This site is a research reference, not legal advice. See the FAQ disclaimer for details.

← Back to Opinions & Letters

Can they withhold this?

Every FOIA exemption (5 ILCS 140/7) and OMA exception (5 ILCS 120/2(c)) that appears in this corpus, in plain language, with how often the Public Access Counselor has actuallyupheld vs. rejected a withholding that invoked it. Use this to gauge whether a public body's stated reason is likely to hold up — then read the linked opinions for the real analysis.

Not legal advice, and not a per-exemption ruling. The upheld/rejected count below reflects each document's overall disposition, not a finding specific to that one exemption — a single opinion can discuss several exemptions while the PAC's disposition covers the case as a whole. Treat these counts as a directional signal, not a precedent count. See theFAQ disclaimer.

FOIA exemptions — 5 ILCS 140/7

2.15(c)Arrest-report details may be withheld if disclosure would interfere with law enforcement, endanger safety, or compromise facility security0 upheld1 rejected1 total

Arrest-report details may be withheld if disclosure would interfere with law enforcement, endanger safety, or compromise facility security

0 upheld (no violation found) · 1 rejected (violation found), out of 1 documents citing this exemption.

Example documents

3(g)Unduly burdensome categorical request1 upheld1 rejected2 total

Unduly burdensome categorical request (may be denied if it can't be narrowed and the burden outweighs the public interest)

1 upheld (no violation found) · 1 rejected (violation found), out of 2 documents citing this exemption.

Example documents

7General exemptions provision0 upheld3 rejected3 total

General exemptions provision (cites Sec. 7 as a whole without naming a specific subsection)

0 upheld (no violation found) · 3 rejected (violation found), out of 3 documents citing this exemption.

Example documents

7.5Exempt under another statute0 upheld0 rejected1 partial1 total

Exempt under another statute (cites Sec. 7.5's cross-reference list as a whole without naming a specific subsection)

0 upheld (no violation found) · 0 rejected (violation found) · 1 partial violation, out of 1 documents citing this exemption.

Example documents

7.5(bb)Statutorily-confidential record set referenced via Sec. 7.5(bb)2 upheld0 rejected4 total

Statutorily-confidential record set referenced via Sec. 7.5(bb)

2 upheld (no violation found) · 0 rejected (violation found) · 2 closed / insufficient info / other, out of 4 documents citing this exemption.

Example documents

7.5(cc)Law enforcement body-camera recordings10 upheld1 rejected11 total

Law enforcement body-camera recordings

10 upheld (no violation found) · 1 rejected (violation found), out of 11 documents citing this exemption.

Example documents

See all 11 documents citing 7.5(cc) →

7.5(h)Exempt under the State Officials and Employees Ethics Act1 upheld0 rejected1 total

Exempt under the State Officials and Employees Ethics Act (including inspector general office records)

1 upheld (no violation found) · 0 rejected (violation found), out of 1 documents citing this exemption.

Example documents

7.5(k)Law enforcement officer or driver identification info compiled under the Illinois Vehicle Code1 upheld0 rejected1 total

Law enforcement officer or driver identification info compiled under the Illinois Vehicle Code

1 upheld (no violation found) · 0 rejected (violation found), out of 1 documents citing this exemption.

Example documents

7.5(q)Statutorily-confidential record set referenced via Sec. 7.5(q)0 upheld3 rejected5 total

Statutorily-confidential record set referenced via Sec. 7.5(q)

0 upheld (no violation found) · 3 rejected (violation found) · 2 closed / insufficient info / other, out of 5 documents citing this exemption.

Example documents

7.5(r)Statutorily-confidential record set referenced via Sec. 7.5(r)0 upheld1 rejected5 total

Statutorily-confidential record set referenced via Sec. 7.5(r)

0 upheld (no violation found) · 1 rejected (violation found) · 4 closed / insufficient info / other, out of 5 documents citing this exemption.

Example documents

7.5(v)Statutorily-confidential record set referenced via Sec. 7.5(v)1 upheld0 rejected2 total

Statutorily-confidential record set referenced via Sec. 7.5(v)

1 upheld (no violation found) · 0 rejected (violation found) · 1 closed / insufficient info / other, out of 2 documents citing this exemption.

