ILCS » Chapter 5 · Act 140
Illinois Compiled Statutes

5 ILCS 140/3 (2026)

(a) Each public body shall make available to any person for inspection or copying all public records, except as otherwise provided in Sections 7 and 8

✓ current as of May 2026
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(5 ILCS 140/3) (from Ch. 116, par. 203)
    Sec. 3. (a) Each public body shall make available to any person for inspection or copying all public records, except as otherwise provided in Sections 7 and 8.5 of this Act. Notwithstanding any other law, a public body may not grant to any person or entity, whether by contract, license, or otherwise, the exclusive right to access and disseminate any public record as defined in this Act.
    (b) Subject to the fee provisions of Section 6 of this Act, each public body shall promptly provide, to any person who submits a request, a copy of any public record required to be disclosed by subsection (a) of this Section and shall certify such copy if so requested.
    (c) Requests for inspection or copies shall be made in writing and directed to the public body. Written requests may be submitted to a public body via personal delivery, mail, telefax, or other means available to the public body. Electronic requests under this Section must appear in their entirety within the body of the electronic submission. As a cybersecurity measure, no public body shall be required to open electronically attached files or hyperlinks to view or access details of a request. A public body that receives a request that would require the public body to open hyperlinks or attached files shall, within 5 business days, notify the requester of the requirement that the entirety of an electronic request must appear within the body of the electronic submission. A public body may honor oral requests for inspection or copying. A public body may not require that a request be submitted on a standard form or require the requester to specify the purpose for a request, except to determine whether the records are requested for a commercial purpose or whether to grant a request for a fee waiver. All requests for inspection and copying received by a public body shall immediately be forwarded to its Freedom of Information officer or designee.
    (d) Each public body shall, promptly, either comply with or deny a request for public records within 5 business days after its receipt of the request, unless the time for response is properly extended under subsection (e) of this Section. Denial shall be in writing as provided in Section 9 of this Act. Failure to comply with a written request, extend the time for response, or deny a request within 5 business days after its receipt shall be considered a denial of the request. A public body that fails to respond to a request within the requisite periods in this Section but thereafter provides the requester with copies of the requested public records may not impose a fee for such copies. A public body that fails to respond to a request received may not treat the request as unduly burdensome under subsection (g).
    (e) The time for response under this Section may be extended by the public body for not more than 5 business days from the original due date for any of the following reasons:
        (i) the requested records are stored in whole or in
    
part at other locations than the office having charge of the requested records;
        (ii) the request requires the collection of a
    
substantial number of specified records;
        (iii) the request is couched in categorical terms and
    
requires an extensive search for the records responsive to it;
        (iv) the requested records have not been located in
    
the course of routine search and additional efforts are being made to locate them;
        (v) the requested records require examination and
    
evaluation by personnel having the necessary competence and discretion to determine if they are exempt from disclosure under Section 7 of this Act or should be revealed only with appropriate deletions;
        (vi) the request for records cannot be complied with
    
by the public body within the time limits prescribed by subsection (d) of this Section without unduly burdening or interfering with the operations of the public body;
        (vii) there is a need for consultation, which shall
    
be conducted with all practicable speed, with another public body or among 2 or more components of a public body having a substantial interest in the determination or in the subject matter of the request.
    The person making a request and the public body may agree in writing to extend the time for compliance for a period to be determined by the parties. If the requester and the public body agree to extend the period for compliance, a failure by the public body to comply with any previous deadlines shall not be treated as a denial of the request for the records.
    (f) When additional time is required for any of the above reasons, the public body shall, within 5 business days after receipt of the request, notify the person making the request of the reasons for the extension and the date by which the response will be forthcoming. Failure to respond within the time permitted for extension shall be considered a denial of the request. A public body that fails to respond to a request within the time permitted for extension but thereafter provides the requester with copies of the requested public records may not impose a fee for those copies. A public body that requests an extension and subsequently fails to respond to the request may not treat the request as unduly burdensome under subsection (g).
    (g) Requests calling for all records falling within a category shall be complied with unless compliance with the request would be unduly burdensome for the complying public body and there is no way to narrow the request and the burden on the public body outweighs the public interest in the information. Before invoking this exemption, the public body shall extend to the person making the request an opportunity to confer with it in an attempt to reduce the request to manageable proportions. If any public body responds to a categorical request by stating that compliance would unduly burden its operation and the conditions described above are met, it shall do so in writing, specifying the reasons why it would be unduly burdensome and the extent to which compliance will so burden the operations of the public body. Such a response shall be treated as a denial of the request for information.
    Repeated requests from the same person for the same records that are unchanged or identical to records previously provided or properly denied under this Act shall be deemed unduly burdensome under this provision.
    (h) Each public body may promulgate rules and regulations in conformity with the provisions of this Section pertaining to the availability of records and procedures to be followed, including:
        (i) the times and places where such records will be
    
