What is a request for information made for a commercial purpose?

A commercial request is when the requestor seeks to use part or all of the public records for sale, resale, or solicitation or advertisement for sales or services. Requests by the news media, not-for-profit organizations, scientific or academic institutions are not considered commercial information requests.

Are commercial information requests treated differently?

Yes. A public body has 21 business days to respond to a request for information that is made for a commercial purpose. The public body can either: (1) provide the requested records; (2) advise when the records will be provided and the costs; (3) deny the request (if it falls under an exception); or (4) advise the requestor that the request is unduly burdensome.

Can the public entity charge fees for copies of the information?

Yes, but the fees are limited. For traditional black and white, letter or legal sized copies (8 1/2 x 11 or 11 x 14), the first 50 pages are free, and any additional pages can cost no more than 15 cents a page. For color copies or abnormal size copies, the public body can charge the actual cost of copying.

Requests for public records shall be submitted to the Office of the City Clerk. Pursuant to the Freedom of Information Act (FOIA), (5 ILCS 140/1), the request can be made in writing, by submitting your request online, downloading the online form, or in letter form directed to the Office of the City Clerk. Please provide the following information in your request for public records:

(1) Name, address, telephone number, and email address if possible.
(2) A description of the records sought, being as specific as possible.
(3) If the request is for inspection of records, copies of records, or both.

The City of Springfield must respond to a FOIA request within 5 business days after the receipt of the request. Day 1 of the 5-day time line is the first business day after the request is received by the public body. The date that the request was received by the City does not count as "Day 1.". That time period may be extended for an additional 5 business days from the date of the original due date if:

• The requested information is stored at a different location.
• The request requires the collection of a substantial number of documents.
• The request requires an extensive search.
• The requested records have not been located and require additional effort to find.
• The requested records need to be reviewed by staff who can determine whether they are exempt from FOIA.
• The requested records cannot be produced without unduly burdening the public body or interfering with its operations.
• The request requires the public body to consult with another public body who has substantial interest in the subject matter of the request.

If additional time is needed, the City must notify the requestor in writing within 5 business days after the receipt of the request of the statutory reasons for the extension and when the requested information will be produced.

If the public body does not respond to your request within 5 business days after receiving it, then their inaction is considered a denial of your request. If that occurs, you can either file a Request for Review with the Attorney General's PAC or file a case in court. If you choose to file a Request for Review, the request must be sent to: Public Access Bureau
500 S. 2nd Street
Springfield, IL 62706
217.558.0486, Email Address: publicaccess@atg.state.il.us

For more information on what the PAC will do with your request for review, please view the Guide to the Public Access Counselor.