Example documents

7.5(w)Personally identifiable toll-account info exempted under the Toll Highway Act0 upheld1 rejected1 total

Personally identifiable toll-account info exempted under the Toll Highway Act

0 upheld (no violation found) · 1 rejected (violation found), out of 1 documents citing this exemption.

Example documents

7.5(y)Statutorily-confidential record set referenced via Sec. 7.5(y)2 upheld0 rejected2 total

Statutorily-confidential record set referenced via Sec. 7.5(y)

2 upheld (no violation found) · 0 rejected (violation found), out of 2 documents citing this exemption.

Example documents

7.5(zz)Statutorily-confidential record set referenced via Sec. 7.5(zz)2 upheld0 rejected3 total

Statutorily-confidential record set referenced via Sec. 7.5(zz)

2 upheld (no violation found) · 0 rejected (violation found) · 1 closed / insufficient info / other, out of 3 documents citing this exemption.

Example documents

7(1)General exemption list0 upheld2 rejected2 total

General exemption list (cites the lettered exemptions in Sec. 7(1) without naming a specific one)

0 upheld (no violation found) · 2 rejected (violation found), out of 2 documents citing this exemption.

Example documents

7(1)(a)Federal/State-law confidentiality — or public defender case files, for documents issued under the other amendment version16 upheld23 rejected5 partial54 total

Federal/State-law confidentiality — or public defender case files, for documents issued under the other amendment version (see Sec. 7)

16 upheld (no violation found) · 23 rejected (violation found) · 5 partial violation · 10 closed / insufficient info / other, out of 54 documents citing this exemption.

Example documents

See all 54 documents citing 7(1)(a) →

7(1)(b-5)Law-enforcement databases tracking an individual's physical/mental status0 upheld0 rejected1 partial1 total

Law-enforcement databases tracking an individual's physical/mental status

0 upheld (no violation found) · 0 rejected (violation found) · 1 partial violation, out of 1 documents citing this exemption.

Example documents

7(1)(b)Private information13 upheld56 rejected11 partial88 total

Private information (defined in Sec. 2(c-5) -- e.g. SSNs, driver's license numbers, home addresses in some contexts)

13 upheld (no violation found) · 56 rejected (violation found) · 11 partial violation · 8 closed / insufficient info / other, out of 88 documents citing this exemption.

Example documents

See all 88 documents citing 7(1)(b) →

7(1)(c)Personal privacy19 upheld71 rejected16 partial114 total

Personal privacy (records whose release would be a clearly unwarranted invasion of personal privacy)

19 upheld (no violation found) · 71 rejected (violation found) · 16 partial violation · 8 closed / insufficient info / other, out of 114 documents citing this exemption.

Example documents

See all 114 documents citing 7(1)(c) →

7(1)(d-5)Shared-system law-enforcement records the responding agency didn't create0 upheld1 rejected1 total

Shared-system law-enforcement records the responding agency didn't create

0 upheld (no violation found) · 1 rejected (violation found), out of 1 documents citing this exemption.

Example documents

7(1)(d-7)Automatic license plate reader data0 upheld0 rejected1 total

Automatic license plate reader data

0 upheld (no violation found) · 0 rejected (violation found) · 1 closed / insufficient info / other, out of 1 documents citing this exemption.

Example documents

7(1)(d)Law-enforcement/administrative-proceeding records1 upheld15 rejected17 total

Law-enforcement/administrative-proceeding records (general)

1 upheld (no violation found) · 15 rejected (violation found) · 1 closed / insufficient info / other, out of 17 documents citing this exemption.

Example documents

See all 17 documents citing 7(1)(d) →

7(1)(d)(i)Would interfere with pending/contemplated law-enforcement proceedings3 upheld8 rejected12 total

Would interfere with pending/contemplated law-enforcement proceedings

3 upheld (no violation found) · 8 rejected (violation found) · 1 closed / insufficient info / other, out of 12 documents citing this exemption.

Example documents

See all 12 documents citing 7(1)(d)(i) →

7(1)(d)(ii)Would interfere with active administrative enforcement proceedings3 upheld2 rejected2 partial8 total

Would interfere with active administrative enforcement proceedings

3 upheld (no violation found) · 2 rejected (violation found) · 2 partial violation · 1 closed / insufficient info / other, out of 8 documents citing this exemption.

