Quick overview of the Freedom of Information Act and public records access process.
In this post, I aim to provide some quick resources and tips to demystify the public records access process. It’s slightly technical, and slightly historical, but it’s a solid primer on FOIA (or FOIA-ing) and how to use records for community oversight.
What is Illinois Freedom of Information Act (FOIA) and what are public records?
Simply put, the Illinois Freedom of Information Act (5 ILCS 140), is a piece of Illinois law that sets out the rights of the public and public agencies providing access to public records so that anyone can inspect such records and expect:
“full and complete information regarding the affairs of government and the official acts and policies of those who represent them as public officials and public employees consistent with the terms of this Act. Such access 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.”
The piece of law fits within the Federal law signed by Lyndon Johnson at his Texas office, with zero fanfare, zero press, allegedly kicking and screaming in 1966, taking effect in 1967. It was modified after Watergate. The law basically outlines good reasons for not providing records (personal privacy) and ample provisions promoting access, appeal of denials, and so on. It oversees community oversight and public agency record-keeping rules.
What is a public record? A public agency?
A lot of things are public records: marriage, birth, death (often called vital records), divorce, property records, and government works. We are interested in government works: all the materials, emails, reports, research, meeting agenda, calendars, HR/Personnel/Payroll, purchasing and receiving documents. All of these are public records; aside from personnel and HR stuff, and student and medical stuff, much is able to be seen by the public. Public records are evidence of how decisions are made in the name of the public. Remember: it’s the right and duty of the public to oversee their representative agencies.
A public agency includes, but is not limited to: public libraries, colleges, universities, parks and rec districts, water reclamation districts, regulatory boards, county boards and courts, police departments, intergovernmental and township entities, school districts, and so on. They all produce public records because they make decisions and conduct official acts on behalf of a public they represent.
How do I request public records?
It’s important to note: there is no special way to make a records request and you don’t need to be a lawyer or a journalist! No matter how difficult the public agency makes it, the promise of access and oversight is there. The process goes something like this:
Find the records manager of the public agency. Each public agency, or sub-agency (Oak Park Police Department, for example, is a subset of the Village of Oak Park), will have a records manager. Finding their information should be easy enough with a web search. Some agencies like to use forms. You don’t need to use them; you can use mail or email to make requests. You can maintain some degree of anonymity, too
Ask for the records, being specific about dates and subject matter. You don’t need to say what they’ll be used for, but you should say if the records are for commercial use or not. You can cite the Illinois law, but you don’t need to.
Keep records of when you send your request and if the agency acknowledges your request. It’s nice to have a record of your request, be it a spreadsheet or email history.
The agency, once they receive your message, will acknowledge receipt and hopefully will fulfill your request or deny it (with reasons you can contest) in a timely manner.
If your request is successful, work with the data if received. If not, contest the refusal with the Illinois Attorney General or re-work the request for better odds.
In sum, you don’t need special forms, to cite the Illinois law, or anything. But you do need to explain what you are looking for.
Some tips, tricks, and insight
Build off what’s been done. Have you seen a news story or report that mentions an issue or organization? Start with that.
Common denials:
Too burdensome. A quick reframing can help you succeed. Reconsider the time frame. Or, reconsider the scope or number of records needed.
Privacy issues: This pops up if there's personally identifiable information or disciplinary or personnel files. Ask for redactions or find another way.
Always ask that they provide the key for any codes they use. For example, SPER = suspicious person or if they use numbers for race 1=white, 2=black, 3=Hispanic.
Try to use time or date spans
Use the agency’s language to request materials: using their names for things will make it easier for them.
Freedom to Thrive is working to share the public records we’ve received through FOIA requests. The more communities engage with them, the better we are in fulfilling the promise announced in the public records law. We are promoting access and demystifying the process so that “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.”
We’re happy to share your stories about public records and their use and we’re happy to work with you or your organization to acquire and share records and data produced by our public agencies. Contact us for more information or to engage with our work.
