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Kwame Raoul

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Non-Binding Determination Letters-FOIA

In addition to issuing binding opinions, PAC resolves thousands of matters each year through mediation and non-binding determination letters. Below are illustrative examples of some of PAC's non-binding determination letters; additional past and present determination letters will be posted to this page from time to time.

2 - Definitions

2(a) - Definition of public body
Exclusion of judiciary
Exclusion of non-profits, federal agencies, individual aldermen, etc.
2(b) - Definition of "person"
Persons acting as a group
2(c) - Definition of "public records"
2(c-5) - Definition of "private information"
2(c-10) - Definition of "commercial purpose"
2(d) - Definition of "copying"
2(e) - Definition of "head of public body"
2(f) - Definition of "news media"
2(g) - Definition of "recurrent requester"
2(h) - Definition of "voluminous request"

2.5 - Obligation/receipt/use of public funds

2.15 – Arrest reports and criminal history records

2.20 – Severance and settlement agreements

3 – Standard process for receiving and responding to requests

3(c) - Submission/receipt of requests
3(d) - Standard response procedure
Completeness of response/reasonableness of search
Personal accounts and devices
Data requests
Doesn't identify records/asks questions
3(e) - Extending time for response
Statutory right to extend time for response
May reach written agreement for longer extension
3(f) - Consequences of failure to timely respond
3(g) - Unduly burdensome requests
Categorical requests
Repeated requests
Combining requests
Strong public interest
Duty to confer

3.2 – Recurrent requester response procedure

3.3 – No duty to interpret or advise about records

3.5 – FOIA officer procedures and training

Designees

3.6 – Voluminous request response procedure

6 – Fees

6(a) - Electronic format
6(a-5) - Voluminous request fees
6(b) - Paper copies
Fee fixed by statute
6(c) - Discretion to waive or reduce fees in the public interest
6(f) - Personnel fees for commercial requests

7(1) – Obligation to disclose non-exempt portions of records that contain information subject to redaction

7(1) – Exemptions, which permit redacting/withholding exempt information/records

7(1)(a) - "Information specifically prohibited from disclosure"
Waiver
Protective orders and sealed records
7(1)(b) - Private information
7(1)(b-5) - Data notifying law enforcement regarding mental and physical status of subjects
7(1)(c) - Unwarranted invasion of personal privacy
Highly personal information
Compelling public interest in disclosure
Information that bears on public duties of public officials and employees
7(1)(d) - Law enforcement purposes and administrative enforcement proceedings
7(1)(d)(i) - Interfere with law enforcement proceedings
7(1)(d)(ii) - Interfere with administrative enforcement proceedings
7(1)(d)(iii) - Deprive of fair trial/impartial hearing
7(1)(d)(iv) - Confidential sources and other witnesses
7(1)(d)(v) - "Unique or specialized investigative techniques"
7(1)(d)(vi) - Endanger life or safety
7(1)(d)(vii) - Obstruct ongoing criminal investigation
7(1)(d-5) - Law enforcement record accessible only through shared electronic record management system
7(1)(d-6) - Officer Professional Conduct Database records
7(1)(d-7) - Automatic license plate readers (ALPR)
7(1)(e) - Security of prisons and jails
7(1)(f) - Deliberative process
Communications with third parties
Members of the public
References, survey takers
Inter-agency communications
Consultants for public body
Self-interested parties
Exception for purely factual material
Exception when cited and identified by head of public body
7(1)(g) - Trade secrets, commercial or financial information
7(1)(h) - Proposals and bids
7(1)(i) - Valuable formulae, computer geographic systems, research data, etc. that would produce private gain or public loss
7(1)(j) - Educational matters
7(1)(k) - Architectural, engineering, construction related technical records
7(1)(l) - Closed session minutes under Open Meetings Act
7(1)(m) - Confidential communications and privileged material
Attorney-client privilege and work product
Internal audits
7(1)(n) - Adjudication of employee discipline and grievances
7(1)(o) - Automated data processing operations info i.e. software, user guides
7(1)(p) - Collective negotiating matters
7(1)(q) - Test scores/data used to assess applicant for license or employment
7(1)(r) - Real estate purchase negotiations, real estate sales
7(1)(s) - Insurance
7(1)(t) - Reports prepared for regulation or supervision of financial institutions, insurance companies, or pharmacy benefit managers
7(1)(u) - Secret or confidential information, codes, algorithms, programs, or private keys intended to be used to create electronic signatures
7(1)(v) - Homeland security assessments, measures, response plans
7(1)(x) - Maps and other records re: location or security of facilities owned by utilities/power generators/Illinois Power Agency
7(1)(dd) - Sections 11-8 and 11-9 of Illinois Public Aid Code
7(1)(ee) - Personal info of minors in programming at park districts, forest preserve districts, conservation districts, recreation agencies, special recreation associations
7(1)(kk) - Public body’s credit card, debit card, bank account, Federal Employer Identification, and security code numbers, passwords, and similar account information that could be used for identity theft or fraud
7(1)(ll) - Records concerning the work of the threat assessment team of a school district

7(2) – Records in possession of entity contracted to perform governmental function

7.5 – Statutory exemptions

7.5(b) - Library Records Confidentiality Act
7.5(h) - State Officials and Employees Ethics Act and local inspectors general
7.5(k) - Section 11-212 of the Illinois Vehicle Code
7.5(q) - Personnel Record Review Act
7.5(r) - Illinois School Student Records Act
Own children/student incidents
Masked records/data
7.5(v) - Firearm Owners Identification Card Act, Firearm Concealed Carry Act
7.5(w) - Section 19.1 of the Toll Highway Act
7.5(y) - Adult Protective Services Act
7.5(aa) - Section 2.37 of the Wildlife Code
7.5(bb) - Juvenile Court Act of 1987
7.5(cc) - Law Enforcement Officer-Worn Body Camera Act
Not flagged, not subject
Definition of "subject of encounter"
Flagged, reasonable expectation of privacy
Definition of "bodily harm"
7.5(rr) - Cannabis Regulation and Tax Act
7.5(tt) - Recordings made under the Children’s Advocacy Center Act
7.5(yy) - Illinois Educational Labor Relations Act
7.5(zz) - Illinois Public Labor Relations Act
7.5(bbb) - Illinois Police Training Act and Illinois State Police Act

8.5 – Records maintained online

8.5(a) - Not required to copy record posted on website
8.5(b) - When record not reasonably accessible on website

9 – Denial letter requirements

9.5 – Request for Review process

9.5(a)
Signature requirement
Request denied in past 60 days
9.5(b) - Exclusion of commercial requesters
9.5(c) - Cooperation with PAC and confidentiality of records submitted
9.5(f) - PAC's discretion to issue binding opinions or resolve by other means
9.5(g) - Cannot pursue FOIA lawsuit at same time as Request for Review