FOIADetermination Letter (non-binding)Closed no further actionFOIA Response Process

Illinois Department of Human Rights not required to answer questions or create new records

The requester sought definitions for abbreviations and memo entries within a document maintained by the Division of Oil and Gas.

Date issued: December 15, 2023
Request number(s): 79254
Public body: Illinois Department of Human Rights
Statute(s): 5 ILCS 140/1.2
Outcome: Closed, no further action

Plain-language summary

Mr. Hunley asked the Illinois Department of Human Rights to explain abbreviations found in a document created by a different agency. The Attorney General's office concluded that FOIA is for requesting existing public records, not for asking government agencies to answer questions or create new documents. Therefore, the agency acted properly in denying the request.

Legal question

Does FOIA require a public body to answer questions or create new records to explain the contents of a document?

Holding

The Department of Human Rights did not violate FOIA because it is not required to answer questions or create new records to explain documents it does not maintain.

Summary

The requester sought definitions for abbreviations and entries in a document created by a different state agency, and the PAC determined that the Department of Human Rights was not required to answer questions or create new records.

Issues decided in this letter

Each question the Public Access Bureau decided, with the rule it applied. Extracted automatically from the letter; the source PDF is authoritative.

No violationFOIA section 3.3
Request sought answers to questions, not public records
Rule applied: FOIA does not require a public body to answer questions, create new records, or interpret the meaning of records.
Authorities cited: Chicago Tribune Co. v. Department of Financial & Professional Regulation, 2014 IL App (4th) 130427; Kenyon v. Garrels, 184 Ill. App. 3d 28 (4th Dist. 1989)
No violation
Requested records not in Department's custody
Rule applied: A public body need not produce records it does not maintain; the Division of Oil and Gas is a subunit of the Illinois Department of Natural Resources, not the Department of Human Rights.

request for informationcreating recordsFOIA scope

Reading view (661 words)

This reading view follows the source PDF's positioned text blocks. Page headers, repeated office furniture, and lower-margin notes are kept out of the narrative; source notes are available below. Reconstruction is automatic and imperfect — the PDF is the authoritative version, and it's linked on this page.

Dear Mr. Hunley:

This determination is issued pursuant to section 9.5(c) of the Freedom of Information Act (FOIA) (5 ILCS 140/9.5(c) (West 2022)). For the reasons explained below, this office has determined that no further action is warranted in this matter.

On December 4, 2023, you submitted a FOIA request to the Illinois Department of Human Rights (Department) seeking the meaning of six specified abbreviations from the Division of Oil and Gas List of Wells in Plugging Fund," a document attached to your request. 1 Your request also sought "the meaning of references in the 'Memo' column that begin with 'PRF- R No.5', PRF- R No. 12', etc." 2 On December 6, 2023, the Department responded that it had no records responsive to your request, noting that you had not requested public records of the Department. On that same date, you submitted the above- referenced Request for Review contesting the Department's response.

Under FOIA, "[a]ll records in the custody or possession of a public body are presumed to be open to inspection or copying." 5 ILCS 140/ 1.2 (West 2022); see also Southern Illinoisan v. Illinois Department of Public Health, 218 Ill. 2d 390, 415 (2006). However, "[a] request to inspect or copy must reasonably identify a public record and not general data, information, or statistics." Chicago Tribune Co. v. Department of Financial & Professional Regulation, 2014 IL App ( 4th) 130427, ¶ 33, 8 N.E.3d 11, 19 (2014). Further, a public body is not required to answer questions or create new records in response to a FOIA request. Kenyon v. Garrels, 184 Ill. App. 3d 28, 32 (4th Dist. 1989). See also 5 ILCS 140/ 3.3 (West 2022) ( FOIA is not intended to compel public bodies to interpret or advise requesters as to the meaning or significance of the public records.").

Instead of reasonably identifying a public record, you asked the Department to define or explain the meaning of abbreviations and specific entries within a document created by the Division of Oil and Gas. FOIA did not require the Department to answer questions or create a new record in response to your request. Additionally, this office notes that the Division of Oil and Gas is a subunit of the Illinois Department of Natural Resources rather than the Department of Human Rights. Requests for records maintained by the former may be submitted to dnr.foia@illinois. gov. The Department of Natural Resources may answer questions in response to a request, but it is not required by FOIA to do so. Accordingly, this office has determined that no further action is warranted.

This letter serves to close this file. Please contact me at benjamin. silver@ilag. gov or (773) 590-7878 if you have any questions.

Very truly yours, BENJAMIN J. SILVER Assistant Attorney General Public Access Bureau 79254 f no fi war mun cc: Via electronic mail Ms. Keisha T. Nelson Freedom of Information Act Officer Illinois Department of Human Rights 555 West Monroe Street, 7th Floor Chicago, Illinois 60661 IDHR. Foia@illinois. gov

Notes from the original PDF (2)

1E-mail from Nick Hunley to [Freedom of Information Act Officer], [Illinois Department of Human Rights] (December 4, 2023).
2 E-mail from Nick Hunley to [Freedom of Information Act Officer], [Illinois Department of Human Rights] (December 4, 2023).