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

Illinois Department of Financial and Professional Responsibility not required to create records identifying employees

The requester sought the identities of agency staff involved in the processing of a prior complaint.

Date issued: June 9, 2025
Request number(s): 86704
Public body: Illinois Department of Financial and Professional Responsibility
Statute(s): 5 ILCS 140/3
Outcome: Closed, no further action

Plain-language summary

A citizen asked a state agency to identify specific employees who worked on their previous complaint. The agency stated it had no records to provide, and the PAC agreed, explaining that FOIA is for requesting existing documents, not for asking agencies to answer questions or create new information.

Legal question

Whether a public body is required under FOIA to answer questions or create new records to identify specific employees involved in a past administrative process.

Holding

The PAC concluded that no further action is warranted because FOIA does not require a public body to create new records or answer questions.

Summary

The requester sought the names of Department employees involved in the adjudication of a specific complaint, and the PAC determined that the request was an improper attempt to force the agency to answer questions rather than produce existing records.

records creationanswering questionsFOIA requestagency records

Reading view (600 words)

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Dear

This determination letter is issued pursuant to section 9.5(c) of the Freedom of Information Act (FOIA) (5 ILCS 140/9.5(c) (West 2023 Supp.)). For the reasons set forth below, the Public Access Bureau concludes that no further action is warranted in this matter.

You sent a letter, dated March 31, 2025, to the Illinois Department of Financial and Professional Responsibility (Department) seeking, in relevant part, the names of all Department parties associated with the adjudication of your complaint number On April 10, 2025, the Department responded to your request, which it received on April 8, 2025, stating that it could not locate responsive records. Additionally, the Department asserted that it was not required to create or prepare any records that it does not maintain. In letters dated April 21, 2025, and April 24, 2025, you submitted this Request for Review contesting the failure by the Department to provide you with the information you sought.

Under FOIA, "[a]ll records in the custody or possession of a public body are presumed to be open to inspection or copying." 5 ILCS 140/ 1.2 (West 2022); see also Southern Illinoisan v. Illinois Department of Public Health, 218 Ill. 2d 390, 415 (2006). However, "[a] request to inspect or copy must reasonably identify a public record and not general data, information, or statistics." Chicago Tribune Co. v. Department of Financial & Professional Regulation, 2014 IL App ( 4th) 130427, ¶ 33, 8 N.E.3d 11, 19 (2014). In addition, FOIA does not require a public body to create new records or answer questions in response to a request. Kenyon v. Garrels, 184 Ill. App. 3d 28, 32 (1989).

Rather than reasonably describing and asking for copies of records that may contain the information you are seeking, your letter to the Department sought the identities of Department employees generally involved with the processing and review of a complaint you previously submitted to the Department. As discussed above, the requirements of FOIA do not apply to such a question that asks for a discrete piece of information. Accordingly, this office has determined that no further action is warranted in this matter.

This file is closed. If you have any questions, please contact me at the Springfield address on the first page of this letter.

Very truly yours, CHRISTOPHER R. BOGGS Deputy Public Access Counselor Public Access Bureau 86704 f no fi war sa cc: Via electronic mail Ms. Kathleen Anderson FOIA Officer Illinois Department of Financial & Professional Regulation 555 West Monroe Street, 5th Floor Chicago, Illinois 60661 [email protected]