Example documents

See all 8 documents citing 7(1)(d)(ii) →

7(1)(d)(iii)Would create a substantial likelihood of an unfair trial or hearing0 upheld4 rejected2 partial7 total

Would create a substantial likelihood of an unfair trial or hearing

0 upheld (no violation found) · 4 rejected (violation found) · 2 partial violation · 1 closed / insufficient info / other, out of 7 documents citing this exemption.

Example documents

See all 7 documents citing 7(1)(d)(iii) →

7(1)(d)(iv)Would disclose a confidential source or informant4 upheld7 rejected3 partial16 total

Would disclose a confidential source or informant

4 upheld (no violation found) · 7 rejected (violation found) · 3 partial violation · 2 closed / insufficient info / other, out of 16 documents citing this exemption.

Example documents

See all 16 documents citing 7(1)(d)(iv) →

7(1)(d)(v)Would disclose unique investigative techniques0 upheld3 rejected3 total

Would disclose unique investigative techniques

0 upheld (no violation found) · 3 rejected (violation found), out of 3 documents citing this exemption.

Example documents

7(1)(d)(vi)Would endanger the life or safety of law enforcement or others0 upheld5 rejected5 total

Would endanger the life or safety of law enforcement or others

0 upheld (no violation found) · 5 rejected (violation found), out of 5 documents citing this exemption.

Example documents

7(1)(d)(vii)Would obstruct an ongoing criminal investigation1 upheld2 rejected3 total

Would obstruct an ongoing criminal investigation

1 upheld (no violation found) · 2 rejected (violation found), out of 3 documents citing this exemption.

Example documents

7(1)(dd)Certain Public Aid Code correspondence/appeals1 upheld0 rejected1 total

Certain Public Aid Code correspondence/appeals

1 upheld (no violation found) · 0 rejected (violation found), out of 1 documents citing this exemption.

Example documents

7(1)(e-5)Records available to an inmate through the facility library1 upheld0 rejected1 total

Records available to an inmate through the facility library

1 upheld (no violation found) · 0 rejected (violation found), out of 1 documents citing this exemption.

Example documents

7(1)(e)Correctional/detention facility security records2 upheld1 rejected4 total

Correctional/detention facility security records

2 upheld (no violation found) · 1 rejected (violation found) · 1 closed / insufficient info / other, out of 4 documents citing this exemption.

Example documents

7(1)(ee)Minors' personal info in park-district program registrations1 upheld0 rejected1 total

Minors' personal info in park-district program registrations

1 upheld (no violation found) · 0 rejected (violation found), out of 1 documents citing this exemption.

Example documents

7(1)(f)Preliminary drafts, notes, and deliberative materials12 upheld35 rejected8 partial58 total

Preliminary drafts, notes, and deliberative materials (pre-decisional "draft" exemption)

12 upheld (no violation found) · 35 rejected (violation found) · 8 partial violation · 3 closed / insufficient info / other, out of 58 documents citing this exemption.

Example documents

See all 58 documents citing 7(1)(f) →

7(1)(ff)Personal info in park-district programs aimed at minors1 upheld0 rejected1 total

Personal info in park-district programs aimed at minors

1 upheld (no violation found) · 0 rejected (violation found), out of 1 documents citing this exemption.

Example documents

7(1)(g)Trade secrets and confidential commercial/financial information2 upheld11 rejected15 total

Trade secrets and confidential commercial/financial information

2 upheld (no violation found) · 11 rejected (violation found) · 2 closed / insufficient info / other, out of 15 documents citing this exemption.

Example documents

See all 15 documents citing 7(1)(g) →

7(1)(h)Bids and proposals, until a contract is awarded2 upheld0 rejected3 total

Bids and proposals, until a contract is awarded

2 upheld (no violation found) · 0 rejected (violation found) · 1 closed / insufficient info / other, out of 3 documents citing this exemption.

Example documents

7(1)(i)Valuable formulae, designs, and research data1 upheld1 rejected2 total

Valuable formulae, designs, and research data

1 upheld (no violation found) · 1 rejected (violation found), out of 2 documents citing this exemption.

Example documents

7(1)(j)Educational testing/evaluation records0 upheld1 rejected1 total

Educational testing/evaluation records (general)

0 upheld (no violation found) · 1 rejected (violation found), out of 1 documents citing this exemption.

