Ill. Admin. Code tit. 2, § 5376.202 - Records that Will Be Withheld from Disclosure
When a request is made to inspect or copy a record that contains information that is otherwise exempt from disclosure under this Section, but also contains information that is not exempt from disclosure, the Agency shall make the remaining information available for inspection and copying. (Section 7(1) of FOIA)
a)
Subject to this requirement and Section 7 of FOIA, the following shall be
exempt from inspection and copying:
1)
Information specifically prohibited from disclosure by federal or State law or
rules and regulations implementing federal or State law; (Section 7(1)(a) of
FOIA)
2) Private information,
unless disclosure is required by another provision of FOIA, a State or federal
law or a court order; (Section 7(1)(b) of FOIA)
3) Files, documents, and other data or
databases maintained by one or more law enforcement agencies and specifically
designed to provide information to one or more law enforcement agencies
regarding the physical or mental status of one or more individual subjects;
(Section 7(1)(b-5) of FOIA)
4)
Personal information contained within records, the disclosure of which would
constitute a clearly unwarranted invasion of personal privacy, unless the
disclosure is consented to in writing by the individual subjects of the
information. "Unwarranted invasion of personal privacy" means the disclosure of
information that is highly personal or objectionable to a reasonable person and
in which the subject's right to privacy outweighs any legitimate public
interest in obtaining the information. The disclosure of information that bears
on the public duties of public employees and officials shall not be considered
an invasion of personal privacy; (Section 7(1)(c) of FOIA)
5) Records in the possession of any public
body created in the course of administrative enforcement proceedings, and any
law enforcement or correctional agency for law enforcement purposes, but only
to the extent that disclosure would:
A)
Interfere with pending or actually and reasonably contemplated law enforcement
proceedings conducted by any law enforcement or correctional agency that is the
recipient of the request;
B)
Interfere with active administrative enforcement proceedings conducted by the
public body that is the recipient of the request;
C) Create a substantial likelihood that a
person will be deprived of a fair trial or an impartial hearing;
D) Unavoidably disclose the identity of a
confidential source, confidential information furnished only by the
confidential source, or persons who file complaints with or provide information
to administrative, investigative, law enforcement, or penal agencies; except
that the Agency will provide traffic accident reports, the identities of
witnesses to traffic accidents, and rescue reports, except when disclosure
would interfere with an active criminal investigation;
E) Disclose unique or specialized
investigative techniques other than those generally used and known, or disclose
internal documents of correctional agencies related to detection, observation
or investigation of incidents of crime or misconduct, and disclosure would
result in demonstrable harm to the Agency;
F) Endanger the life or physical safety of
law enforcement personnel or any other person; or
G) Obstruct an ongoing criminal investigation
by the Agency;(Section 7(1)(d) of FOIA)
6) Records that relate to or affect the
security of correctional institutions and detention facilities; (Section
7(1)(e) of FOIA)
7) Preliminary
drafts, notes, recommendations, memoranda and other records in which opinions
are expressed, or policies or actions are formulated, except that a specific
record or relevant portion of a record shall not be exempt when the record is
publicly cited and identified by the head of the Agency. The exemption provided
in this subsection (a)(7) extends to all those records of officers and agencies
of the General Assembly that pertain to the preparation of legislative
documents; (Section 7(1)(f) of FOIA)
8) Trade secrets and commercial or financial
information obtained from a person or business where the trade secrets or
commercial or financial information are furnished under a claim that they are
proprietary, privileged or confidential, and that disclosure of the trade
secrets or commercial or financial information would cause competitive harm to
the person or business, and only insofar as the claim directly applies to the
records requested. All trade secrets and commercial or financial information
obtained by a public body, including a public pension fund, from a private
equity fund or a privately held company within the investment portfolio of a
private equity fund as a result of either investing or evaluating a potential
investment of public funds in a private equity fund. The exemption contained in
this subsection (a)(8) does not apply to the aggregate financial performance
information of a private equity fund, nor to the identity of the fund's
managers or general partners. The exemption contained in this subsection (a)(8)
does not apply to the identity of a privately held company within the
investment portfolio of a private equity fund, unlessthe disclosure of the
identity of a privately held company may cause competitive harm. Nothing in
this subsection (a)(8) shall be construed to prevent a person or business from
consenting to disclosure; (Section 7(1)(g) of FOIA)
9) Proposals and bids for any contract,
grant, or agreement, including information that if it were disclosed would
frustrate procurement or give an advantage to any person proposing to enter
into a contract or agreement with the body, until an award or final selection
is made. Information prepared by or for the body in preparation of a bid
solicitation shall be exempt until an award or final selection is made;(Section
7(1)(h) of FOIA)
10) Valuable
formulae, computer geographic systems, designs, drawings and research data
obtained or produced by the Agency when disclosure could reasonably be expected
to produce private gain or public loss. The exemption for "computer geographic
systems" provided in this subsection (a)(10) does not extend to requests made
by news media as defined in Section
5376.102 when the
requested information is not otherwise exempt and the only purpose of the
request is to access and disseminate information regarding the health, safety,
