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FOIA section 1.2

FOIA

5 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 Determination letters are not binding precedent.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

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 Determination letters are not binding precedent and this is not legal advice.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

Points to put in your letter

Common mistakes

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)

No violation (5)