PAC Issues Binding Opinion Requiring Public Body to Release Unlocked Version of Excel Records
The Illinois Attorney General's Public Access Counselor (PAC) issued its first binding opinion for 2025, finding a public entity in violation of FOIA. PAC Op. 25-001
In response
to a FOIA request seeking copies of Microsoft Excel budget workbooks, a
County Housing Authority (Authority) disclosed password-protected locked
versions of responsive workbooks. The requestor subsequently filed a
request for review with the PAC, alleging that the Authority’s disclosure of
password-protected Excel workbooks, instead of unlocked versions of the
workbooks, restricted the functionality of the records, and that the password
prevented the requestor from examining cell contents for additional information
(e.g., formulas and notes). In its response to the PAC, the Authority argued
that it complied with FOIA by disclosing password-protected locked workbooks,
because its workbooks are maintained in a locked format.
In PAC Op. 25-001, the PAC stated that when a requestor seeks records maintained in an electronic format, Section 6(a) of FOIA requires a public body to disclose the electronic records in the format specified by the requestor, unless doing so is not feasible. The PAC further stated that when a requestor asks for a record in Excel format, that means the record must be released in a format that allows the requestor to fully exercise the functions of an Excel program with regard to that record. The PAC rejected the Authority’s argument that it complied with FOIA by disclosing password-protected locked workbooks, because the requestor specifically requested records in Excel format, and the Authority did not demonstrate that it was not feasible to unlock the workbooks and disclose unlocked versions to the requestor. Therefore, the PAC concluded that the Authority violated FOIA, because the Authority was required to disclose an unlocked version of the records that allows the requestor to fully access and exercise the functions of the Excel program.
The PAC cited a 2013 Illinois Appellate Court case (summarized here) that found a public body in violation of FOIA where a requestor had specifically asked for an Excel record in an unlocked format but was provided a locked version of that record.
Post Authored by Eugene Bolotnikov & Julie Tappendorf, Ancel Glink
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