Most states have laws—statutes that are sometimes referred to as Acts—that make most government records open to the public. These laws are similar to the federal Freedom of Information Act (FOIA) and are often known as open records acts or public information acts.

These public information or open records acts provide a mechanism for citizens to inspect or copy government records—and provide the governmental bodies from whom the records are requested with the right to withhold government records from the public in certain instances.

Public information or open records acts generally require a governmental entity to release information in response to a request for information. But if a governmental entity determines the information is excepted from disclosure under the law, then both the request and the information at issue must be reviewed by another governmental division. The reviewing division will issue a decision on whether the governmental entity is permitted to withhold the requested information or must release the information to the requestor (often a citizen or member of the media).

These public information or open records laws vary from state to state and are usually located in a state’s statutes.

In Illinois, the primary law governing public access to government records is the Illinois Freedom of Information Act (FOIA), which is similar to the federal FOIA. This Act provides the public with the right to access documents and records produced by state and local government entities. Under the Illinois FOIA, public bodies are required to disclose requested information unless it falls under a specific exemption outlined in the Act. These exemptions include but are not limited to personal privacy, law enforcement proceedings, and trade secrets. When a request is made, the public body has five business days to respond, with the possibility of a five-day extension under certain circumstances. If a request is denied, the requester can seek review by the Public Access Counselor within the Illinois Attorney General's office or file a lawsuit in the circuit court to challenge the denial. The Public Access Counselor can review the case and issue a binding opinion on whether the information should be released or if the public body is justified in withholding it.