made available, and
        (ii) the persons from whom such records may be
    
obtained.
    (i) The time periods for compliance or denial of a request to inspect or copy records set out in this Section shall not apply to requests for records made for a commercial purpose, requests by a recurrent requester, or voluminous requests. Such requests shall be subject to the provisions of Sections 3.1, 3.2, and 3.6 of this Act, as applicable.
    (j) Within 5 business days after its receipt of the request, a public body that has a reasonable belief that a request was not submitted by a person may require the requester to verify orally or in writing that the requester is a person. The deadline for the public body to respond to the request shall be tolled until the requester verifies that he or she is a person. If the requester fails to verify that he or she is a person within 30 days after the public body requests such a verification, then the public body may deny the request. For purposes of this subsection (j), a public body may not require the requester to submit personal information, private information, or identifying information to verify that the requester is a person.
(Source: P.A. 104-438, eff. 1-1-26.)

    
Notes of Decisions
Cited in 129 cases (27 in the last 5 years), 1995–2026 · leading case: S. Illinoisan v. Illinois Dep't of Pub. Health, 844 N.E.2d 1 (Ill. 2006).
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S. Illinoisan v. Illinois Dep't of Pub. Health, 844 N.E.2d 1 (Ill. 2006). · cites it 3× “On October 28, 1997, plaintiff made a written request, pursuant to the FOIA (5 ILCS 140/3 (West 1998)), that the Department provide plaintiff with copies of documents relating to the incidence of neuroblastoma 1 in Illinois from 1985 to the date of the request.”
McCready v. Illinois Sec'y of State, 888 N.E.2d 702 (Ill. App. Ct. 2008). · cites it 6× “If a public body fails to respond to a request or notify the requester that additional time is required within seven days, the request is considered denied.”
Green v. Chicago Police Dep't, 2022 IL 127229 (Ill. 2022). · cites it 5× “5 ILCS 140/3, 11 (West 2018). This “time-of-request” approach to reviewing FOIA denials is practical and fosters finality.”
Kelly v. Vill. of Kenilworth, 2019 IL App (1st) 170780 (Ill. App. Ct. 2019). · cites it 4× “In reaching that determination, the reviewing court observed that under section 3(d)(vii) of FOIA (5 ILCS 140/3(d)(vii) (West 1994)), a public body may extend the time for responding to a request due to a need to consult with another public body with a substantial interest in…”
Nat'l Ass'n of Crim. Def. Lawyers v. Chicago Police Dep't, 924 N.E.2d 564 (Ill. App. Ct. 2010). · cites it 4× “Moreover, the research required to determine whether each matter remained pending would constitute an undue burden pursuant to section 3(f) of FOIA (5 ILCS 140/3(0 (West 2006)). In support of its motion, CPD submitted the affidavits of Officer Matthew Sandoval and Lieutenant…”
Shehadeh v. Madigan, 2013 IL App (4th) 120742 (Ill. App. Ct. 2013). · cites it 6× “5 ILCS 140/3(a) (West 2012). However, pursuant to section 3(g), a public body may decline to comply with a FOIA request “calling for all records falling within a category” if “compliance with the request would be unduly burdensome for the complying public body and there is no…”
Roxana Cmty. Unit Sch. Dist. No. 1 v. Env't Prot. Agency, 2013 IL App (4th) 120825 (Ill. App. Ct. 2013). · cites it 4× “” 5 ILCS 140/3(a) (West 2010). Where such a request for public records is made, section 3(d) of FOIA mandates that “[e]ach public body shall, promptly, either comply with or deny a request for public records within [five] business days after its receipt *** unless the time for…”
Stern v. Wheaton-Warrenville Cmty. Unit Sch. Dist. 200, 910 N.E.2d 85 (Ill. 2009). · cites it 2× “) 5 ILCS 140/3(a) (West 2006). No dispute exists that the District is a “public body” subject to the Act’s disclosure requirements.”