welfare or legal rights of the general public;(Section 7(1)(i) of
FOIA)
11) The following information
pertaining to educational matters:
A) Test
questions, scoring keys, and other examination data used to administer an
academic exam;
B) Information
received by a primary or secondary school, college, or university under its
procedure for the evaluation of faculty members by their academic
peers;
C) Information concerning a
school's or university's adjudication of student disciplinary cases, but only
to the extent that disclosure would unavoidably reveal the identity of the
student; and
D) Course materials or
research materials used by faculty members; (Section 7(1)(j) of FOIA)
12) Architects' plans and
engineers' technical submissions, and other construction related technical
documents for projects not constructed or developed in whole or in part with
public funds and for projects constructed or developed with public funds,
including but not limited to power generating and distribution stations and
other transmission and distribution facilities, water treatment facilities,
airport facilities, sport stadiums, convention centers, and all government
owned, operated, or occupied buildings, but only to the extent that disclosure
would compromise security;(Section 7(1)(k) of FOIA)
13) Minutes of meetings of public bodies
closed to the public as provided in the Open Meetings Act [5 ILCS 120 ] until
the public body makes the minutes available to the public under Section 2.06 of
the Open Meetings Act;(Section 7(1)(l) of FOIA)
14) Communications between the Agency and an
attorney or auditor representing the Agency that would not be subject to
discovery in litigation, and materials prepared or compiled by or for the
Agency in anticipation of a criminal, civil or administrative proceeding upon
the request of an attorney advising the Agency, and materials prepared or
compiled with respect to internal audits of the Agency; (Section 7(1)(m) of
FOIA)
15) Records relating to the
Agency's adjudication of employee grievances or disciplinary cases; however,
this exemption shall not extend to the final outcome of cases in which
discipline is imposed; (Section 7(l)(n) of FOIA)
16) Administrative or technical information
associated with automated data processing operations, including but not limited
to software, operating protocols, computer program abstracts, file layouts,
source listings, object modules, load modules, user guides, documentation
pertaining to all logical and physical design of computerized systems, employee
manuals, and any other information that, if disclosed, would jeopardize the
security of the system or its data or the security of materials exempt under
this Section; (Section 7(1)(o) of FOIA)
17) Records relating to collective
negotiating matters between the Agency and its employees or representatives,
except that any final contract or agreement shall be subject to inspection and
copying; (Section 7(1)(p) of FOIA)
18) Test questions, scoring keys, and other
examination data used to determine the qualifications of an applicant for a
license or employment; (Section 7(1)(q) of FOIA)
19) The records, documents and information
relating to real estate purchase negotiations until those negotiations have
been completed or otherwise terminated. With regard to a parcel involved in a
pending or actually and reasonably contemplated eminent domain proceeding under
the Eminent Domain Act [735 ILCS 30 ], records, documents and information
relating to that parcel shall be exempt except as may be allowed under
discovery rules adopted by the Illinois Supreme Court. The records, documents
and information relating to a real estate sale shall be exempt only until a
sale is consummated; (Section 7(1)(r) of FOIA)
20) Any and all proprietary information and
records related to the operation of an intergovernmental risk management
association or self-insurance pool or jointly self-administered health and
accident cooperative or pool. Insurance or self-insurance (including any
intergovernmental risk management association or self-insurance pool) claims,
loss or risk management information, records, data, advice or communications;
(Section 7(1)(s) of FOIA)
21)
Information contained in or related to examination, operating, or
conditionreports prepared by, on behalf of, or for the use of a public body
responsible for the regulation or supervision of financial institutions or
insurance companies, unless disclosure is otherwise required by State law;
(Section 7(1)(t) of FOIA)
22)
Information that would disclose or might lead to the disclosure of secret or
confidential information, codes, algorithms, programs or private keys intended
to be used to create electronic or digital signatures under the Electronic
Commerce Security Act [5 ILCS 175 ]; (Section 7(1)(u) of FOIA)
23) Vulnerability assessments, security
measures, and response policies or plans that are designed to identify,
prevent, or respond to potential attacks upon a community's population or
systems, facilities, or installations, the destruction or contamination of
which would constitute a clear and present danger to the health or safety of
the community, but only to the extent that disclosure could reasonably be
expected to jeopardize the effectiveness of the measures or the safety of the
personnel who implement them or the public. Information exempt under this
subsection (a)(23) may include such things as details pertaining to the
mobilization or deployment of personnel or equipment, to the operation of
communication systems or protocols, or to tactical operations; (Section 7(1)(v)
of FOIA)
24) Information about
students exempted from disclosure under Section 10-20.38 or 34-18.29 of the
School Code, and information about undergraduate students enrolled at an
institution of higher education exempted from disclosure under Section 25 of
the Illinois Credit Card Marketing Act of 2009 [110 ILCS 26 ]. (Section 7(1)(z)
of FOIA)
b) A record
that is not in the possession of the Agency but is in the possession of a party
with whom the Agency has contracted to perform a governmental function on
behalf of the Agency, and that directly relates to the governmental function
and is not otherwise exempt under FOIA, shall be considered a record of the
Agency for purposes of Subpart C. (Section 7(2) of FOIA)
Notes
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