Illinois Freedom of Information Act The Basics of FOIA

2015

FOIA’s Basic Structure• Any document possessed by a public body =

public record“Pertaining to the transaction of public business”

• Covers more than paperElectronically stored informationAudio/video recordingsPhotos

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Personal Emails/DevicesIf 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 CounselorIllinois Attorney General’s OfficeAugust 19, 2015

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

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

FOIA ExemptionsProhibited 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

FOIA Exemptions, cont.• Other Exemptions:

Drafts and “Deliberative Process” informationAttorney/Client Privileged InformationTrade SecretsResearch materialsCertain law enforcement records

• Responses may be appealed to the Public Access Counselor-- IL Attorney General’s Office

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

The Life of a FOIA Request1. The FOIA is reviewed by University Relations staff and

assigned to be processed by a FOIA Coordinator. 2. The people/units that may have the responsive records are

contacted. 3. The responsive records are reviewed. Legal counsel

consultation is sought, if necessary.4. Exempt material is redacted.5. The response letter is drafted and the letter and responsive

records are sent out. 6. Response letters are posted in a log on the OUR website:

www.uillinois.edu/foia

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

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

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

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 informationWhy the request was madeWho the requestor is

Remember—We’re on Your Side!!