Current through Register Vol. 48, No. 12, March 22, 2024
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 may elect to redirect the information that is exempt. 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 Showings of
interest submitted to the Board in conjunction with petitions in representation
cases, and materials generated by the Board's investigations of such
showings;
2 Position statements and
evidence submitted to the Board in the course of any investigation in an unfair
labor practice proceeding;
3 Marked
ballots, voting lists and other records potentially identifying voters or
non-voters and the character of their votes in secret ballot elections
conducted by the Board;
4 Position
statements and evidence submitted to the Board in the course of any
investigation of objections to elections;
5 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)
6 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)
7 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)
8 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)
9 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)
10 Records that relate to or affect the
security of correctional institutions and detention facilities; (Section
7(1)(e) of FOIA)
11 Records
requested by persons committed to the Department of Corrections if those
materials are available in the library of the correctional facility where the
inmate is confined; (Section 7(1)(e-5) of FOIA)
12 Records requested by persons committed to
the Department of Corrections if those materials include records from staff
members' personnel files, staff rosters, or other staffing assignment
information; (Section 7(1)(e-6) of FOIA)
13 Records requested by persons committed to
the Department of Corrections if those materials are available through an
administrative request to the Department of Corrections; (Section 7(1)(e-7) of
FOIA)
14 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)(14) 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)
15 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)(15) 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)(15) does not apply to the identity of a
privately held company within the investment portfolio of a private equity
fund, unless the disclosure of the identity of a privately held company may
cause competitive harm. Nothing in this subsection (a)(15) shall be construed
to prevent a person or business from consenting to disclosure; (Section 7(1)(g)
of FOIA)
16 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)
17 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)(17) does not extend to requests made by news media as defined in
Section
2501.120 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)
18 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)
19 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)
20 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)
21 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)
22 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(1)(n) of FOIA)
23 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)
24 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)
25 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)
26 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)
27 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)
28
Information contained in or related to examination, operating, or condition
reports prepared by, on behalf of, or for the use of an Agency 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)
29 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)
30 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)(30) 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)
31 Maps and other records
regarding the location or security of generation, transmission, distribution,
storage, gathering, treatment, or switching facilities owned by a utility, by a
power generator, or by the Illinois Power Agency; (Section 7(1)(x) of
FOIA)
32 Information contained in
or related to proposals, bids, or negotiations related to electric power
procurement under Section 1-75 of the Illinois Power Agency Act [20 ILCS 3855 ]
and Section 16-111.5 of the Public Utilities Act [220 ILCS 5 ] that is
determined to be confidential and proprietary by the Illinois Power Agency or
by the Illinois Commerce Commission; (Section 7(1)(y) of FOIA)
33 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)
34 Information the disclosure of which is
exempted under the Viatical Settlements Act of 2009 [215 ILCS 158 ]; (Section
7(1)(aa) of FOIA)
35 Records and
information provided to the mortality review team and records maintained by
mortality review team appointed under the Department of Juvenile Justice
Mortality Review Team Act; (Section 7(1)(bb) of FOIA).
36 Information regarding interments,
entombments, or inurnments of human remains that are submitted to the Cemetery
Oversight Database under the Cemetery Care Act [760 ILCS 100 ] or the Cemetery
Oversight Act [225 ILCS 411 ], whichever is applicable; (Section 7(1)(cc) of
FOIA)
37 Correspondence and records
that may not be disclosed under Section 11-9 of the Public Aid Code or that
pertains to appeals under Section 11-8 of the Public Aid Code; (Section
7(1)(dd) of FOIA)
38 The names,
addresses, or other personal information of persons who are minors and are also
participants and registrants in programs of park districts, forest preserve
districts, conservation districts, recreation agencies, and special recreation
associations; (Section 7(1)(ee) of FOIA)
39 The names, addresses, or other personal
information of participants and registrants in programs of park districts,
forest preserve districts, conservation districts, recreation agencies, and
special recreation associations where such programs are targeted primarily to
minors; and (Section 7(1)(ff) of FOIA)
40 Confidential information described in
Section 1-100 of the Illinois Independent Tax Tribunal Act of 2012 [35 ILCS
1010 ]. (Section 7(1)(gg) of FOIA)