FOIA’S Reach Extends to Certain Records on Personal Devices of Officials and Employees

Written by Catherine R. Locallo and Tyler J. Bohman

On August 5, 2020, the Appellate Court in Better Government Association v. City of Chicago Office of Mayor, 2020 IL App (1st) 190038, held that text messages and emails that pertain to public business on personal devices or accounts of public officials may subject to the Freedom of Information Act (FOIA). The Appellate Court further held that defendants’ refusal to inquire with their respective officials as to whether their personal accounts contained responsive records was not reasonable. 2020 IL App (1st) 190038.

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