FOIA section 6(a)
FOIA5 ILCS 140/6(a). Section 6 overview: Governs fees: electronic copies in the format requested if feasible; for a normal (non-commercial, non-voluminous) request, no charge for staff time spent searching for or reviewing records -- only actual reproduction costs, and even those are typically free for the first 50 pages of black-and-white copies.
12 issues across 11 determination letters:3 violation found · 7 no violation · 2 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 Determination letters are not binding precedent.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
- Ill. Att'y Gen. PAC Req. Rev. Ltr. 28697 cited 6 times
- Sage Information. Services v. Humm, 2012 IL App (5th) 110580, ¶ 18, 977 N. E. 2d 895, 900 (2012) cited 2 times
- Sage Information Services v. Suhr, 2014 IL App (2d) 130708, ¶¶ 17- 20, 10 N.E.3d 241, 245- 46 (2014) cited 2 times
- People v. Garcia, 241 Ill. 2d 416, 421 (2011) cited 2 times
- Hites v. Waubonsee Community College, 2016 IL App (2d) 150836 cited 1 times
- In-car traffic stop video footage on DVD (PAC Req. Rev. Ltr. 31244) 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 Determination letters are not binding precedent and this is not legal advice.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 charges a fee for providing electronic records that is higher than the actual cost of the recording medium, and no other statute expressly authorizes that fee. Section 6(a) of FOIA limits fees for electronic copies to the actual cost of the recording medium (e.g., a flash drive) unless another statute specifically says otherwise. Administrative rules cannot increase these fees.Based on: n.d. · Police dashcam and body-camera fo… · n.d. · Records on gating Griffith Cave a…
- The public body maintains the requested records electronically but refuses to provide them in the electronic format you requested. When records are maintained electronically, section 6(a) requires the public body to furnish them in the requested electronic format.Based on: n.d. · Municipal financial reports, budg…
When the public body usually wins
- The public body only maintains the records in paper format, not electronically. Section 6(a) does not require a public body to convert paper records to an electronic format; it only covers records already maintained electronically.Based on: n.d. · Bank statements and copying fees … · n.d. · Election packets filed with a vil… · n.d. · Paper-only records requested in e…
- You did not specify an electronic format in your FOIA request, and the body provided paper copies. If you fail to request a specific electronic format, the public body is not required to provide electronic copies and may give you paper copies, charging its usual paper copy fees.Based on: n.d. · Corporate franchise tax refund re… · n.d. · Documents about a city's property…
- The public body redacted exempt information from a native electronic file before giving it to you, and you demand the unaltered original. A public body may permissibly redact exempt information under section 7; it is not required to provide the unredacted native file.Based on: n.d. · Native digital files from Snap, I…
- Your request specified a recording medium (e.g., 'on a flash drive') but did not specify a file format, and the body provided the records on that medium. A request for a flash drive identifies only a recording medium, not an electronic format. If the body gives you the medium you asked for, there is no violation.Based on: n.d. · A sheriff's office video recordin…
Points to put in your letter
- If the public body maintains records electronically, state that section 6(a) requires them to provide the records in the electronic format you requested.Based on: n.d. · Municipal financial reports, budg…
- If you were charged more than the cost of the recording medium for electronic copies, insist that FOIA limits fees to that actual cost unless another statute expressly authorizes a higher fee. Ask them to identify such a statute.Based on: n.d. · Police dashcam and body-camera fo… · n.d. · Records on gating Griffith Cave a…
- If told that records exist only in paper, ask the public body to confirm whether any version of the records is maintained electronically (e.g., in email, databases, or digital files).Based on: n.d. · Bank statements and copying fees … · n.d. · Municipal financial reports, budg…
- If you did not specify an electronic format in your original request, you may submit a new FOIA request clearly naming the electronic format you want (e.g., PDF, Excel).Based on: n.d. · Corporate franchise tax refund re…
Common mistakes
- Failing to specify an electronic format in the FOIA request, then objecting to paper copies.Based on: n.d. · Corporate franchise tax refund re… · n.d. · Documents about a city's property…
- Assuming the public body must convert paper-only records to electronic format upon request.Based on: n.d. · Bank statements and copying fees … · n.d. · Election packets filed with a vil… · n.d. · Paper-only records requested in e…
- Demanding the unredacted native file after the public body has permissibly redacted exempt information.Based on: n.d. · Native digital files from Snap, I…
- Accepting a fee higher than the cost of the medium because the public body points to an administrative rule, without confirming whether a statute expressly authorizes the fee.Based on: n.d. · Records on gating Griffith Cave a…
Facts to gather first
- Whether the public body maintains the records in electronic form (for example, in an email inbox, a database, or a shared digital drive).
