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 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) 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)
4) Trade secrets and commercial or financial
information obtained from a person or business where the trade secrets or
commercial or financial information is furnished under a claim that it is
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)(4) 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)(4)
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)(4) shall be construed to prevent a person or business from
consenting to disclosure; (Section 7(1)(g) of FOIA)
5) 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)
6)
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)
7) 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)
8) 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)
9) 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)
10) 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)
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)