Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 5051 - ACCESS TO RECORDS OF THE BOARD OF HIGHER EDUCATION › Subpart B - CLASSIFICATION OF RECORDS › Section 5051.202 - 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
				  Board 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 Board 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 Board;
F) Endanger the life or physical safety of
				law enforcement personnel or any other person; or
G) Obstruct an ongoing criminal investigation
				by the Board; (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 Board. 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, unless the 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 Board 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
				5051.102 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 Board and an
				attorney or auditor representing the Board that would not be subject to
				discovery in litigation, and materials prepared or compiled by or for the Board
				in anticipation of a criminal, civil or administrative proceeding upon the
				request of an attorney advising the Board, and materials prepared or compiled
				with respect to internal audits of the Board; (Section 7(1)(m) of
				FOIA)
15) Records relating to the
				Board'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)
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 Board 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 condition
				reports 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) 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)
25) 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)
26) 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)
27) Information the disclosure of which is
				exempted under the Viatical Settlements Act of 2009 [215 ILCS 158 ]; (Section
				7(1)(aa) of FOIA)
28) 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)(bb) of FOIA)