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Illinois Compiled Statutes

5 ILCS 140/2 (2026)

Definitions

✓ current as of May 2026
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(5 ILCS 140/2) (from Ch. 116, par. 202)
    Sec. 2. Definitions. As used in this Act:
    (a) "Public body" means all legislative, executive, administrative, or advisory bodies of the State, state universities and colleges, counties, townships, cities, villages, incorporated towns, school districts and all other municipal corporations, boards, bureaus, committees, or commissions of this State, any subsidiary bodies of any of the foregoing including but not limited to committees and subcommittees thereof, and a School Finance Authority created under Article 1E of the School Code. "Public body" does not include a child death review team or the Illinois Child Death Review Teams Executive Council established under the Child Death Review Team Act, or a regional youth advisory board or the Statewide Youth Advisory Board established under the Department of Children and Family Services Statewide Youth Advisory Board Act.
    (b) "Person" means any individual or any individual acting as an agent of a corporation, partnership, firm, organization or association, acting individually or as a group.
    (c) "Public records" means all records, reports, forms, writings, letters, memoranda, books, papers, maps, photographs, microfilms, cards, tapes, recordings, electronic data processing records, electronic communications, recorded information and all other documentary materials pertaining to the transaction of public business, regardless of physical form or characteristics, having been prepared by or for, or having been or being used by, received by, in the possession of, or under the control of any public body. "Public records" does not include junk mail.
    (c-5) "Private information" means unique identifiers, including a person's social security number, driver's license number, employee identification number, biometric identifiers, personal financial information, passwords or other access codes, medical records, home or personal telephone numbers, and personal email addresses. Private information also includes home address and personal license plates, except as otherwise provided by law or when compiled without possibility of attribution to any person. For a public body that is a HIPAA-covered entity, "private information" includes electronic medical records and all information, including demographic information, contained within or extracted from an electronic medical records system operated or maintained by the public body in compliance with State and federal medical privacy laws and regulations, including, but not limited to, the Health Insurance Portability and Accountability Act and its regulations, 45 CFR Parts 160 and 164. As used in this subsection, "HIPAA-covered entity" has the meaning given to the term "covered entity" in 45 CFR 160.103.
    (c-10) "Commercial purpose" means the use of any part of a public record or records, or information derived from public records, in any form for sale, resale, or solicitation or advertisement for sales or services. For purposes of this definition, requests made by news media and non-profit, scientific, or academic organizations shall not be considered to be made for a "commercial purpose" when the principal purpose of the request is (i) to access and disseminate information concerning news and current or passing events, (ii) for articles of opinion or features of interest to the public, or (iii) for the purpose of academic, scientific, or public research or education.
    (d) "Copying" means the reproduction of any public record by means of any photographic, electronic, mechanical or other process, device or means now known or hereafter developed and available to the public body.
    (e) "Head of the public body" means the president, mayor, chairman, presiding officer, director, superintendent, manager, supervisor or individual otherwise holding primary executive and administrative authority for the public body, or such person's duly authorized designee.
    (f) "News media" means a newspaper or other periodical issued at regular intervals whether in print or electronic format, a news service whether in print or electronic format, a radio station, a television station, a television network, a community antenna television service, or a person or corporation engaged in making news reels or other motion picture news for public showing.
    (g) "Recurrent requester", as used in Section 3.2 of this Act, means a person that, in the 12 months immediately preceding the request, has submitted to the same public body (i) a minimum of 50 requests for records, (ii) a minimum of 15 requests for records within a 30-day period, or (iii) a minimum of 7 requests for records within a 7-day period. For purposes of this definition, requests made by news media and non-profit, scientific, or academic organizations shall not be considered in calculating the number of requests made in the time periods in this definition when the principal purpose of the requests is (i) to access and disseminate information concerning news and current or passing events, (ii) for articles of opinion or features of interest to the public, or (iii) for the purpose of academic, scientific, or public research or education.