Example documents

7(1)(j)(ii)Peer evaluation of faculty0 upheld0 rejected1 partial3 total

Peer evaluation of faculty

0 upheld (no violation found) · 0 rejected (violation found) · 1 partial violation · 2 closed / insufficient info / other, out of 3 documents citing this exemption.

Example documents

7(1)(j)(iv)Faculty course/research materials2 upheld1 rejected1 partial6 total

Faculty course/research materials

2 upheld (no violation found) · 1 rejected (violation found) · 1 partial violation · 2 closed / insufficient info / other, out of 6 documents citing this exemption.

Example documents

7(1)(k)Architectural/engineering security-sensitive construction documents5 upheld0 rejected6 total

Architectural/engineering security-sensitive construction documents

5 upheld (no violation found) · 0 rejected (violation found) · 1 closed / insufficient info / other, out of 6 documents citing this exemption.

Example documents

7(1)(kk)Public body's own financial account/security credentials2 upheld0 rejected1 partial3 total

Public body's own financial account/security credentials

2 upheld (no violation found) · 0 rejected (violation found) · 1 partial violation, out of 3 documents citing this exemption.

Example documents

7(1)(l)Closed-session meeting minutes not yet released under OMA Sec. 2.060 upheld1 rejected3 total

Closed-session meeting minutes not yet released under OMA Sec. 2.06

0 upheld (no violation found) · 1 rejected (violation found) · 2 closed / insufficient info / other, out of 3 documents citing this exemption.

Example documents

7(1)(ll)School district threat-assessment team records1 upheld0 rejected1 total

School district threat-assessment team records

1 upheld (no violation found) · 0 rejected (violation found), out of 1 documents citing this exemption.

Example documents

7(1)(m)Attorney/auditor communications and litigation-preparation materials5 upheld19 rejected6 partial31 total

Attorney/auditor communications and litigation-preparation materials (attorney-client-style privilege)

5 upheld (no violation found) · 19 rejected (violation found) · 6 partial violation · 1 closed / insufficient info / other, out of 31 documents citing this exemption.

Example documents

See all 31 documents citing 7(1)(m) →

7(1)(n)Employee grievance/discipline adjudication records1 upheld9 rejected1 partial11 total

Employee grievance/discipline adjudication records (except final discipline outcomes)

1 upheld (no violation found) · 9 rejected (violation found) · 1 partial violation, out of 11 documents citing this exemption.

Example documents

See all 11 documents citing 7(1)(n) →

7(1)(o)Data-processing/IT security information1 upheld0 rejected2 partial4 total

Data-processing/IT security information

1 upheld (no violation found) · 0 rejected (violation found) · 2 partial violation · 1 closed / insufficient info / other, out of 4 documents citing this exemption.

Example documents

7(1)(p)Collective bargaining negotiation records1 upheld1 rejected1 partial3 total

Collective bargaining negotiation records (final contracts stay public)

1 upheld (no violation found) · 1 rejected (violation found) · 1 partial violation, out of 3 documents citing this exemption.

Example documents

7(1)(q)Licensing/employment exam questions and scoring keys2 upheld0 rejected1 partial5 total

Licensing/employment exam questions and scoring keys

2 upheld (no violation found) · 0 rejected (violation found) · 1 partial violation · 2 closed / insufficient info / other, out of 5 documents citing this exemption.

Example documents

7(1)(r)Real estate purchase negotiation records, until completed1 upheld1 rejected2 total

Real estate purchase negotiation records, until completed

1 upheld (no violation found) · 1 rejected (violation found), out of 2 documents citing this exemption.

Example documents

7(1)(s)Intergovernmental risk-management/self-insurance pool records2 upheld2 rejected4 total

Intergovernmental risk-management/self-insurance pool records

2 upheld (no violation found) · 2 rejected (violation found), out of 4 documents citing this exemption.

Example documents

7(1)(t)Financial institution/insurer regulatory examination reports2 upheld2 rejected4 total

Financial institution/insurer regulatory examination reports

2 upheld (no violation found) · 2 rejected (violation found), out of 4 documents citing this exemption.

Example documents

7(1)(u)Electronic-signature security codes/keys0 upheld1 rejected1 total

Electronic-signature security codes/keys

0 upheld (no violation found) · 1 rejected (violation found), out of 1 documents citing this exemption.

