| Freedom of Information Act | |
|---|---|
 | |
| 83rd Illinois General Assembly | |
| Citation | 5 ILCS 140/1 et seq. Public Act 83-1013 |
| Passed | June 28, 1983 |
| Signed by | Governor James R. Thompson (after amendatory veto agreed to by the General Assembly) |
| Signed | December 27, 1983 |
| Effective | July 1, 1984 |
| Legislative history | |
| Bill title | House Bill 234 |
| Introduced by |
|
| Amended by | |
| Public Act 96-542 (effective January 1, 2010) | |
| Related legislation | |
| |
| Status: Amended | |
The Illinois Freedom of Information Act (FOIA /ˈfɔɪjə/ FOY-yə), 5 ILCS 140/1 et seq., is an Illinois statute that grants to all persons the right to copy and inspect public records in the state. The law applies to executive and legislative bodies of state government, units of local government, and other entities defined as "public bodies". All records related to governmental business are presumed to be open for inspection by the public, except for information specifically exempted from disclosure by law. The statute is modeled after the federal Freedom of Information Act and serves a similar purpose as freedom of information legislation in the other U.S. states.
Once a person submits a request to inspect public records, the public body is required to respond within deadlines specified by FOIA. Under certain circumstances, the public body may charge fees for providing the records. Public bodies may deny access to certain types of information, such as invasions of personal privacy, preliminary drafts and other pre-decisional materials, and other types of information specifically enumerated by FOIA and other statutes. When a FOIA request is denied, requesters may file suit in the circuit courts, and potentially recover attorney's fees if they prevail in the litigation. Requesters may also appeal to the Public Access Counselor (PAC), which issues binding opinions on rare occasions, typically opting to resolve disputes through non-binding opinions or other informal means.
Illinois was the last state in the United States to enact freedom of information legislation. Before FOIA became effective, statutes granted limited access to records held by certain officials or governmental bodies, and courts recognized the public's right to access other records, subject to limitations established through common law. FOIA was first introduced to the General Assembly in 1974, but faced repeated resistance from Democratic lawmakers representing Chicago. FOIA was finally enacted in 1984, after lengthy negotiations between the legislature, executive, and civic organizations lobbying for or against the law. FOIA became the exclusive disclosure statute that filled the gaps left by other statutes, and it expanded the public's right to access information. However, the law was criticized for its weak enforcement provisions, with public bodies facing few incentives to comply. An overhaul of FOIA became effective in 2010, turning the Illinois law into one of the most liberal and comprehensive public records statutes throughout the United States. The new law strengthened FOIA's enforcement provisions and authorized the PAC to resolve disputes.