Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2905 - ACCESS TO RECORDS OF THE ILLINOIS COUNCIL ON DEVELOPMENTAL DISABILITIES › Subpart B - CLASSIFICATION OF RECORDS › Section 2905.110 - Records that Will Be Withheld from Disclosure

Current through Register Vol. 48, No. 28, July 12, 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)