    For the purposes of this subsection (g), "request" means a written document (or oral request, if the public body chooses to honor oral requests) that is submitted to a public body via personal delivery, mail, telefax, electronic mail, or other means available to the public body and that identifies the particular public record the requester seeks. One request may identify multiple records to be inspected or copied.
    (h) "Voluminous request" means a request that: (i) includes more than 5 individual requests for more than 5 different categories of records or a combination of individual requests that total requests for more than 5 different categories of records in a period of 20 business days; or (ii) requires the compilation of more than 500 letter or legal-sized pages of public records unless a single requested record exceeds 500 pages. "Single requested record" may include, but is not limited to, one report, form, e-mail, letter, memorandum, book, map, microfilm, tape, or recording.
    "Voluminous request" does not include a request made by news media and non-profit, scientific, or academic organizations if the principal purpose of the request is: (1) to access and disseminate information concerning news and current or passing events; (2) for articles of opinion or features of interest to the public; or (3) for the purpose of academic, scientific, or public research or education.
    For the purposes of this subsection (h), "request" means a written document, or oral request, if the public body chooses to honor oral requests, that is submitted to a public body via personal delivery, mail, telefax, electronic mail, or other means available to the public body and that identifies the particular public record or records the requester seeks. One request may identify multiple individual records to be inspected or copied.
    (i) "Severance agreement" means a mutual agreement between any public body and its employee for the employee's resignation in exchange for payment by the public body.
    (j) "Junk mail" means (i) any unsolicited commercial mail sent to a public body and not responded to by an official, employee, or agent of the public body or (ii) any unsolicited commercial electronic communication sent to a public body and not responded to by an official, employee, or agent of the public body.
(Source: P.A. 103-554, eff. 1-1-24; 104-438, eff. 1-1-26.)

    
Notes of Decisions
Cited in 93 cases (23 in the last 5 years), 1995–2026 · leading case: Stern v. Wheaton-Warrenville Cmty. Unit Sch. Dist. 200, 910 N.E.2d 85 (Ill. 2009).
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Stern v. Wheaton-Warrenville Cmty. Unit Sch. Dist. 200, 910 N.E.2d 85 (Ill. 2009). · cites it 8× “See 5 ILCS 140/2(a) (West 2006) (“ ‘Public body’ means any *** school districts”).”
Hites v. Waubonsee Cmty. Coll., 2016 IL App (2d) 150836 (Ill. App. Ct. 2016). · cites it 10× “The issue of an undue burden, as addressed in the circuit court’s order, pertained to plaintiff’s 3 FOIA defines “private information” as “unique identifiers, including a person’s social security number, driver’s license number, employee identification number, biometric…”
Duncan Publ'g, Inc. v. City of Chicago, 709 N.E.2d 1281 (Ill. App. Ct. 1999). · cites it 8× “) 5 ILCS 140/2(a) (West 1996). In the instant case, Duncan alleged in count III, and the City admitted, that the City failed to maintain a single central office file from all departments for the notices of denial.”
Better Gov't Ass'n v. Illinois High Sch. Ass'n, 2017 IL 121124 (Ill. 2017). · cites it 6× “¶ 1 In this appeal, the primary issue we are asked to consider is whether the Illinois High School Association (IHSA), which governs and coordinates interscholastic athletic competitions for public and private secondary schools in Illinois, is a "public body" as defined by the…”
Better Gov't Ass'n v. Illinois High Sch. Ass'n, 2017 IL 121124 (Ill. 2018). · cites it 6× “OPINION ¶1 In this appeal, the primary issue we are asked to consider is whether the Illinois High School Association (IHSA), which governs and coordinates interscholastic athletic competitions for public and private secondary schools in Illinois, is a “public body” as defined…”
Hites v. Waubonsee Cmty. Coll., 2016 IL App (2d) 150836 (Ill. App. Ct. 2016). · cites it 8× “” 5 ILCS 140/2(c-5) (West 2014). It also may include, with exceptions, “home address and personal license plates.”
