Illinois Freedom of Information Act (FOIA)

FOIA is the State Freedom of Information Act (“the Act”). (5 ILCS 140/1 et seq.), under which certain public records in possession of public agencies may be accessed by the public upon written request. Pursuant to section 2(c) of the Act (5 ILCS 140/2(c)), a public record is any record, report, form, writing, letter, memoranda, book, paper, map, photograph, card, tape, recording, electronic data processing record, recorded information, and all other documentary material, regardless of physical form or characteristics, having been prepared, or having been or being used, received, possessed or under the control of any public body.

Some records are, however, not subject to release via the FOIA process; these types of records are described under section 7 of the Act (5 ILCS 140/7). Some records may also be subject to confidentiality provisions imposed by other state or federal statutes or court orders. The FOIA process for disclosure of information does not supersede these other applicable statutory and judicial mandates.