Make public access law work for all

Changes to the Illinois Freedom of Information Act have become the latest thorn in the side of some government bodies. As of Jan. 1, they have less time to answer requests for public records and must pay large fines for violations. The revisions also make it more difficult for governments to deny a request.

It's tough business, this democracy.

We again stress our satisfaction that the law eliminates many of the obstacles to public access, and we encourage local leaders to quickly become familiar with it. The changes are a step toward real transparency and one of the few ethics reforms that emerged from the statehouse.

They also were long overdue. When Illinois adopted its first sunshine law in 1984, it was among the last states to do so. These revisions 25 years later strengthened the weak and unenforceable original law.

Now those revisions are in the hands of local governments. Some, like the city of Geneva, may be inclined to be overly cautious. Geneva, like other communities, sends city news and information through mass e-mails to anyone who signs up. Last month, a memo told subscribers that because of the new provisions, their personal e-mail addresses could be made public through an FOI request. Some 200 people promptly dropped their subscriptions.

However, personal e-mail addresses are listed among several exemptions - private information like Social Security numbers, personal phone numbers and medical records - that don't have to be made public. While the previous law had dozens of exemptions, the new one narrows and clarifies what cannot be disclosed, says Cara Smith, who oversees the attorney general's Public Access Bureau.

It also raises the scrutiny when public bodies are seeking a reason for denial. If a dispute arises, the attorney general will mediate and make a decision if necessary.

Under the law, government entities can remove personal information that is exempted. That's difficult in the case of e-mails, though, because a municipality may have no way of distinguishing between private and nonexempt addresses, such as a business address.

Most e-mailers don't want spam and other inbox clutterers. Some avoid that by using an e-mail account for village updates or electronic ads while keeping another for more selective use. That's a good option for people like the 200 who withdrew from Geneva's list.

Our local governments will need to work harder or, even better, smarter. The weightier law will help hold government accountable. It was enacted to ensure honest government and to help us all make informed political choices. Use it. Make it work. If you need help, call (877) 299-3642, or e-mail publicaccess@atg.state.il.us.

As new laws require government to be more open, there are bound to be growing pains. But transparency shouldn't translate into less government service.