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Understanding FOIA in Illinois: Basics and Exemptions

Learn about the Illinois Freedom of Information Act (FOIA) and its basic structure, including what constitutes a public record and the exemptions in place. Discover the process of FOIA requests and practical considerations for processing. Contact our FOIA coordinators for assistance.

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Understanding FOIA in Illinois: Basics and Exemptions

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  1. Illinois Freedom of Information Act The Basics of FOIA 2015

  2. FOIA’s Basic Structure • Any document possessed by a public body = public record • “Pertaining to the transaction of public business” • Covers more than paper • Electronically stored information • Audio/video recordings • Photos 1

  3. Personal Emails/Devices If you are conducting University business through a personal email account(e.g., gmail, hotmail, yahoo) or personal device, then the University-related communications are subject to FOIA, regardless of whether they are generated on private equipment or in personal accounts. “ . . . it’s a position of our office [Illinois Attorney General’s Office] that if you transact public business even if it’s on a personal device, such as a cell phone, tablet, or personal computer, that it really depends on the content of the communication and that even if it’s on a personal device if you are a public employee that would still be a public record.” Sarah Pratt, Public Access Counselor Illinois Attorney General’s Office August 19, 2015

  4. FOIA’s Basic Structure • No prohibition against using personal email for University work • However, those emails are subject to FOIA and must be produced if requested

  5. FOIA’s Basic Structure • Presumption is that a public record is available for inspection or copying upon request • Means, document in our possession is going to be released unless some or all of the information it contains is . . . • EXEMPT from disclosure

  6. FOIA Exemptions • Prohibited under state or federal law • FERPA; HIPAA • Private information • SSN; personal email address; personal phone number • Personal information • Unwarranted invasion of personal privacy outweighs legitimate public interest in a record

  7. FOIA Exemptions, cont. • Other Exemptions: • Drafts and “Deliberative Process” information • Attorney/Client Privileged Information • Trade Secrets • Research materials • Certain law enforcement records • Responses may be appealed to the Public Access Counselor-- IL Attorney General’s Office

  8. FOIA Processing • All FOIAs are processed centrally through the Office for University Relations • We received over 850 FOIA requests in 2014 and produced over 100,000 pages • 760 received as of Sept 10, 2015 • If you receive a FOIA directly, please email it to foia@uillinois.edu • We usually work with Public Affairs to process FOIA requests directed to Urbana units

  9. The Life of a FOIA Request • The FOIA is reviewed by University Relations staff and assigned to be processed by a FOIA Coordinator. • The people/units that may have the responsive records are contacted. • The responsive records are reviewed. Legal counsel consultation is sought, if necessary. • Exempt material is redacted. • The response letter is drafted and the letter and responsive records are sent out. • Response letters are posted in a log on the OUR website: www.uillinois.edu/foia

  10. FOIA Processing • 5 business days to respond--may be extended for an additional 5 day period, if needed. • Additional time for commercial requests • Voluminous requests • Unduly burdensome requests

  11. Practical Issues with FOIA Processing • Embarrassing/regretful statements are not exempt • Unrecorded phone calls and face to face conversations are NOT subject to FOIA • Documents that no longer exist are not covered by FOIA

  12. Practical Issues with FOIA Processing • Lync messages are FOIA-able • If you deal with donors, make them aware about the potential of public disclosure • Third parties performing a governmental function

  13. Practical Issues with FOIA Processing • FOIA does not require you to create records (accessing information in a database or running a report is not creating records) • If you give us information, do not put it in the body of an email responding to our inquiry • Remember, under FOIA, it doesn’t matter: • Where you store the information • Why the request was made • Who the requestor is

  14. Remember—We’re on Your Side!! Thomas Hardy—University Relations: hardyt@uillinois.edu 312-996-3772 Ginny Hudak-David—University Relations: hudakdav@uillinois.edu 217-333-6400 Kathy McCarthy—University Relations: mccarthk@uillinois.edu 312-996-3773 Laura Clower—University Counsel: clower@illinois.edu 217-333-0560 FOIA Coordinators: Jaclyn Banister—Urbana Public Affairs: jaclynb@illinois.edu 217-333-5010 Jenny Fontaine—UIC Public Affairs: loerzel@uic.edu 312-996-2216 Melanie Kuehn—University Relations: mkuehn@uillinois.edu 217-333-6400 Jill Weathers—University Relations: weather@uillinois.edu 217-333-6400 Mel Bonds—University Relations melbonds@uillinois.edu 312-996-3772

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