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HB 2792

FOIA-USER VERIFICATION

104th Regular Session Introduced by Suzanne Ness

Public bodies with online FOIA portals must use CAPTCHA or similar human-verification to curb automated requests, reducing burden but raising accessibility/privacy concerns.

Rule 19(a) / Re-referred to Rules Committee
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Bill Summary · HB 2792

Summary — HB 2792 (FOIA — Requester Verification)

Status: Introduced (104th General Assembly, Illinois) — Rep. Suzanne M. Ness, primary sponsor
Bill citation (as introduced): Adds 5 ILCS 140/2.26 to the Freedom of Information Act
Introduced: February 6, 2025. Most recent procedural note in provided materials: Rule 19(a) / Re‑referred to Rules Committee (March 21, 2025).

Purpose

HB 2792 requires public bodies that accept Freedom of Information Act (FOIA) requests through an electronic submission system to implement a CAPTCHA test or a “similar measure” to verify that each electronically submitted request is being made by a human. The intent is to deter automated, bulk, or malicious submissions and reduce burdens on FOIA processing systems.

Key provisions

  • Adds a new section (5 ILCS 140/2.26) to the Illinois FOIA.
  • Requires a public body that uses an electronic FOIA submission system to employ:
    • a CAPTCHA test, or
    • other similar measures, to verify that electronically submitted FOIA requests originate from a human user.

The introduced text is short and does not specify:
- particular types of CAPTCHA or technical standards,
- exceptions or alternative verification methods,
- accommodations for people with disabilities,
- enforcement mechanisms or penalties for noncompliance,
- implementation timelines or cost provisions.

Who would be affected

  • State agencies, municipalities, school districts, and other “public bodies” subject to Illinois FOIA that offer an online FOIA submission portal.
  • FOIA officers and IT departments responsible for maintaining electronic request systems.
  • Requesters who submit FOIA requests electronically (general public, journalists, researchers).
  • Potentially third‑party vendors providing FOIA portals.

Potential impacts and issues

  • Benefits: May reduce automated/bulk/spam FOIA submissions, lower processing burden, and mitigate denial‑of‑service or scraping activity.
  • Concerns:
    • Accessibility: Traditional CAPTCHAs can create barriers for users with visual, motor, or cognitive disabilities; the bill does not specify accessibility accommodations (risk of ADA/Section 504 implications).
    • Privacy: Some CAPTCHA solutions collect user data (cookies, device fingerprints); public bodies would need to assess privacy/security implications.
    • Implementation costs and operational changes for smaller public bodies or those using legacy systems.
    • Lack of specificity: The phrase “or other similar measures” leaves scope broad and could lead to inconsistent implementations.

Procedural / timeline notes

  • Introduced Feb 2025 (Rep. Suzanne Ness). Assigned and read in committee; procedural entries show multiple referrals and reassignments (including to Rules and Criminal Jurisprudence in provided materials). Status should be checked in the Illinois General Assembly docket for current posture and any amendments.

Additional note

The materials supplied also include unrelated bill text from another state addressing student disciplinary procedures (Arizona HB 2792). That text appears to be a distinct bill and is not part of the Illinois FOIA measure summarized above.

Compiled from official sources — confirm details with the bill’s official record.

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