FOIA section 3(g)
FOIAUnduly burdensome categorical request
5 ILCS 140/3(g). Unduly burdensome categorical request (may be denied if it can't be narrowed and the burden outweighs the public interest)
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27 issues across 26 determination letters:8 violation found · 15 no violation · 4 no determination / resolved.
Counts are per issue, not per letter, and come from automated extraction checked against sampled letters. Determination letters are not binding precedent.
Authorities the Bureau cites most on this issue
- Sargent Shriver National Center on Poverty Law, Inc. v. Board of Education of City of Chicago, 2018 IL App (1st) 171846 cited 7 times
- National Ass'n of Criminal Defense Lawyers v. Chicago Police Department, 399 Ill. App. 3d 1, 17 (2010) cited 4 times
- National Ass'n of Criminal Defense Lawyers v. Chicago Police Department, 399 Ill. App. 3d 1 (2010) cited 2 times
- Ill. Att'y Gen. PAC Req. Rev. Ltr. 20002 cited 2 times
- Ill. Att'y Gen. PAC Req. Rev. Ltr. 21102 cited 2 times
- Emails about a former library branch property (Pub. Acc. Op. No. 23-007) cited 2 times
- Kelly v. Village of Kenilworth, 2019 IL App (1st) 170780, ¶¶ 42-49 cited 2 times
- Kenyon v. Garrels, 184 Ill. App. 3d 28 (4th Dist. 1989) cited 1 times
How to challenge a denial on this issue
AI-generated summary of the decisions listed on this page, with each point linked to the letters it comes from. Determination letters are not binding precedent and this is not legal advice. Open the letter and check the PDF before relying on any point.
When a challenge is strong
- The public body denied your request as unduly burdensome without first giving you any chance to discuss narrowing it. The Bureau found that a public body must offer an opportunity to narrow the request before denying a categorical request as unduly burdensome (D1074.2).Based on: n.d. · Police reports, body camera foota…
- The denial letter lacks specifics like the number of responsive records, estimated hours, or an explanation of why the burden outweighs the public interest. The Bureau has required that a public body specify reasons and the extent of the burden, including estimates of responsive records and time, to show the burden outweighs the public interest (D1101.1).Based on: n.d. · A state police incident report
- The public body is trying to add up requests from several different people to claim the total burden is too high. The Bureau has said that a public body cannot aggregate related requests from multiple requesters to justify an undue burden; it must evaluate the individual request (D907.1).Based on: n.d. · Emails between a finance director…
- The public body missed the FOIA response deadline (or the extended deadline) before claiming the request is unduly burdensome. A public body that fails to respond within the time periods waives the right to deny the request as unduly burdensome (D903.1).Based on: n.d. · Communications and performance re… · n.d. · Campus safety incident reports an…
When the public body usually wins
- You are asking for records that you have already received before, or that were properly denied to you earlier. The Bureau treats a request seeking identical records previously provided or properly denied as an unduly burdensome repeated request (D1499.1, D967.1).Based on: 2026 · A school district's insurance pol… · n.d. · An employee roster and job titles… · n.d. · A forensic interview report in a …
- You file a broad request for 'all records' over many months or years without linking it to a significant public interest. The Bureau has found that such categorical requests are unduly burdensome when the public interest does not outweigh the compliance burden and no meaningful narrowing is possible (D1083.1, D886.1).Based on: n.d. · Grants, youth programs, and staff… · n.d. · A village official's electronic c… · n.d. · A city's email correspondence wit…
- The public body offered you one good-faith opportunity to narrow the request and you refused or did not narrow it sufficiently. The Bureau has said that one opportunity to confer satisfies FOIA, and a good-faith chance to consult is enough; a second opportunity is not required after you amend (D1012.2, D1014.1).Based on: n.d. · A city's email correspondence wit… · n.d. · Records about removal of homeless…
- You and a colleague from the same organization submit similar requests for the same records. The Bureau treats individuals acting in their capacities for the same entity as the same 'person' for repeated requests, so a successive request from either may be unduly burdensome (D879.1, D991.2).Based on: n.d. · Sheriff's office denial of a repe… · n.d. · Legal invoices and attorney summa…
- The public body can show that no responsive records exist. Where no responsive records exist, the denial does not violate FOIA (D865.1).Based on: n.d. · Investigation reports and complai…
Points to put in your letter
- If the denial letter does not include an estimate of the number of responsive records or the time it would take to review them, argue that the public body failed to provide the required specifics under D1101.1.Based on: n.d. · A state police incident report
- If you were never offered a chance to discuss making the request narrower before it was denied as unduly burdensome, point out that the body must give you an opportunity to narrow (D1074.2).Based on: n.d. · Police reports, body camera foota…