Hites v. Waubonsee Cmty. Coll., 2018 IL App (2d) 170617 (Ill. App. Ct. 2018). · cites it 3× “Plaintiff argues that, under the FOIA, exceptions to disclosure should be read narrowly, including the "unduly burdensome" exception under section 3(g) ( 5 ILCS 140/3(g) (West 2016) ). He argues that WCC failed to establish any of the three necessary elements of an undue burden:…”
Garlick v. Bloomingdale Twp., 2018 IL App (2d) 171013 (Ill. App. Ct. 2018). · cites it 3× “est and not a continuation of his June 19, 2017, request because (1) in the first request, plaintiff had asked for all publicly disclosable property-assessment data within the township's CAMA database, in its native file format (which plaintiff believed was the Microsoft SQL…”
Better Gov't Ass'n v. Illinois High Sch. Ass'n, 2017 IL 121124 (Ill. 2017). · cites it 2× “" 5 ILCS 140/3(a) (West 2014). As defined in the FOIA, the term "[p]ublic 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…”
Chicago Sun-Times v. Cook Cnty. Health & Hosp. Sys., 2022 IL 127519 (Ill. 2022). · cites it 2× “” 5 ILCS 140/3(d) (West 2018). When a person has been denied access to a public record, he “may file suit for injunctive or declaratory relief” and may seek attorney fees and civil penalties from the public body.”
Show all 129 citing cases →
— 5 ILCS 140/3(a) — 78 cases
Stern v. Wheaton-Warrenville Cmty. Unit Sch. Dist. 200, 910 N.E.2d 85 (Ill. 2009). “) 5 ILCS 140/3(a) (West 2006). No dispute exists that the District is a “public body” subject to the Act’s disclosure requirements.”
Better Gov't Ass'n v. Illinois High Sch. Ass'n, 2017 IL 121124 (Ill. 2017). “" 5 ILCS 140/3(a) (West 2014). As defined in the FOIA, the term "[p]ublic 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…”
S. Illinoisan v. Illinois Dep't of Pub. Health, 844 N.E.2d 1 (Ill. 2006). “On October 28, 1997, plaintiff made a written request, pursuant to the FOIA (5 ILCS 140/3 (West 1998)), that the Department provide plaintiff with copies of documents relating to the incidence of neuroblastoma 1 in Illinois from 1985 to the date of the request.”
People Ex Rel. Birkett v. City of Chicago, 705 N.E.2d 48 (Ill. 1998).
In re Appointment of Special Prosecutor, 2019 IL 122949 (Ill. 2019).
— 5 ILCS 140/3(b) — 4 cases
Gekas v. Williamson, 912 N.E.2d 347 (Ill. App. Ct. 2009).
Peery v. Madison Cnty. State's Attorney's Off., 2020 IL App (5th) 190016-U (Ill. App. Ct. 2020).
Tolbert v. Chicago Police Dep't, 2021 IL App (1st) 200088-U (Ill. App. Ct. 2021).
Harper v. Health Care Serv. Corp., 2023 IL App (1st) 220078-U (Ill. App. Ct. 2023).
— 5 ILCS 140/3(c) — 10 cases
McCready v. Illinois Sec'y of State, 888 N.E.2d 702 (Ill. App. Ct. 2008). “If a public body fails to respond to a request or notify the requester that additional time is required within seven days, the request is considered denied.”
Duncan Publ'g, Inc. v. City of Chicago, 709 N.E.2d 1281 (Ill. App. Ct. 1999).
Nelson v. The Cnty. of Kendall, 2014 IL 116303 (Ill. 2014).
Bocock v. McGuire, 2017 IL App (3d) 150860 (Ill. App. Ct. 2018).
Bocock v. McGuire, 2017 IL App (3d) 150860 (Ill. App. Ct. 2017).
— 5 ILCS 140/3(d) — 17 cases
Green v. Chicago Police Dep't, 2022 IL 127229 (Ill. 2022). “5 ILCS 140/3, 11 (West 2018). This “time-of-request” approach to reviewing FOIA denials is practical and fosters finality.”
Garlick v. Bloomingdale Twp., 2018 IL App (2d) 171013 (Ill. App. Ct. 2018). “est and not a continuation of his June 19, 2017, request because (1) in the first request, plaintiff had asked for all publicly disclosable property-assessment data within the township's CAMA database, in its native file format (which plaintiff believed was the Microsoft SQL…”
Garlick v. Bloomingdale Twp., 2018 IL App (2d) 171013 (Ill. App. Ct. 2019).