Gekas v. Williamson, 912 N.E.2d 347 (Ill. App. Ct. 2009). · cites it 4× “2d Sheriffs, Police, & Constables §2, at 198 (2008) (“the sheriffs office is an agency of the executive branch of government”).”
Rushton v. Dep't of Corr., 2019 IL 124552 (Ill. 2019). · cites it 2× “” 5 ILCS 140/2(c) (West 2014). By contrast, section 7(2) uses the language “directly relates to the governmental function.”
City of Champaign v. Madigan, 2013 IL App (4th) 120662 (Ill. App. Ct. 2013). · cites it 3× “” 5 ILCS 140/2(a) (West 2010). Notably, section 2(a) does not include the individual members of those bodies in its definition of “public body.”
Dumke v. The City of Chicago, 2013 IL App (1st) 121668 (Ill. App. Ct. 2013). · cites it 4× “” 5 ILCS 140/2(a) (West 2010). “ ‘Head of the public body’ means the president, mayor, chairman, presiding officer, director, superintendent, manager, supervisor or individual otherwise holding primary executive and administrative authority for the public body, or such person’s…”
Chicago Sun-Times v. Cook Cnty. Health & Hosp. Sys., 2022 IL 127519 (Ill. 2022). · cites it 2× “¶ 25 (citing 5 ILCS 140/2(c-5) (West 2018)). Noting that FOIA does not define “medical records,” the court declined to adopt the definition set forth in the Illinois Administrative Code, instead relying on the plain and ordinary meaning of the words.”
Nelson v. Cnty. of Kendall, 2013 IL App (2d) 120635 (Ill. App. Ct. 2013). · cites it 4× “-2- State’s Attorney, as a member of the judicial branch of state government, was not a “public body” as defined in section 2(a) of the Act (5 ILCS 140/2(a) (West 2010) (defining “[p]ublic body,” in pertinent part, as “all legislative, executive, administrative, or advisory…”
Show all 93 citing cases →
— 5 ILCS 140/2(a) — 46 cases
Duncan Publ'g, Inc. v. City of Chicago, 709 N.E.2d 1281 (Ill. App. Ct. 1999). “) 5 ILCS 140/2(a) (West 1996). In the instant case, Duncan alleged in count III, and the City admitted, that the City failed to maintain a single central office file from all departments for the notices of denial.”
Better Gov't Ass'n v. Illinois High Sch. Ass'n, 2017 IL 121124 (Ill. 2017). “¶ 1 In this appeal, the primary issue we are asked to consider is whether the Illinois High School Association (IHSA), which governs and coordinates interscholastic athletic competitions for public and private secondary schools in Illinois, is a "public body" as defined by the…”
Better Gov't Ass'n v. Illinois High Sch. Ass'n, 2017 IL 121124 (Ill. 2018). “OPINION ¶1 In this appeal, the primary issue we are asked to consider is whether the Illinois High School Association (IHSA), which governs and coordinates interscholastic athletic competitions for public and private secondary schools in Illinois, is a “public body” as defined…”
Nelson v. Cnty. of Kendall, 2013 IL App (2d) 120635 (Ill. App. Ct. 2013). “-2- State’s Attorney, as a member of the judicial branch of state government, was not a “public body” as defined in section 2(a) of the Act (5 ILCS 140/2(a) (West 2010) (defining “[p]ublic body,” in pertinent part, as “all legislative, executive, administrative, or advisory…”
Stern v. Wheaton-Warrenville Cmty. Unit Sch. Dist. 200, 910 N.E.2d 85 (Ill. 2009). “See 5 ILCS 140/2(a) (West 2006) (“ ‘Public body’ means any *** school districts”).”
— 5 ILCS 140/2(b) — 2 cases
Hart v. Illinois State Police, 2022 IL App (5th) 190258 (Ill. App. Ct. 2022).
Woolsey v. The Illinois State Police, 2022 IL App (4th) 210467-U (Ill. App. Ct. 2022).