- If the public body tries to combine your request with requests from other people to claim the burden is too high, object that it cannot aggregate requests from multiple requesters (D907.1).Based on: n.d. · Emails between a finance director…
- If the body missed the deadline to respond, state that it has waived the right to claim the request is unduly burdensome (D903.1).Based on: n.d. · Communications and performance re…
- If the body insists you must provide specific employee names, email addresses, or keywords to search, remind them that the requester does not have to identify search parameters (D989.1).Based on: n.d. · Communications about maintenance …
Common mistakes
- Thinking that the public body must hold a formal in-person meeting to confer; a phone call or letter offering to discuss narrowing can satisfy FOIA (D1014.1).Based on: n.d. · Records about removal of homeless…
- Assuming that a denial as unduly burdensome is final and cannot be challenged; the Bureau will review whether the body provided specific evidence of the burden (D1101.1).Based on: n.d. · A state police incident report
- Refusing to narrow your request when the body gives you a good-faith opportunity to do so; if you don't cooperate, the denial may be upheld (D1012.2, D1083.1).Based on: n.d. · A city's email correspondence wit… · n.d. · Grants, youth programs, and staff…
- Forgetting to check if you already have the records you're asking for; a repeated request for identical records will almost always be found unduly burdensome (D1499.1, D967.1).Based on: 2026 · A school district's insurance pol… · n.d. · An employee roster and job titles…
- Believing that separate requesters from the same organization are always treated as different 'persons' for repeated requests; they may be counted as the same person (D879.1).Based on: n.d. · Sheriff's office denial of a repe…
Facts to gather first
- The date you submitted your FOIA request and the date the public body responded (or if no response was sent).
- Whether the denial letter mentions the number of records likely to be responsive, the estimated hours of work, or describes the burden in detail.
- Whether you or your organization previously received the same records, and the date and identity of the prior requester.
- Whether the public body offered you any chance to discuss narrowing the request (and if so, what you did in response).
- If the body claims repeated request, which requesters are involved and their relationship to you.
These notes are based on non-binding determination letters; outcomes depend on specific facts, and you should review the full PDF of any cited decision.
Drafting brief for an AI assistant
Copy this into your assistant to help draft a request, appeal, or challenge to a denial that turns on this issue. It carries the rules and decisions, not your facts: add those yourself. Machine-readable version: foia-3-g.json.
Violation found (8)
ISP improperly denied FOIA request as unduly burdensome
Rule: A public body claiming an unduly burdensome exemption must specify reasons and extent of burden, including estimates of responsive records and time, to show burden outweighs public interest.
Violation found A state police incident report · January 24, 2025
Section 3(g) undue burden denial
Rule: The body failed to show that reviewing thirteen pages of toll data would unduly burden its operations or outweigh the public interest.
Violation found I-Pass transponder and license plate data for an individual · December 31, 2024
Unduly burdensome request under section 3(g)
Rule: A public body may deny a categorical request as unduly burdensome if it first offers the requester an opportunity to narrow the request and shows the burden outweighs the public interest.
Violation found Police reports, body camera footage, and 911 recordings of a shooting · September 5, 2024
Denial as unduly burdensome under section 3(g)
Rule: A public body must show by clear and convincing evidence that the burden of compliance outweighs the public interest in disclosure.
Violation found Emails between police officials about traffic stops · March 8, 2023
Requiring requester to identify email accounts and search parameters
Rule: A requester need not identify specific employees, email addresses, or keywords; the public body must devise its own reasonable search parameters.
Violation found Communications about maintenance agreements for plantings · October 5, 2023
Incident reports unduly burdensome denial
Rule: A public body that fails to respond within the time periods in section 3(d) may not treat the request as unduly burdensome.
Violation found Campus safety incident reports and crime logs · June 4, 2019
Unduly burdensome denial of FOIA request
Rule: A public body cannot aggregate related requests from multiple requesters to show an undue burden; it must demonstrate the burden of the individual request outweighs the public interest.
Violation found Emails between a finance director and a village administrator · November 18, 2020
Untimely denial of request as unduly burdensome
Rule: A public body that fails to respond within the extended time waives the right to deny a request as unduly burdensome.
Violation found Communications and performance reports on mental health centers · April 1, 2019
No violation (15)
Whether December 9 request was unduly burdensome repeated request
Rule: A request is an unduly burdensome repeated request if it seeks the same records that were unchanged or identical to records previously provided or properly denied.
