FOIADetermination Letter (non-binding)Closed no further actionPublic Body Definition

PAC closes case because U.S. Department of the Interior is not a public body under Illinois FOIA

The PAC determined it lacked jurisdiction over a federal agency regarding an Illinois FOIA request.

Date issued: June 13, 2024
Request number(s): 81723
Public body: U.S. Department of the Interior
Statute(s): 5 ILCS 140/2
Outcome: Closed, no further action

Plain-language summary

A requester asked the Illinois Attorney General to intervene after the U.S. Department of the Interior refused to accept a FOIA request. The Attorney General's office explained that Illinois FOIA laws only apply to Illinois state and local government agencies, not federal agencies. Because the federal government is not subject to Illinois FOIA, the PAC closed the case without taking further action.

Legal question

Whether the U.S. Department of the Interior constitutes a 'public body' subject to the requirements of the Illinois Freedom of Information Act.

Holding

The PAC determined that it has no authority to review the matter because the U.S. Department of the Interior is not a 'public body' as defined by the Illinois Freedom of Information Act.

Summary

The requester challenged the U.S. Department of the Interior's refusal to accept a FOIA request via email, but the PAC determined it lacked jurisdiction because the agency is a federal entity.

federal agencyjurisdictionpublic bodyFOIA request

Reading view (371 words)

This reading view follows the source PDF's positioned text blocks. Page headers, repeated office furniture, and lower-margin notes are kept out of the narrative; source notes are available below. Reconstruction is automatic and imperfect — the PDF is the authoritative version, and it's linked on this page.

Dear

This determination is issued pursuant to section 9.5(c) of the Freedom of Information Act (FOIA). 1 For the reasons explained below, this office has determined that no further action is warranted in this matter.

On June 5, 2024, you e-mailed a FOIA request to the U.S. Department of Interior Department). On June 6, 2024, the Department informed you that it could not accept FOIA requests via e-mail. Later that day, this office received your Request for Review contesting the Department' s refusal to accept your e-mailed FOIA request.

Please note that the Public Access Counselor' s authority is limited to reviewing public bodies' denials of requests for information under the Illinois Freedom of Information Act. 2 Section 2(a) of Illinois FOIA 3 defines a " public body" as:

A]ll legislative, executive, administrative, or advisory bodies of the State, state universities and colleges, counties, townships, cities, villages, incorporated towns, school districts and all other municipal corporations, boards, bureaus, committees, or The plain language of this definition limits the application of Illinois FOIA to State and local governmental entities of the State of Illinois. The Department is a part of the federal government rather than a government entity of the State of Illinois. The Department is therefore not a " public body" subject to the requirements of Illinois FOIA. Accordingly, we are unable to assist you in this matter and will take no further action.

This file is closed. Please contact the Public Access Bureau at the Springfield address on the first page of this letter if you have questions.

Very truly yours, VICTORIA FRAZIER Assistant Attorney General Public Access Bureau 81723 f no fi war not a pb

Notes from the original PDF (1)

15 ILCS 140/9.5(c) (West 2022), as amended by Public Act 103-069, effective January 1, 2024. 25 ILCS 140/1 et seq. (West 2022); 5 ILCS 140/9.5(a) (West 2022), as amended by Public Act 103- 069, effective January 1, 2024. 35 ILCS 140/2(a) ( West 2022), as amended by Public Act 103-554, effective January 1, 2024.