Illinois Freedom of Information Act

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Contents

The Illinois Freedom of Information Act, or Illinois FOIA, is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels in Illinois. The law was first enacted in 1984.

The Illinois FOIA is based on an assertion in the statute that access to "full and complete information regarding the affairs of government" is "is necessary to enable the people to fulfill their duties of discussing public issues fully and freely, making informed political judgments and monitoring government to ensure that it is being conducted in the public interest."[1]

Transparency report card

A 2008 study, BGA - Alper Integrity Index, conducted by the Better Government Association and sponsored by Alper Services, ranked Illinois #11 in the nation (along with Arizona and West Virginia) with an overall percentage of 58.00%. [2]

A 2007 study, Graded state responsiveness to FOI requests, conducted by BGA and the NFOIC, gave Illinois 59 points out of a possible 100, a letter grade of "F", and a ranking of 13 out of the 50 states.[3]

A 2002 study, Freedom of Information in the USA, conducted by IRE and BGA, ranked Illinois's law as the 26th worst in the country, giving it a letter grade of "C-".[4]

Features of the law

Who may request records?

See also: List of who can make public record requests by state.

Anyone may request public documents in Illinois. All "persons are entitled to full and complete information regarding the affairs of government". [5]

Proposals for reform

Transparency advocates in Illinois have called for reforms in the Illinois FOIA. In November 2008, the State Journal-Register asked in an editorial, "How many stories have to be written about Illinois’ broken Freedom of Information Act before Attorney General Lisa Madigan proposes an overhaul?"

The newspaper cited as areas for reform:

  • Limits on how much public agencies can charge for records.
  • Ending a practice whereby those who request records are charged less if they cite the Illinois FOIA law in their request, versus those who do not cite the law in their request. The newspaper cites a case where mention of the law gains a requestor a 94% reduction in fees.
  • Curtailing the practice of requiring groups to get court orders to obtain public records.
  • "The General Assembly has gummed up the FOIA law with so many exemptions, it’s nearly impossible to interpret with any clarity which records are subject to it."
  • "It’s been six years since Madigan campaigned on a promise to reform the law. It’s been 19 months since this newspaper’s award-winning series, 'Request Denied,' showed how the public — not just pesky newspaper reporters — is not being served by a toothless and loophole-laden law. It’s been 14 months since Madigan told the Illinois Press Association, 'Let me be clear: I am committed to legislatively reforming the Freedom of Information Act.'"[6]

Open meetings

"The intent of the Illinois Open Meetings Act is to ensure that public business is conducted in public view by prohibiting secret deliberations and actions on matters that should be discussed in a public forum."[7]

See also

External Links

References

  1. ↑ Illinois Code (5 ILCS 140/1)
  2. ↑ Integrity Index available for download here
  3. ↑ Graded state responsiveness to FOI requests, 2007
  4. ↑ Freedom of Information in the USA, 2002
  5. ↑ Illinois Compiled Statutes, 5 ILCS 140/
  6. ↑ State Journal-Register, "Our Opinion: FOIA needs reform -- now", November 12, 2008
  7. ↑ Illinois Attorney General website
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