FOIA section 9.5(f)
FOIA5 ILCS 140/9.5(f). Section 9.5 overview: Sets up the Public Access Counselor (PAC) review process: a requester who was denied can file a “Request for Review” with the Attorney General's office within 60 days, and the PAC can issue either a non-binding determination letter or, in some cases, a binding Public Access Opinion.
6 issues across 6 determination letters:2 violation found · 3 no violation · 1 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 Determination letters are not binding precedent.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
- Better Government Ass'n v. City of Chicago, 2020 IL App (1st) 190038, ¶ 31 cited 3 times
- Judicial Watch, Inc. v. U.S. Dep't of Justice, 373 F. Supp. 3d 120, 126 (D.D.C. 2019) cited 3 times
- Campbell v. U.S. Dep't of Justice, 164 F.3d 20, 28 (D.C. Cir. 1998) cited 2 times
- Hall v. C.I.A., 668 F. Supp. 2d 172, 183-84 (D.D.C. 2009) cited 2 times
- Hites v. Waubonsee Community College, 2016 IL App (2d) 150836 cited 1 times
- Chicago Tribune Co. v. Department of Financial and Professional Regulation, 2014 IL App (4th) 130427 cited 1 times
- Kenyon v. Garrels, 184 Ill. App. 3d 28 (4th Dist. 1989) cited 1 times
- River Breeze, LLC v. Granholm, 2022 IL App (2d) 210704 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 Determination letters are not binding precedent and this is not legal advice.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 searched only for the exact phrase you used, ignoring obvious variations or broader terms. The Bureau found a violation when a body failed to construe the request liberally and search for all responsive records, not just the exact phrase.Based on: n.d. · Communications about incomplete f…
- You can point to specific locations or databases that the public body failed to search, and those places are likely to contain the records. A public body must search places reasonably likely to contain responsive records.Based on: n.d. · Inventory records of lost or stol…
When the public body usually wins
- The public body demonstrates it searched all likely locations using reasonable search terms. The Bureau found no violation when the search was reasonable and tailored.Based on: n.d. · Police activity forms for a park
- The public body shows that the requested records were never created or retained. FOIA does not require a body to provide records it does not have.Based on: n.d. · Records of a Title IX investigati…
- The request asks for a compilation or report that does not already exist and would require creating a new record. FOIA does not require creating new records or compiling data not ordinarily maintained.Based on: n.d. · A custom data report from a schoo…
- There is a pending court case on the same issue. The Public Access Bureau will defer to the court and take no further action.Based on: n.d. · Entity's status as a public body …
Points to put in your letter
- State that the public body must construe your request liberally and search for all responsive records, not just those matching your exact words. The Bureau found a violation when a body searched only for the exact phrase.Based on: n.d. · Communications about incomplete f…
- Identify any specific locations, databases, or offices that you believe were not searched but are likely to contain the records. The body must search places reasonably likely to have responsive records.Based on: n.d. · Inventory records of lost or stol…
- If the body claims it would have to create a new record, ask whether the underlying data exists and can be provided in its existing format. FOIA does not require creating new records, but existing records must be disclosed.Based on: n.d. · A custom data report from a schoo…
- If the body says it does not have the records, provide any evidence you have that the records were created or retained. The body is only required to provide records it actually created and retained.Based on: n.d. · Records of a Title IX investigati…
Common mistakes
- A requester only argues that the body didn't find the records, without pointing out that the body used an overly narrow search or failed to construe the request liberally.Based on: n.d. · Communications about incomplete f…
- A records coordinator searches only for the exact phrase used in the request, assuming that is sufficient.Based on: n.d. · Communications about incomplete f…
- A requester files a request for review with the Public Access Bureau while a court case on the same issue is pending, expecting the Bureau to act.Based on: n.d. · Entity's status as a public body …
- A requester assumes that if they didn't get records, the search was automatically inadequate, without providing evidence that the body missed likely locations.Based on: n.d. · Inventory records of lost or stol… · n.d. · Police activity forms for a park
Facts to gather first
- The exact wording of your FOIA request.
- The public body's response describing their search (what locations they searched, what search terms they used).
- Any evidence that the requested records exist (e.g., references in other documents, public statements, your own knowledge of the body's record-keeping).
- Any indication that the body used an overly narrow search term or ignored obvious variations.
These notes are based on non-binding determination letters; outcomes depend on specific facts, and you should verify 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-9-5-f.json.
Violation found (2)
Adequacy of Village's search for responsive records
Rule: A public body must construe FOIA requests liberally and conduct a search reasonably calculated to locate all responsive records, not just those containing the requester's exact phrase.
Violation found Communications about incomplete fiscal audits · May 8, 2025
Adequacy of CPS search for responsive inventory records
Rule: A public body must conduct a reasonable search tailored to the request and search places reasonably likely to contain responsive records.
Violation found Inventory records of lost or stolen electronic devices · June 13, 2025
No violation (3)
Adequacy of CPD's search for responsive records
Rule: A public body must conduct a reasonable search tailored to the request, searching places reasonably likely to contain responsive records using reasonable search terms.
No violation Police activity forms for a park · December 2, 2024
Adequacy of University's search for responsive records
Rule: A public body must perform a reasonable search calculated to discover requested records, but is only required to provide records it actually created and retained.
No violation Records of a Title IX investigation · September 25, 2024
CPS did not improperly withhold Backlog Trend Report
Rule: FOIA does not require a public body to create new records or compile data it does not ordinarily maintain.
No violation A custom data report from a school district's software vendor · May 30, 2024
No determination / resolved (1)
Whether Aurora Downtown is a public body under FOIA and OMA
Rule: The Public Access Bureau will take no further action in deference to a pending court proceeding that is performing the same factual analysis.
No determination / resolved Entity's status as a public body under FOIA and OMA · July 15, 2024