- The specific electronic format you requested (e.g., 'PDF', 'Excel', 'MP4').
- The amount of any copying fee charged and the actual cost of the recording medium (e.g., flash drive).
- Whether your FOIA request specified a preferred electronic format or only a medium (e.g., 'on a flash drive').
These determination letters are non-binding and outcomes depend on the specific facts of each request; always verify the actual PDF decisions before relying on them.
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-6-a.json.
Violation found (3)
Charging $200 in fees for video recordings
Rule: FOIA allows only the actual cost of the recording medium for electronic records unless another statute expressly authorizes higher fees for electronic copies.
Violation found Police dashcam and body-camera footage of a traffic stop · May 6, 2024
Fees for electronic records from Natural Heritage Database
Rule: Fees for electronic records are limited to the cost of the electronic medium unless a statute expressly provides otherwise; administrative rules cannot supersede FOIA's fee provisions.
Violation found Records on gating Griffith Cave and Natural Heritage Database access · October 30, 2018
Electronic format for records maintained electronically
Rule: A public body must provide records in the electronic format requested if it maintains those records electronically.
Violation found Municipal financial reports, budgets, and ordinances · May 2, 2017
No violation (7)
Requirement to provide records in electronic format
Rule: Section 6(a) does not require a public body to furnish records in electronic format if the records are maintained solely in paper format.
No violation Bank statements and copying fees for paper records · December 24, 2025
Native unaltered ZIP file with redactions
Rule: A public body need not provide an unaltered native electronic file when it permissibly redacts exempt information under section 7.
No violation Native digital files from Snap, Inc · September 30, 2025
Denial of electronic copies of election packets
Rule: A public body need not provide records in electronic format if it maintains them only in paper format.
No violation Election packets filed with a village clerk · January 5, 2023
Electronic copies of paper records
Rule: FOIA does not require a public body to provide electronic copies of records it maintains only in paper format.
No violation Paper-only records requested in electronic format · August 16, 2019
Whether fee for paper copies violated FOIA when requester did not specify format
Rule: A requester must specify the preferred electronic format at the time of request; otherwise, the public body may provide paper copies and charge applicable fees.
No violation Corporate franchise tax refund records and rule-amendment correspondence · March 1, 2019
Failure to provide electronic copies free of charge
Rule: Section 6(a) does not require electronic copies unless the request specifies an electronic format; the request did not.
No violation Documents about a city's property acquisition for a Dollar General store · January 8, 2019
Electronic format for records maintained only in hardcopy
Rule: Section 6(a) does not require a public body to furnish records electronically when they are maintained solely in paper format.
No violation Municipal financial reports, budgets, and ordinances · May 2, 2017
No determination / resolved (2)
Format of video recording on flash drive
Rule: A request for a flash drive identifies a recording medium, not an electronic format, but the body provided the video on a flash drive as requested, so no further action is taken.
No determination / resolved A sheriff's office video recording on a flash drive · October 9, 2024
Format of records under section 6(a)
Rule: A public body must provide records in a requested electronic format only if it maintains them electronically; it need not convert paper records to electronic format.
No determination / resolved Records concerning a specific property address · July 20, 2023