Chicago Sun-Times v. Cook Cnty. Health & Hosp. Sys., 2022 IL 127519 (Ill. 2022). “” 5 ILCS 140/3(d) (West 2018). When a person has been denied access to a public record, he “may file suit for injunctive or declaratory relief” and may seek attorney fees and civil penalties from the public body.”
Uptown People's Law Ctr. v. The Dep't of Corr., 2014 IL App (1st) 130161 (Ill. App. Ct. 2014).
— 5 ILCS 140/3(d)(vii) — 2 cases
Kelly v. Vill. of Kenilworth, 2019 IL App (1st) 170780 (Ill. App. Ct. 2019). “In reaching that determination, the reviewing court observed that under section 3(d)(vii) of FOIA (5 ILCS 140/3(d)(vii) (West 1994)), a public body may extend the time for responding to a request due to a need to consult with another public body with a substantial interest in…”
Twin-Cities Broad. Corp. v. Reynard, 661 N.E.2d 401 (Ill. App. Ct. 1996).
— 5 ILCS 140/3(e) — 5 cases
Roxana Cmty. Unit Sch. Dist. No. 1 v. Env't Prot. Agency, 2013 IL App (4th) 120825 (Ill. App. Ct. 2013). “” 5 ILCS 140/3(a) (West 2010). Where such a request for public records is made, section 3(d) of FOIA mandates that “[e]ach public body shall, promptly, either comply with or deny a request for public records within [five] business days after its receipt *** unless the time for…”
Ortiz Eye Assocs., P.C. v. Cincinnati Ins., Inc, 2022 IL App (1st) 211312-U (Ill. App. Ct. 2022).
Balzer v. Ne. Illinois Commuter R.R. Corp., 2026 IL App (1st) 232227 (Ill. App. Ct. 2026).
Tobias v. City of Chicago's Off. of the Mayor, 2026 IL App (1st) 241435-U (Ill. App. Ct. 2026).
Miller v. DuPage Cnty. Sheriff (N.D. Ill. 2019).
— 5 ILCS 140/3(f) — 2 cases
Nat'l Ass'n of Crim. Def. Lawyers v. Chicago Police Dep't, 924 N.E.2d 564 (Ill. App. Ct. 2010). “Moreover, the research required to determine whether each matter remained pending would constitute an undue burden pursuant to section 3(f) of FOIA (5 ILCS 140/3(0 (West 2006)). In support of its motion, CPD submitted the affidavits of Officer Matthew Sandoval and Lieutenant…”
Nat'l Ass'n of Crim. Lawyers v. Chicago Police Dep't (Ill. App. Ct. 2010).
— 5 ILCS 140/3(g) — 16 cases
Kelly v. Vill. of Kenilworth, 2019 IL App (1st) 170780 (Ill. App. Ct. 2019). “In reaching that determination, the reviewing court observed that under section 3(d)(vii) of FOIA (5 ILCS 140/3(d)(vii) (West 1994)), a public body may extend the time for responding to a request due to a need to consult with another public body with a substantial interest in…”
Shehadeh v. Madigan, 2013 IL App (4th) 120742 (Ill. App. Ct. 2013). “5 ILCS 140/3(a) (West 2012). However, pursuant to section 3(g), a public body may decline to comply with a FOIA request “calling for all records falling within a category” if “compliance with the request would be unduly burdensome for the complying public body and there is no…”
Hites v. Waubonsee Cmty. Coll., 2018 IL App (2d) 170617 (Ill. App. Ct. 2018). “Plaintiff argues that, under the FOIA, exceptions to disclosure should be read narrowly, including the "unduly burdensome" exception under section 3(g) ( 5 ILCS 140/3(g) (West 2016) ). He argues that WCC failed to establish any of the three necessary elements of an undue burden:…”
Heinrich v. White, 2012 IL App (2d) 110564 (Ill. App. Ct. 2012).
Chicago Sun-Times v. Cook Cnty. Health & Hosp. Sys., 2022 IL 127519 (Ill. 2022). “” 5 ILCS 140/3(d) (West 2018). When a person has been denied access to a public record, he “may file suit for injunctive or declaratory relief” and may seek attorney fees and civil penalties from the public body.”
— 5 ILCS 140/3(g)(i) — 1 case
DesPain v. City of Collinsville, 888 N.E.2d 163 (Ill. App. Ct. 2008).
— 5 ILCS 140/3(h) — 2 cases
Lenard v. Off. of the Illinois Sec'y of State, 2026 IL App (5th) 241062-U (Ill. App. Ct. 2026).
Tobias v. City of Chicago's Off. of the Mayor, 2026 IL App (1st) 241435-U (Ill. App. Ct. 2026).
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