{
 "topic": "FOIA section 3(d)",
 "statute": "5 ILCS 140/3(d)",
 "family": "Responding to requests: deadlines, extensions, copies",
 "page": "https://illinoisfoia.org/issues/foia-3-d/",
 "note": "Determination letters are non-binding. Verify against the source PDF before citing.",
 "counts": {
  "violation_found": 4,
  "no_violation": 2,
  "no_determination": 0,
  "other": 0
 },
 "challenge_notes": {
  "generated_by": "AI summary of the decisions listed on this page; not legal advice; verify each decision against its PDF",
  "when_a_challenge_is_strong": [
   {
    "text": "The public body placed your request on an indefinite waitlist without a definite timeline or a proper extension under section 3(e).",
    "why": "Section 3(d) requires the public body to promptly comply with or deny a request within 5 business days, unless it properly extends the time. An indefinite waitlist does not satisfy this requirement.",
    "decisions": [
     {
      "title": "Police dashcam and body-camera footage of a traffic stop",
      "url": "https://illinoisfoia.org/opinions/letter-76612/#issue-2"
     }
    ]
   },
   {
    "text": "The public body failed to respond to your request within 5 business days and did not issue a proper extension under section 3(e).",
    "why": "Section 3(d) requires a public body to promptly comply with or deny a request within 5 business days, unless extended. A failure to do so violates the Act.",
    "decisions": [
     {
      "title": "A forensic interview report in a child sexual abuse investigation",
      "url": "https://illinoisfoia.org/opinions/letter-77159/#issue-4"
     }
    ]
   },
   {
    "text": "The public body missed the FOIA response deadline and then denied your request as unduly burdensome.",
    "why": "An untimely response waives the public body's ability to treat the request as unduly burdensome.",
    "decisions": [
     {
      "title": "Emails between police officials about traffic stops",
      "url": "https://illinoisfoia.org/opinions/letter-74214/#issue-1"
     }
    ]
   },
   {
    "text": "The public body missed the response deadline and later attempted to charge you a fee for copies.",
    "why": "A public body that fails to respond or extend within the required time may not impose a fee for copies later provided.",
    "decisions": [
     {
      "title": "In-car traffic stop video footage on DVD",
      "url": "https://illinoisfoia.org/opinions/letter-31244/#issue-1"
     }
    ]
   }
  ],
  "when_the_body_usually_wins": [
   {
    "text": "The public body issued its final response within an extended deadline and can provide evidence such as a transmittal email or FOIA management software log.",
    "why": "A timely final response within the extended deadline, supported by evidence, complies with the Act.",
    "decisions": [
     {
      "title": "A city's email correspondence with union addresses",
      "url": "https://illinoisfoia.org/opinions/letter-77078/#issue-1"
     }
    ]
   },
   {
    "text": "You indicated flexibility about the timeline for the response, and the public body relied on that flexibility.",
    "why": "A requester's expression of flexibility as to time extends the response deadline, making a later response timely.",
    "decisions": [
     {
      "title": "Documents about a city's property acquisition for a Dollar General store",
      "url": "https://illinoisfoia.org/opinions/letter-53612/#issue-2"
     }
    ]
   }
  ],
  "points_to_put_in_the_letter": [
   {
    "text": "If the public body placed your request on an indefinite waitlist, state that section 3(d) requires a response within 5 business days unless properly extended, and an indefinite waitlist is not a valid extension.",
    "why": "",
    "decisions": [
     {
      "title": "Police dashcam and body-camera footage of a traffic stop",
      "url": "https://illinoisfoia.org/opinions/letter-76612/#issue-2"
     }
    ]
   },
   {
    "text": "If the public body did not respond within 5 business days and did not extend the time, point out that the law requires prompt compliance or denial within that period.",
    "why": "",
    "decisions": [
     {
      "title": "A forensic interview report in a child sexual abuse investigation",
      "url": "https://illinoisfoia.org/opinions/letter-77159/#issue-4"
     }
    ]
   },
   {
    "text": "If the public body missed the deadline and then claimed your request was unduly burdensome, argue that the untimely response waives that objection.",
    "why": "",
    "decisions": [
     {
      "title": "Emails between police officials about traffic stops",
      "url": "https://illinoisfoia.org/opinions/letter-74214/#issue-1"
     }
    ]
   },
   {
    "text": "If the public body missed the deadline and later charged a fee, argue that the untimely response bars any copying fee.",
    "why": "",
    "decisions": [
     {
      "title": "In-car traffic stop video footage on DVD",
      "url": "https://illinoisfoia.org/opinions/letter-31244/#issue-1"
     }
    ]
   }
  ],
  "facts_to_gather": [
   "The date you submitted the FOIA request.",
   "The date of any response or the fact that no response was received within 5 business days.",
   "Any written communication from the public body about an extension, waitlist, or denial.",
   "Any statement you made indicating flexibility about the timeline.",
   "Any fee invoice or demand for copying costs."
