Security, Freedom of Information Act, FOIA

What is FOIA?

The Illinois Freedom of Information Act (5 ILCS 140/), usually referred to as FOIA, provides that all public records must be available for public inspection, unless there is a compelling reason not to release the information. It also specifies state universities as subject to the statute.

According to the statute, "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. 

FOIA presumes that any public record is subject to public disclosure, unless it falls into one of a few specified categories. Records exempt from disclosure include employee personal information such as home address or personal phone number and email address, or other information that would constitute an unwarranted invasion of individual privacy.  It also includes information where disclosure is prohibited by law, such as health information and personal financial information. A record request that is so broad or complex as to place an undue burden on the public body to respond is also exempted from fulfillment.

Additional information is available at Illinois Freedom of Information Act.

What should I do if I receive a FOIA request?

All Freedom of Information requests to the University of Illinois System or any of the three universities are processed by External Relations and Communications (ERC) at the System Offices. There are complex privacy, logging, and time requirements that must be followed to comply with the law. No one outside of that office is authorized to respond to FOIA requests. 

If you receive a FOIA request, immediately refer the request to the ERC office at foia@uillinois.edu or call (217) 333-6400.

Upon receipt of a FOIA request, staff from the ERC office may contact you to discuss the request and any documents that must be provided.

Is everything on my work computer subject to be disclosed under FOIA?

Users should assume that everything saved on a university-owned computer is subject to disclosure under FOIA; this includes personal data.

The Campus Administrative Manual (CAM) states the following in its Appropriate Use of Information and Technology Resources Policy:

E. Comingling of private, personal technologies and data with I&T Resources by Staff:

1. Private or personal data stored, combined, and/or sent with I&T Resources are subject to the same laws and policies that govern I&T Resources.
2. Using personal technologies, devices, or data for official University business subjects them to all university standards, policies, controls, management capabilities, and legal requirements.
   1. Any such uses could give rise to a situation compelling the university to access, search, archive, or disclose any such information or data in response to a lawful request. Applicable laws include, but are not limited to, the Illinois Freedom of Information Act(FOIA).

With that understanding, the university does make an effort to separate personal information of employees from work product, and has a policy and a process for accessing another person's documents. However, users are advised to operate their work computers with the knowledge that the systems are owned by the university and with the assumption that everything on them may be accessed or disclosed at the university's option. If you want assurance that your personal information will not be seen by others, do not put it on your university system.