3(g))]
On [date], we offered you an opportunity to confer with us in an attempt to reduce your request to manageable proportions: [describe what was offered and what happened]. Complying with the request would be unduly burdensome for these reasons: [specific reasons]. The extent to which compliance would burden our operations is: [specific description]. [Explain why there is no way to narrow the request and why the burden outweighs the public interest in the information.]

NON-EXEMPT INFORMATION
We reviewed the records for information that is not exempt. [State what is being released with this letter, or explain why no portion can be released.]

PERSON(S) RESPONSIBLE FOR THIS DENIAL
[Name and title or position of each person responsible for the denial]

YOUR RIGHT TO REVIEW
You have the right to ask the Public Access Counselor in the Office of the Attorney General to review this denial. The Public Access Counselor's contact information is: Public Access Counselor, Office of the Attorney General, 500 S. 2nd Street, Springfield, Illinois 62701 · [email protected] · (877) 299-3642. A request for review must be filed not later than 60 days after the date of the final denial. It must be in writing, signed by you, and include a copy of your request and any responses from us (section 9.5(a)).

You also have the right to seek judicial review under Section 11 of the Act.

Sincerely,
[FOIA officer name]
[Title]
[Public body name]

[Public body name]
[Date]

[Requester name]
[Requester email or mailing address]

Re: Freedom of Information Act request received [date received]: records released with redactions

Dear [Requester name]:

On [date received] we received your request for: [restate the records requested].

RECORDS RELEASED
Attached are [number] pages or files: [list each record or file by name, date or description].

REDACTIONS
Some of these records contain information that is exempt from disclosure along with information that is not. As section 7(1) of the Act provides, we redacted the exempt information and are releasing the remaining information. Each redaction is marked on the record with the label shown below.

R-1
   Where: [page, file name or time stamp]
   What was redacted: [type of information, described without revealing it]
   Exemption claimed: [5 ILCS 140/7(1)(__) or other section; name the exact subsection]
   Detailed factual basis: [explain the facts that bring this information within the exemption]
   Supporting legal authority: [cite the statute and any PAC opinion or court decision relied on]

R-2
   Where: [...]
   What was redacted: [...]
   Exemption claimed: [...]
   Detailed factual basis: [...]
   Supporting legal authority: [...]

[INCLUDE ONLY IF ANY RECORD IS WITHHELD IN FULL]
RECORDS WITHHELD IN FULL
   Records: [description]
   Exemption claimed: [...]
   Detailed factual basis: [...]
   Supporting legal authority: [...]
   Why no portion can be released: [explain]

[INCLUDE ONLY IF ANY PART OF THE REQUEST HAS NO RESPONSIVE RECORDS]
NO RESPONSIVE RECORDS
   For [item of the request], we searched [offices, systems and date range] and located no responsive records.

FEES
[State any fee and how it was calculated under Section 6, or state that there is no charge.]

PERSON(S) RESPONSIBLE FOR THE REDACTIONS AND ANY WITHHOLDING
[Name and title or position of each person responsible]

YOUR RIGHT TO REVIEW
You have the right to ask the Public Access Counselor in the Office of the Attorney General to review the redactions and any withholding. The Public Access Counselor's contact information is: Public Access Counselor, Office of the Attorney General, 500 S. 2nd Street, Springfield, Illinois 62701 · [email protected] · (877) 299-3642. A request for review must be filed not later than 60 days after the date of the final denial. It must be in writing, signed by you, and include a copy of your request and any responses from us (section 9.5(a)).

You also have the right to seek judicial review under Section 11 of the Act.

Sincerely,
[FOIA officer name]
[Title]
[Public body name]

What the PAC has rejected

These are the 8 FOIA provisions with the most issues recorded as violation foundin this site's corpus of PAC opinions and determination letters, listed from the most issues to the fewest. Each heading links to the provision's page, where every decision is listed. The examples are the most recent decisions on that provision. The one-sentence summaries come from the issue records on each decision's page; read the decision itself before relying on one.

How the count works: one decision can contain several issues, and an issue is counted when its recorded outcome is "violation found" and the decision it comes from is itself a violation or partial violation; issues in decisions that found no violation or closed the matter are not counted. A letter that only gives procedural guidance is not used as an example. Provisions of the Open Meetings Act are left out.

Related

• When a request is denied and no response: the requester's side of the same steps.
• All exemptions and exceptions, with the decisions under each.
• Splits tracker for points where Illinois courts read the same FOIA provision differently.