— 5 ILCS 140/2(c) — 47 cases
Stern v. Wheaton-Warrenville Cmty. Unit Sch. Dist. 200, 910 N.E.2d 85 (Ill. 2009). “See 5 ILCS 140/2(a) (West 2006) (“ ‘Public body’ means any *** school districts”).”
Hites v. Waubonsee Cmty. Coll., 2016 IL App (2d) 150836 (Ill. App. Ct. 2016). “The issue of an undue burden, as addressed in the circuit court’s order, pertained to plaintiff’s 3 FOIA defines “private information” as “unique identifiers, including a person’s social security number, driver’s license number, employee identification number, biometric…”
Rushton v. Dep't of Corr., 2019 IL 124552 (Ill. 2019). “” 5 ILCS 140/2(c) (West 2014). By contrast, section 7(2) uses the language “directly relates to the governmental function.”
Gekas v. Williamson, 912 N.E.2d 347 (Ill. App. Ct. 2009). “2d Sheriffs, Police, & Constables §2, at 198 (2008) (“the sheriffs office is an agency of the executive branch of government”).”
City of Champaign v. Madigan, 2013 IL App (4th) 120662 (Ill. App. Ct. 2013). “” 5 ILCS 140/2(a) (West 2010). Notably, section 2(a) does not include the individual members of those bodies in its definition of “public body.”
— 5 ILCS 140/2(c)(vii) — 3 cases
Stern v. Wheaton-Warrenville Cmty. Unit Sch. Dist. 200, 910 N.E.2d 85 (Ill. 2009). “See 5 ILCS 140/2(a) (West 2006) (“ ‘Public body’ means any *** school districts”).”
Stern v. Wheaton-Warrenville Cmty. Unit Sch. Dist. 200, 894 N.E.2d 818 (Ill. App. Ct. 2008).
Stern v. Wheaton-Warrenville Cmty. Unit Sch. Dist. 200 (Ill. App. Ct. 2008).
— 5 ILCS 140/2(c)(viii) — 1 case
Stern v. Wheaton-Warrenville Cmty. Unit Sch. Dist. 200, 910 N.E.2d 85 (Ill. 2009). “See 5 ILCS 140/2(a) (West 2006) (“ ‘Public body’ means any *** school districts”).”
— 5 ILCS 140/2(d) — 6 cases
Hites v. Waubonsee Cmty. Coll., 2016 IL App (2d) 150836 (Ill. App. Ct. 2016). “The issue of an undue burden, as addressed in the circuit court’s order, pertained to plaintiff’s 3 FOIA defines “private information” as “unique identifiers, including a person’s social security number, driver’s license number, employee identification number, biometric…”
Hites v. Waubonsee Cmty. Coll., 2016 IL App (2d) 150836 (Ill. App. Ct. 2016). “” 5 ILCS 140/2(c-5) (West 2014). It also may include, with exceptions, “home address and personal license plates.”
DesPain v. City of Collinsville, 888 N.E.2d 163 (Ill. App. Ct. 2008).
Hites v. Waubonsee Cmty. Coll., 2016 IL App (2d) 150836 (Ill. App. Ct. 2016).
Hites v. Waubonsee Cmty. Coll., 2016 IL App (2d) 150836 (Ill. App. Ct. 2016).
— 5 ILCS 140/2(e) — 2 cases
Dumke v. The City of Chicago, 2013 IL App (1st) 121668 (Ill. App. Ct. 2013). “” 5 ILCS 140/2(a) (West 2010). “ ‘Head of the public body’ means the president, mayor, chairman, presiding officer, director, superintendent, manager, supervisor or individual otherwise holding primary executive and administrative authority for the public body, or such person’s…”
Shehadeh v. City of Taylorville, 2024 IL App (5th) 220824-U (Ill. App. Ct. 2024).
— 5 ILCS 140/2(g) — 1 case
Delyer v. Vill. of Arlington Heights, 2025 IL App (1st) 242292-U (Ill. App. Ct. 2025).
— 5 ILCS 140/2(h) — 1 case
Williams v. The City of Chicago (N.D. Ill. 2022).
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