FOIA section 1.2
FOIA5 ILCS 140/1.2. Section 1.2 overview: The single most important sentence in the whole Act: every record is presumed open. If a public body wants to withhold something, it -- not the requester -- has to prove with clear and convincing evidence that a specific exemption applies.
7 issues across 7 determination letters:2 violation found · 5 no violation.
Counts are per issue, not per letter, and come from automated extraction checked against sampled letters. Determination letters are not binding precedent.
Authorities the Bureau cites most on this issue
- Kenyon v. Garrels, 184 Ill. App. 3d 28 (4th Dist. 1989) cited 4 times
- Chicago Tribune Co. v. Department of Financial and Professional Regulation, 2014 IL App (4th) 130427 cited 3 times
- Southern Illinoisan v. Illinois Department of Public Health, 218 Ill. 2d 390, 415 (2006) cited 3 times
- Kowalczyk v. Department of Justice, 73 F.3d 386 (D.C. Cir. 1996) cited 2 times
- Lieber v. Board of Trustees of Southern Illinois University, 176 Ill. 2d 401, 407 (1997) cited 2 times
- Campbell v. U.S. Department of Justice, 164 F.3d 20, 28 (D.C. Cir. 1998) cited 2 times
- Hites v. Waubonsee Community College, 2016 IL App (2d) 150836 cited 2 times
How to challenge a denial on this issue
AI-generated summary of the decisions listed on this page, with each point linked to the letters it comes from. Determination letters are not binding precedent and this is not legal advice. Open the letter and check the PDF before relying on any point.
When a challenge is strong
- The public body withholds records claiming an exemption but provides only a bare assertion without clear and convincing evidence. The public body has the burden to prove the exemption applies by clear and convincing evidence; a mere claim is insufficient.Based on: n.d. · A village superintendent's and zo…
- The public body denies a request for database information on the grounds that it would require creating a new record, but the data already exists in the database. Existing database data is a public record, and compiling it in response to a request does not create a new record.Based on: n.d. · Police case reports and an intern…
When the public body usually wins
- The request asks a question or seeks interpretation rather than identifying specific existing records. FOIA does not require a public body to answer questions or create new records.Based on: n.d. · Communications between city offic… · n.d. · Audit reports on a board's real e…
- The requester challenges the adequacy of the search, but the public body shows it searched places reasonably likely to contain responsive records. A public body need only conduct a reasonable search tailored to the request, not an exhaustive search of every possible location.Based on: n.d. · A university's media rights contr… · n.d. · Campus safety incident reports an…
- The public body demonstrates that no responsive records exist after a reasonable search. FOIA does not require creation of records, and if none exist, there is no violation.Based on: n.d. · Employee work-from-home policies …
Points to put in your letter
- If the denial claims that fulfilling your request would create a new record, but you are seeking existing database data, state that existing database data is a public record and compiling it is not creating a new record.Based on: n.d. · Police case reports and an intern…
- If the public body withholds records under an exemption, demand that they provide clear and convincing evidence that the exemption applies, not just a bare assertion.Based on: n.d. · A village superintendent's and zo…
- If the public body says no records exist, ask them to describe the search they conducted, including which locations were searched and why they believe no records exist.Based on: n.d. · A university's media rights contr… · n.d. · Campus safety incident reports an…
- Ensure your request clearly identifies specific records rather than asking questions or seeking interpretations; if your request was denied as a question, explain how it reasonably identifies existing records.Based on: n.d. · Communications between city offic… · n.d. · Audit reports on a board's real e…
Common mistakes
- Framing a request as a question (e.g., 'Why did you...') instead of asking for specific documents.Based on: n.d. · Communications between city offic… · n.d. · Audit reports on a board's real e…
- Assuming that a public body must search every possible location, rather than only reasonable ones.Based on: n.d. · A university's media rights contr… · n.d. · Campus safety incident reports an…
- Not challenging a denial that claims creating a record when the request is for existing database data.Based on: n.d. · Police case reports and an intern…
- Accepting a public body's bare assertion of an exemption without demanding clear and convincing evidence.Based on: n.d. · A village superintendent's and zo…
Facts to gather first
- Evidence that the requested data is maintained in a database (e.g., screenshots, prior responses, or public descriptions of the system).
- Any prior acknowledgment by the public body that the records exist (e.g., emails, meeting minutes, or previous FOIA responses).
- Details about where responsive records are likely located, to challenge an inadequate search (e.g., specific departments, file systems, or custodians).
- The exact wording of your original request to show it identified records, not questions.
These notes are based on non-binding determination letters; outcomes depend on specific facts, and you should verify the full PDF for context.
Drafting brief for an AI assistant
Copy this into your assistant to help draft a request, appeal, or challenge to a denial that turns on this issue. It carries the rules and decisions, not your facts: add those yourself. Machine-readable version: foia-1-2.json.
Violation found (2)
Village failed to meet burden for withholding emails
Rule: A public body withholding records must prove by clear and convincing evidence that the records are exempt from disclosure.
Violation found A village superintendent's and zoning administrator's emails · May 2, 2023
Query RD Number Statuses display is public record
Rule: Existing database data is a public record; compiling it in response to a request does not create a new record.
Violation found Police case reports and an internal software manual · May 7, 2018
No violation (5)
Second and third parts of request not reasonably describing records
Rule: FOIA does not require a public body to answer questions or create new records in response to a request.
No violation Communications between city officials and a judge about a civil case · January 28, 2025
Adequacy of University's search for responsive records
Rule: A public body must conduct a reasonable search of places reasonably likely to contain responsive records, but need not search every possible location.
No violation A university's media rights contract with a conference · March 19, 2025
Parts one through four of FOIA request
Rule: A FOIA request must reasonably identify public records; public bodies need not answer questions, generate new records, or interpret records, and no responsive records existed.
No violation Employee work-from-home policies and remote-work approval lists · September 14, 2021
Crime logs response adequacy
Rule: A public body must conduct a reasonable search tailored to the request, but need not search every record system if the provided records contain the requested information.
No violation Campus safety incident reports and crime logs · June 4, 2019
Second request for North Dakota investment details
Rule: A FOIA request must reasonably identify a public record; public bodies need not answer questions or create new records.
No violation Audit reports on a board's real estate and investment activities · February 1, 2017