Ill. Admin. Code tit. 2 § 1301.202

Current through Register Vol. 48, No. 49, December 6, 2024

Section 1301.202 - Records that Will Be Withheld from Disclosure

a) Information and data that meet one or more exemption as set forth in Section 7 of FOIA will be withheld. If it is not unduly burdensome, as defined in Section 1301.402, to redact exempt information and data from a record and produce a redacted copy of the record, the exempt information may be redacted and the redacted record produced as provided for in Section 7 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)

c)When a request is made to inspect or copy a public record that contains information that is 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).

Ill. Admin. Code tit. 2, § 1301.202

Added at 35 Ill. Reg. 6066, effective March 25, 2011

Amended at 48 Ill. Reg. 10197, effective 6/28/2024