Public Records Definition
26 Illinois PAC opinions and determination letters about public records definition.
Practical next steps: Guide to public-business messages on personal accounts
Public Records Definition: what the decisions show
Public records definition questions ask whether a communication or document pertains to public business and is therefore subject to FOIA, regardless of where it is stored or who physically holds it. These decisions address emails, texts, calendars, meeting recordings, contractor and third-party holdings, social media pages, and requests that would require compiling data.
The PAC has generally treated records relating to public business as public records even when they are on private equipment, held by a contractor or outside entity, or maintained by a related organization. It has found violations where bodies withheld such records or deleted them. It has found no violation where communications were purely personal or political, or where the request sought data that did not exist as a pre-compiled record and would require creating a new record.
At a glance: 26 documents from 2013 to 2024(8 binding opinions, 18 determination letters). Outcome: 12 found a violation (in whole or part), 9 found none. Most often cited alongside: 7(1)(f) (Preliminary drafts, notes, and deliberative materials) (3); 7(1)(m) (Attorney/auditor communications and litigation-preparation materials) (3); 7(1)(b) (Private information) (2); 7(1)(c) (Personal privacy) (2); 7(1)(g) (Trade secrets and confidential commercial/financial information) (2).
Recurring issues
- Officials claimed messages about public business on privately owned phones or email accounts were not public records. (City council members' electronic communications during meetings, A mayor's text messages with public officials)
- Public bodies claimed records held by a private contractor, outside vendor, conference, or related nonprofit were not in their possession. (Aggregate inmate head injury data and evaluation policies, Settlement agreements with a paramedic services contractor, A university's media rights contract with a conference)
- Requesters sought data, compilations, or answers that the body said would require creating a new record. (Website usage data from office computers, Selective enrollment test data and phone call logs, Metadata compilation of electronic monitoring call recordings)
- Bodies treated calendars, task force materials, or meeting recordings as personal, unofficial, or non-public. (The Governor's calendar with meeting details, Transit authority president's schedule and calendar, Records of the Danville Housing Task Force)
Practical points
- Ask for identifiable existing records rather than asking a body to compile scattered data or answer questions.
- A body should preserve and search for records about public business even if they are on private devices or held by a contractor performing a governmental function.
- Use of a public email system alone does not make a purely personal communication a public record, and purely personal or political messages may be distinguished from public business.
Summary drafted from the linked decisions and checked against them; read the decisions themselves before relying on it. Not legal advice.
- Transit authority president's schedule and calendarBinding opinion · Violation found
Violation found
- Aggregate inmate head injury data and evaluation policiesBinding opinion · Violation found
Improperly withheld records
- Manganese throughput reports submitted to a public health departmentBinding opinion · Violation found
Violation found
- A taped recording of a committee meetingBinding opinion · Violation found
Violation found
- The Governor's calendar with meeting detailsBinding opinion · Violation found
Improperly withheld records
- Records of the Danville Housing Task ForceBinding opinion · Violation found
Improperly withheld records
- A charter school's records of public businessBinding opinion · Violation found
Improperly withheld records
- City council members' electronic communications during meetingsBinding opinion · Violation found
Improperly withheld records
- Website usage data from office computersDetermination letter · No violation
No violation found
- Correspondence between a governor's office and a former agency directorDetermination letter · Violation found
Improperly withheld records
- Emails from a professor's university accountDetermination letter · No violation
No violation found
- Settlement agreements with a paramedic services contractorDetermination letter · Violation found
Improperly withheld records
- Selective enrollment test data and phone call logsDetermination letter · No violation
No violation found
- A recorded village board meeting videoDetermination letter · No violation
No violation found
- Consumer fraud forms and rules on a public body's websiteDetermination letter · Closed no further action
Closed, no further action
- A public official's personal political Facebook pageDetermination letter · Closed no further action
No violation found
- Metadata compilation of electronic monitoring call recordingsDetermination letter · No violation
No violation found
- A mayor's text messages with public officialsDetermination letter · No violation
No violation found
- An administrative law judge bench book on vehicle enforcementDetermination letter · Violation found
Improperly withheld records
- A university's media rights contract with a conferenceDetermination letter · Violation found
Improperly withheld records
- Aggregated student survey data by instructor and courseDetermination letter · Closed no further action
Closed, no further action
- A custom data report from a school district's software vendorDetermination letter · No violation
No violation found
- Application materials for a housing development assessmentDetermination letter · No violation
No violation found
- Staff identities in complaint processingDetermination letter · Closed no further action
Closed, no further action
- A private law firm's internal payroll recordsDetermination letter · No violation
No violation found
- College records of employee bereavement acknowledgmentsDetermination letter · Closed no further action
Closed, no further action