Illinois Freedom of Information Act The Basics of FOIA 2015

FOIA’s Basic Structure Any document possessed by a public body = public record “Pertaining to the transaction of public business” Covers more than paper Electronically stored information Audio/video recordings Photos 1

Personal s/Devices If you are conducting University business through a personal account(e.g., gmail, hotmail, yahoo) or personal device, then the University-related communications are subject to FOIA, regardless of whether they are generated on private equipment or in personal accounts. “... it’s a position of our office [Illinois Attorney General’s Office] that if you transact public business even if it’s on a personal device, such as a cell phone, tablet, or personal computer, that it really depends on the content of the communication and that even if it’s on a personal device if you are a public employee that would still be a public record.” Sarah Pratt, Public Access Counselor Illinois Attorney General’s Office August 19, 2015

FOIA’s Basic Structure No prohibition against using personal for University work However, those s are subject to FOIA and must be produced if requested

FOIA’s Basic Structure Presumption is that a public record is available for inspection or copying upon request Means, document in our possession is going to be released unless some or all of the information it contains is... EXEMPT from disclosure

FOIA Exemptions Prohibited under state or federal law FERPA; HIPAA Private information SSN; personal address; personal phone number Personal information Unwarranted invasion of personal privacy outweighs legitimate public interest in a record

FOIA Exemptions, cont. Other Exemptions: Drafts and “Deliberative Process” information Attorney/Client Privileged Information Trade Secrets Research materials Certain law enforcement records Responses may be appealed to the Public Access Counselor-- IL Attorney General’s Office

FOIA Processing All FOIAs are processed centrally through the Office for University Relations We received over 850 FOIA requests in 2014 and produced over 100,000 pages 760 received as of Sept 10, 2015 If you receive a FOIA directly, please it to We usually work with Public Affairs to process FOIA requests directed to Urbana units

The Life of a FOIA Request 1.The FOIA is reviewed by University Relations staff and assigned to be processed by a FOIA Coordinator. 2.The people/units that may have the responsive records are contacted. 3.The responsive records are reviewed. Legal counsel consultation is sought, if necessary. 4.Exempt material is redacted. 5.The response letter is drafted and the letter and responsive records are sent out. 6.Response letters are posted in a log on the OUR website:

FOIA Processing 5 business days to respond--may be extended for an additional 5 day period, if needed. Additional time for commercial requests Voluminous requests Unduly burdensome requests

Practical Issues with FOIA Processing Embarrassing/regretful statements are not exempt Unrecorded phone calls and face to face conversations are NOT subject to FOIA Documents that no longer exist are not covered by FOIA

Practical Issues with FOIA Processing Lync messages are FOIA-able If you deal with donors, make them aware about the potential of public disclosure Third parties performing a governmental function

Practical Issues with FOIA Processing FOIA does not require you to create records (accessing information in a database or running a report is not creating records) If you give us information, do not put it in the body of an responding to our inquiry Remember, under FOIA, it doesn’t matter: Where you store the information Why the request was made Who the requestor is

Remember—We’re on Your Side!! Thomas Hardy—University Relations: Ginny Hudak-David—University Relations: Kathy McCarthy—University Relations: Laura Clower—University Counsel: FOIA Coordinators: Jaclyn Banister—Urbana Public Affairs: Jenny Fontaine—UIC Public Affairs: Melanie Kuehn—University Relations: Jill Weathers—University Relations: Mel Bonds—University Relations