FREEDOM OF INFORMATION ACT (FOIA)
Members of the public can request to inspect or receive copies of police records through FOIA (Freedom of Information). Under the Illinois Freedom of Information Act (5 ILCS 140), records in the possession of a public body may be accessed by the public upon written request. In the act “public records” are defined as “all records, reports, forms, writings, letters, memoranda, books, papers, maps, photographs, cards, tapes, recordings, electronic data processing records, recorded information, and all other documentary materials, regardless of physical form or characteristics, having been prepared or having been or being used, received, in the possession of or under the control of public body.
A public body can elect to deny the release of certain records based on federal and state statutory provisions. The FOIA process for disclosure of information does not supersede these other applicable statutory and judicial mandates. Other records may be subject to confidentiality provisions as outlined in 5 ILCS 140, Section 7 (1) (a) thru (y) of the act.
THINGS TO KNOW:
- Please be as specific as possible when describing the records you are seeking.
- The Freedom of Information Act is designed to allow you to inspect or receive copies of records. It is not designed to require a public body to respond to questions.
- There is no fee for up to 50 pages of standard paper copies. For pages beyond 50, there is a 15-cent-per-page charge.
- A public body must respond to a FOIA request within 5 business days after the public body receives the request. Day 1 of the 5-day timeline is the first business day after the request is received by the public body, not the date that the request was received. Holidays and weekends are not included in the 5 day requirement.
- The public body may extend that time period for an additional 5 business days from the date of the original due date if:
- The requested information is stored at a different location;
- The request requires the collection of a substantial number of documents;
- The request requires an extensive search;
- The requested records have not been located and require additional effort to find;
- The requested records need to be reviewed by staff who can determine whether they are exempt from FOIA;
- The requested records cannot be produced without unduly burdening the public body or interfering with its operations;
- The request requires the public body to consult with another public body who has substantial interest in the subject matter of the request.
Any individual whose request to inspect or copy a public record has been denied may file a Request for Review with the Public Access Counselor (PAC) within 60 days after the public body's final denial of a FOIA request. The Public Access Counselor (PAC) is a part of the Public Access Bureau in the Illinois Attorney General’s Office. Contact information is as follows:
Leah Bartelt, Public Access Counselor
Office of the Attorney General
500 S. 2nd Street
Springfield, Illinois 62706
E-mail: public.access@ilag.gov
FOIA Hotline: 1-877-299-FOIA (1-877-299-3642)