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

Illinois Department of Human Rights did not violate FOIA for non-specific request

The requester sought broad, non-specific information regarding judicial and law enforcement entities.

Date issued: February 15, 2024
Request number(s): 79945
Public body: Illinois Department of Human Rights
Statute(s): 5 ILCS 140/3
Outcome: Closed, no further action

Plain-language summary

A citizen requested general information about various judicial and law enforcement agencies from the Illinois Department of Human Rights. The Department stated it did not have any such records, and the Attorney General's office agreed, noting that FOIA requests must specifically identify the records sought rather than asking for general data or information.

Legal question

Whether the Illinois Department of Human Rights violated FOIA by failing to provide records in response to a request that did not reasonably identify specific public records.

Holding

The PAC determined that no further action is warranted because the Department of Human Rights does not possess records responsive to the requester's broad and non-specific request.

Summary

The requester sought broad information regarding judicial and law enforcement entities from the Illinois Department of Human Rights, which denied the request for lack of responsive records. The PAC determined that no further action was warranted because the request failed to reasonably identify specific public 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 9.5(c)
Whether request reasonably identified public records
Rule applied: 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.
Authorities cited: Southern Illinoisan v. Illinois Department of Public Health, 218 Ill. 2d 390, 415 (2006); Chicago Tribune Co. v. Department of Financial & Professional Regulation, 2014 IL App (4th) 130427, ¶33, 8 N.E.3d 11, 19 (2014); Kowalczyk v. Dep't of Justice, 73 F.3d 386, 388 (D.C. Cir. 1996); Yeager v. Drug Enforcement Administration, 678 F.2d 315, 326 (D.C. Cir. 1982); American Chemistry Council, Inc. v. U.S. Department of Health and Human Services, 922 F. Supp. 2d 56, 62 (D.D.C. 2013)

FOIA requestreasonable identificationresponsive recordspublic body

Reading view (592 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-:

This determination is issued pursuant to section 9.5(c) of the Freedom of Info1mation Act (FOIA) (5 ILCS 140/9.5(c) (West 2022), as amended by Public Act 103-069, effective January 1, 2024). For the reasons set forth below, the Public Access Bureau has determined that no further action is warranted in this matter.

On January 28, 2024, you submitted a FOIA request to the Illinois Department of Human Rights (Department) stating: "This is a request for information of state judicial, local judicial ,Rockford J11inois , state law enforcement ,local law enforcement Rockford Illinois[.)" 1 You then stated "All FOIA" and listed variations of your name. On January 30, 2024, the Department responded by asserting that you did not request records that were maintained by or within the jurisdiction of the Department, and that it did not have documentation responsive to your request. On January 31, 2024, this office received your complete Request for Review challenging the Department's response. You appeared to assett that your request was for a personal purpose.

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. lllinois 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, 133, 8 N.E.3d 1 1, 19 (2014). A FOIA request

Notes from the original PDF (1)

'E-mail from- to [JDHR FOIA] (January 28, 2024). 500 Soulh 2nd S!rctl Springfield. Illinois 62701 (2 I 7) 782-1090 • !:'ax; (217) 782-7046 11.5 Soulh LaSalle Sln:el O,icago, 111inois 60603 (312} R 14-3000 • Fax: (312) 814-3806 174.S ln11ovalio11 Driw. Sullc C Carhondalc, lllinoiÑ 62903 (618) 529-6400 • Fax: (618) 529-6416 Individuals wiLh bearing or speech disabilities cntt n:nch us by using the 7-1-1 rclny service ,v,vw.OlinoiÒAuomeyGencral.gov