No violation A school district's insurance policies and related records · April 2, 2026
Denial of FOIA request as unduly burdensome
Rule: A public body may deny an entire request as unduly burdensome if one or more parts of the request is unduly burdensome, and it need not consider a series of alternative requests.
No violation A mayor's personal cell phone texts about township business · March 11, 2025
Unduly burdensome denial of categorical FOIA request
Rule: A categorical request is unduly burdensome when compliance would impose a significant burden, no narrowing is possible, and the public interest does not outweigh the burden.
No violation Grants, youth programs, and staffing records · October 21, 2024
Village properly treated overlapping records as repeated request
Rule: A public body may treat as unduly burdensome those portions of a request seeking the same records previously provided to the requester, while responding to the remaining portions.
No violation Ten years of communications with a developer · April 26, 2024
Whether Mayor's Office violated section 3(g) by failing to provide opportunity to confer
Rule: A public body satisfies section 3(g) by offering a good-faith opportunity to confer, which may be a chance to consult rather than a scheduled conference.
No violation Records about removal of homeless individuals from an airport · October 10, 2023
Denial as unduly burdensome repeated request
Rule: A public body may deny a repeated request for identical records previously provided or properly denied as unduly burdensome.
No violation A forensic interview report in a child sexual abuse investigation · October 5, 2023
Opportunity to confer before denial
Rule: FOIA does not require a public body to offer a second opportunity to confer after a requester amends a request; one opportunity suffices.
No violation A city's email correspondence with union addresses · May 23, 2024
Undue burden of amended request
Rule: A categorical request for all records over an extended period is unduly burdensome if the public interest in disclosure does not outweigh the burden of compliance.
No violation A city's email correspondence with union addresses · May 23, 2024
Denial as unduly burdensome repeated request under section 3(g)
Rule: A request is an unduly burdensome repeated request if the same person was previously provided the same records or properly denied a prior unchanged request; individuals acting as a group qualify as a person.
No violation Legal invoices and attorney summaries · October 19, 2022
Denial of repeated FOIA request as unduly burdensome
Rule: A request is unduly burdensome under section 3(g) if the same person previously received identical records or had a prior unchanged request properly denied.
No violation An employee roster and job titles for an office location · March 25, 2022
Section 3(g) repeated request denial
Rule: A public body may deny as unduly burdensome repeated requests for the same records that were previously properly denied under FOIA.
No violation A city's bid proposal for a corporate headquarters · March 29, 2018
Unduly burdensome categorical request for 38 months of calendars
Rule: A categorical request over an extended period requiring review of a vast quantity of records is unduly burdensome when no public interest outweighs the burden and the body offered to narrow it.
No violation A village official's electronic calendar appointments · November 17, 2016
Whether Kraft and Allen are same person under section 3(g)
Rule: Two individuals who belong to the same entity and submit FOIA requests in their capacities with the entity qualify as the same person under FOIA.
No violation Sheriff's office denial of a repeated FOIA request · August 28, 2019
Denial of categorical request as unduly burdensome
Rule: A broad categorical request covering an indefinite time period and vast records is unduly burdensome when the public interest in all responsive records does not outweigh the burden of compliance.
No violation Records concerning fourteen specific properties · July 26, 2016
Whether District improperly denied requests for previous complaints and investigation reports
Rule: A public body need not create or interpret records; where no responsive records exist, its denial does not violate FOIA.
No violation Investigation reports and complaints referenced in a prior communication · February 8, 2017
No determination / resolved (4)
Whether FOIA request is unduly burdensome under section 3(g)
Rule: A categorical request is unduly burdensome if it is overly broad, not narrowly targeted to a significant public interest, and the burden outweighs the public interest; the body must offer to confer to narrow the request.
No determination / resolved School district policies, employment records, and investigative documents · January 5, 2026
Undue burden demonstration
Rule: The public body did not treat the request as unduly burdensome, so no undue burden demonstration was required.
No determination / resolved Aggregation of multiple FOIA requests as voluminous · March 3, 2025
Unduly burdensome repeated request under section 3(g)
Rule: Because the section 8.5 denial was proper, the office did not need to address the Village's section 3(g) unduly burdensome assertion.
No determination / resolved A recorded village board meeting video · June 24, 2024
Section 3(g) repeated request denial
Rule: The Bureau did not address whether the Village properly asserted section 3(g) because the underlying issue was resolved.
No determination / resolved Paper-only records requested in electronic format · August 16, 2019