  ],
  "common_mistakes": [
   {
    "text": "Assuming that an indefinite waitlist is a permissible way for a public body to handle a request.",
    "why": "",
    "decisions": [
     {
      "title": "Police dashcam and body-camera footage of a traffic stop",
      "url": "https://illinoisfoia.org/opinions/letter-76612/#issue-2"
     }
    ]
   },
   {
    "text": "Believing that a public body can still deny a request as unduly burdensome even if it missed the response deadline.",
    "why": "",
    "decisions": [
     {
      "title": "Emails between police officials about traffic stops",
      "url": "https://illinoisfoia.org/opinions/letter-74214/#issue-1"
     }
    ]
   },
   {
    "text": "Thinking that a public body can charge copying fees regardless of whether it met the response deadline.",
    "why": "",
    "decisions": [
     {
      "title": "In-car traffic stop video footage on DVD",
      "url": "https://illinoisfoia.org/opinions/letter-31244/#issue-1"
     }
    ]
   },
   {
    "text": "Not realizing that expressing flexibility about the timeline can extend the deadline and make a later response timely.",
    "why": "",
    "decisions": [
     {
      "title": "Documents about a city's property acquisition for a Dollar General store",
      "url": "https://illinoisfoia.org/opinions/letter-53612/#issue-2"
     }
    ]
   }
  ],
  "caution": "These notes are based on non-binding determination letters from the Public Access Bureau; outcomes depend on specific facts, and you should verify the full PDF of any cited decision."
 },
 "issues": [
  {
   "issue": "Improper response process for video requests under section 3(d)",
   "outcome": "violation_found",
   "rule": "Section 3(d) requires a public body to promptly comply with or deny a request within 5 business days, unless properly extended under section 3(e).",
   "decision": {
    "title": "A forensic interview report in a child sexual abuse investigation",
    "date": "2023-10-05",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-77159/"
   },
   "authorities": []
  },
  {
   "issue": "Timeliness of City's final response",
   "outcome": "no_violation",
   "rule": "The City issued a timely final response on May 1, 2023, within the extended deadline, as evidenced by the transmittal email and FOIA management software.",
   "decision": {
    "title": "A city's email correspondence with union addresses",
    "date": "2024-05-23",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-77078/"
   },
   "authorities": []
  },
  {
   "issue": "Indefinite waitlist extension for video recordings",
   "outcome": "violation_found",
   "rule": "A public body may not place a FOIA request on an indefinite waitlist; it must comply, deny, or obtain written consent for a longer extension.",
   "decision": {
    "title": "Police dashcam and body-camera footage of a traffic stop",
    "date": "2024-05-06",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-76612/"
   },
   "authorities": []
  },
  {
   "issue": "Untimely response waives unduly burdensome denial",
   "outcome": "violation_found",
   "rule": "A public body that fails to respond within the FOIA deadline may not treat the request as unduly burdensome.",
   "decision": {
    "title": "Emails between police officials about traffic stops",
    "date": "2023-03-08",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-74214/"
   },
   "authorities": [
    {
     "text": "Ill. Att'y Gen. Pub. Acc. Op. No. 14-007",
     "url": "https://illinoisfoia.org/opinions/2014-pac-29561/"
    }
   ]
  },
  {
   "issue": "Timeliness of City's response to FOIA request",
   "outcome": "no_violation",
   "rule": "A requester's expression of flexibility as to time extends the response deadline, making the public body's later response timely.",
   "decision": {
    "title": "Documents about a city's property acquisition for a Dollar General store",
    "date": "2019-01-08",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-53612/"
   },
   "authorities": [
    {
     "text": "Ill. Att'y Gen. PAC Req. Rev. Ltr. 171013",
     "url": null
    }
   ]
  },
  {
   "issue": "Untimely response bars copying fee",
   "outcome": "violation_found",
   "rule": "A public body that fails to respond or extend within the required time may not impose a fee for copies later provided.",
   "decision": {
    "title": "In-car traffic stop video footage on DVD",
    "date": "2018-02-21",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-31244/"
   },
   "authorities": []
  }
 ]
}