Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1828 - ACCESS TO PUBLIC RECORDS OF THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY › Subpart B - CLASSIFICATION OF PUBLIC RECORDS › Section 1828.202 - Public Records that Will Not Be Disclosed

Current through Register Vol. 48, No. 28, July 12, 2024
a) When a request is made to inspect or copy
				a public 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)(a) of FOIA) Subject to this requirement,
				the Agency shall not disclose the following public records:
1) Public records exempt from disclosure
				pursuant to Section 7 of FOIA, including but not limited to:
A) 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)
B) 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)
C)
				Personal information contained within public 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. 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)
D) 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:
i)
				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;
ii)
				Interfere with active administrative enforcement proceedings conducted by the
				public body that is the recipient of the request;
iii) Create a substantial likelihood that a
				person will be deprived of a fair trial or an impartial hearing;
iv) 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 identities of witnesses to traffic accidents, traffic accident
				reports, and rescue reports shall be provided by agencies of local government,
				except when disclosure would interfere with an active criminal investigation
				conducted by the agency that is the recipient of the request;
v) 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 or public body that is the recipient
				of the request;
vi) Endanger the
				life or physical safety of law enforcement personnel or any other person;
				or
vii) Obstruct an ongoing
				criminal investigation by the agency that is the recipient of the request.
				(Section 7(1)(d) of FOIA)
E) 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 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)
F) 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; (Section 7(1)(g) of FOIA)
G) Proposals and bids for any contract,
				grant, or agreement, including information which if it were disclosed would
				frustrate procurement or give an advantage to any person proposing to enter
				into a contractor 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)
H)
				Valuable formulae, computer geographic systems, designs, drawings and research
				data obtained or produced by any public body when disclosure could reasonably
				be expected to produce private gain or public loss. The exemption for "computer
				geographic systems" provided in this subparagraph (H) does not extend to
				requests made by new media as defined in Section
				1828.102 of this Part
				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)
I) 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)
J) Minutes of meetings of public bodies
				closed to the public as provided in the Open Meetings Act 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)
K) 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 public bodies; (Section 7(1)(m) of
				FOIA)
L) 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)
M) 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)
N) Records relating to collective negotiating
				matters between public bodies and their employees or representatives, except
				that any final contract or agreement shall be subject to inspection and
				copying; (Section 7(1)(p) of FOIA)
O) 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)
P) 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 until a sale is
				consummated; (Section 7(1)(r) of FOIA) and
Q) 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); or