FOIA section 9.5(c)
FOIA5 ILCS 140/9.5(c). Section 9.5 overview: Sets up the Public Access Counselor (PAC) review process: a requester who was denied can file a “Request for Review” with the Attorney General's office within 60 days, and the PAC can issue either a non-binding determination letter or, in some cases, a binding Public Access Opinion.
11 issues across 11 determination letters:8 violation found · 3 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 Determination letters are not binding precedent.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
- An investigative file on a real estate agent (Pub. Acc. Op. No. 12-007) cited 3 times
- Chicago Tribune Co. v. Department of Financial and Professional Regulation, 2014 IL App (4th) 130427 cited 3 times
- Yeager v. Drug Enforcement Administration, 678 F.2d 315, 321 (D.C. Cir. 1982) cited 2 times
- Southern Illinoisan v. Illinois Department of Public Health, 218 Ill. 2d 390, 415 (2006) cited 2 times
- Bocock v. Will County Sheriff, 2018 IL App (3d) 170330, ¶ 50, 100 N.E.3d 649, 658 (2018) cited 1 times
- Rockford Police Benevolent and Protective Ass'n, Unit No. 6 v. Morrissey cited 1 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 Determination letters are not binding precedent and this is not legal advice.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 refused to provide the requested records to the Public Access Counselor for confidential review. Section 9.5(c) requires public bodies to provide records to the PAC and fully cooperate; failure to do so is a violation.Based on: n.d. · Investigative reports on sexual h… · n.d. · Communications with a judge about… · n.d. · A summary of responses to an Invi…
- The public body's response to a multipart request did not clearly identify which records correspond to each part, did not state whether records exist, or did not cite exemptions for withheld records. A public body must provide a clear response for each part of a multipart request.Based on: n.d. · School district policies, employm…
- The public body conducted an unreasonable search, such as failing to search all likely record systems or shifting the burden to the requester to specify search terms. The search must be reasonable and tailored to the request.Based on: n.d. · Documents on four vaping-related …
When the public body usually wins
- The request sought information, answers to questions, or general data rather than reasonably identifying a specific public record. FOIA does not require public bodies to answer questions or create records; the request must identify a public record.Based on: n.d. · Staff identities in complaint pro… · n.d. · A broad request for judicial and …
- The public body conducted a reasonable search and no responsive records were created or retained. A requester is entitled only to records the agency actually created and retained; the search is judged by reasonableness.Based on: n.d. · Police body-camera footage of a J…
Points to put in your letter
- If the public body did not provide the records to the PAC for review, state that Section 9.5(c) requires them to do so and that failure to cooperate is a violation.Based on: n.d. · Investigative reports on sexual h… · n.d. · Communications with a judge about… · n.d. · A summary of responses to an Invi…
- If your request had multiple parts and the response was unclear, demand that the body identify which records correspond to each part, state whether records exist, and cite exemptions for any withheld or redacted records.Based on: n.d. · School district policies, employm…
- If the body claimed no records exist but did not explain its search, argue that the search was unreasonable because it did not search all likely record systems or improperly shifted the burden to you to specify search terms.Based on: n.d. · Documents on four vaping-related …
- If the body refused to provide records to the PAC claiming attorney-client privilege, point out that providing records to the PAC does not waive privilege.Based on: n.d. · Emails between a township and its… · n.d. · Investigative reports on sexual h…
Common mistakes
- Framing a request as a question or for general information instead of identifying specific records.Based on: n.d. · Staff identities in complaint pro… · n.d. · A broad request for judicial and …
- Believing that providing records to the PAC for confidential review waives attorney-client privilege.Based on: n.d. · Emails between a township and its… · n.d. · Investigative reports on sexual h…
- Assuming that a public body must create records or compile data in response to a request.Based on: n.d. · Staff identities in complaint pro… · n.d. · A broad request for judicial and …
Facts to gather first
- Whether the request was a multipart request and the response failed to address each part.
- Whether the public body refused to provide records to the PAC or failed to cooperate.
- Whether the public body claimed no records exist but did not describe the search conducted.
- Whether the request identified specific records or was a question seeking information.
These notes are based on non-binding determination letters; the outcome of any challenge depends on the specific facts and the applicable law, and you should verify the full text of the decisions.
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-9-5-c.json.
Violation found (8)
Adequacy of District's response to multipart FOIA request
Rule: A public body responding to a multipart FOIA request must clearly identify which records correspond to each part, state if no responsive records exist, and cite exemptions for withheld or redacted records.
Violation found School district policies, employment records, and investigative documents · January 5, 2026
District refusal to provide records to PAC
Rule: Public bodies must provide withheld records to the PAC for confidential review; doing so does not waive attorney-client privilege.
Violation found Investigative reports on sexual harassment allegations · October 16, 2024
Failure to provide records for PAC review
Rule: A public body must provide requested records to the PAC for confidential review; failure to do so prevents exemption analysis and requires a revised response.
Violation found Communications with a judge about a wrongful death lawsuit · December 20, 2023
Department failed to provide records to PAC
Rule: A public body must provide requested records to the Public Access Counselor within 7 business days and fully cooperate with the PAC.
Violation found A summary of responses to an Invitation for Proposals · May 25, 2023
Village failed to cooperate with PAC
Rule: A public body must provide requested records and fully cooperate with the Public Access Counselor within 7 business days of a request for review.
Violation found A village superintendent's and zoning administrator's emails · May 2, 2023
Reasonable search for responsive records
Rule: A public body must conduct a reasonable search tailored to the request, including all likely record systems, and cannot shift the burden to the requester to specify search terms or a timeframe.
Violation found Documents on four vaping-related deaths · March 3, 2020
Whether providing records to PAC waives attorney-client privilege
Rule: Section 9.5(c) requires public bodies to provide records to the PAC and fully cooperate; furnishing records to the PAC does not waive attorney-client privilege.
Violation found Emails between a township and its legal counsel · October 17, 2018
IDOC refusal to provide records to PAC
Rule: Public bodies must provide copies of requested records and fully cooperate with the Public Access Counselor; they have no discretion to refuse.
Violation found A corrections department's gang renunciation program records · March 7, 2017
No violation (3)
Request sought information, not reasonably identified records
Rule: FOIA does not require a public body to answer questions or create records; a request must reasonably identify a public record rather than general information.
No violation Staff identities in complaint processing · June 9, 2025
Adequacy of search for body camera footage
Rule: A public body's search for responsive records is judged by reasonableness; a requester is entitled only to records the agency actually created and retained.
No violation Police body-camera footage of a July 2024 incident · January 24, 2025
Whether request reasonably identified public records
Rule: A FOIA request must reasonably identify a public record and not general data, information, or statistics; the Department was not required to divine the requester's intent.
No violation A broad request for judicial and law enforcement records · February 15, 2024