OK to Deny FOIA Request for Nonexistent Records via JD SUPRA

In a recent decision, the Illinois Appellate Court held that the nonexistence of requested documents is an affirmative defense to a complaint grounded in the Freedom of Information Act. The court also clarified that public bodies do not need to provide a detailed factual basis for denying a request when responsive records do not exist. For public bodies, the case is a reminder of the benefits in the FOIA context of implementing a legally compliant records destruction schedule. Read more here.

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