Example documents

7(1)(v)Security vulnerability assessments and response plans3 upheld6 rejected1 partial12 total

Security vulnerability assessments and response plans

3 upheld (no violation found) · 6 rejected (violation found) · 1 partial violation · 2 closed / insufficient info / other, out of 12 documents citing this exemption.

Example documents

See all 12 documents citing 7(1)(v) →

7(1)(x)Utility facility location/security maps3 upheld0 rejected3 total

Utility facility location/security maps

3 upheld (no violation found) · 0 rejected (violation found), out of 3 documents citing this exemption.

Example documents

OMA exceptions — 5 ILCS 120/2(c)

5 ILCS 120/2(a)Openness required0 upheld0 rejected1 partial1 total

Openness required (the basic open-meetings mandate, subject to the Sec. 2(c) exceptions)

0 upheld (no violation found) · 0 rejected (violation found) · 1 partial violation, out of 1 documents citing this exception.

Example documents

5 ILCS 120/2(c)General closed-session exceptions0 upheld14 rejected2 partial16 total

General closed-session exceptions (cites Sec. 2(c) as a whole without naming a specific numbered exception)

0 upheld (no violation found) · 14 rejected (violation found) · 2 partial violation, out of 16 documents citing this exception.

Example documents

See all 16 documents citing 5 ILCS 120/2(c) →

5 ILCS 120/2(c)(1)Employee/contractor appointment, discipline, or performance1 upheld16 rejected5 partial22 total

Employee/contractor appointment, discipline, or performance

1 upheld (no violation found) · 16 rejected (violation found) · 5 partial violation, out of 22 documents citing this exception.

Example documents

See all 22 documents citing 5 ILCS 120/2(c)(1) →

5 ILCS 120/2(c)(2)Collective negotiating matters / salary schedules1 upheld1 rejected2 partial4 total

Collective negotiating matters / salary schedules

1 upheld (no violation found) · 1 rejected (violation found) · 2 partial violation, out of 4 documents citing this exception.

Example documents

5 ILCS 120/2(c)(3)Filling a public office / removing an office-holder0 upheld2 rejected2 total

Filling a public office / removing an office-holder

0 upheld (no violation found) · 2 rejected (violation found), out of 2 documents citing this exception.

Example documents

5 ILCS 120/2(c)(4)Evidence to a quasi-adjudicative body1 upheld3 rejected4 total

Evidence to a quasi-adjudicative body

1 upheld (no violation found) · 3 rejected (violation found), out of 4 documents citing this exception.

Example documents

5 ILCS 120/2(c)(5)Purchase or lease of real property1 upheld4 rejected5 total

Purchase or lease of real property

1 upheld (no violation found) · 4 rejected (violation found), out of 5 documents citing this exception.

Example documents

5 ILCS 120/2(c)(6)Setting a sale/lease price for public body's own property1 upheld4 rejected5 total

Setting a sale/lease price for public body's own property

1 upheld (no violation found) · 4 rejected (violation found), out of 5 documents citing this exception.

Example documents

5 ILCS 120/2(c)(9)Student disciplinary cases0 upheld1 rejected1 total

Student disciplinary cases

0 upheld (no violation found) · 1 rejected (violation found), out of 1 documents citing this exception.

Example documents

5 ILCS 120/2(c)(10)Placement of individual students in special education0 upheld1 rejected1 partial2 total

Placement of individual students in special education

0 upheld (no violation found) · 1 rejected (violation found) · 1 partial violation, out of 2 documents citing this exception.

Example documents

5 ILCS 120/2(c)(11)Pending, probable, or imminent litigation3 upheld9 rejected4 partial18 total

Pending, probable, or imminent litigation

3 upheld (no violation found) · 9 rejected (violation found) · 4 partial violation · 2 closed / insufficient info / other, out of 18 documents citing this exception.

Example documents

See all 18 documents citing 5 ILCS 120/2(c)(11) →

5 ILCS 120/2(c)(15)Professional ethics/performance review by a licensing advisory body1 upheld0 rejected1 total

Professional ethics/performance review by a licensing advisory body

1 upheld (no violation found) · 0 rejected (violation found), out of 1 documents citing this exception.

Example documents

5 ILCS 120/2(c)(16)Self-evaluation with a statewide/regional association2 upheld0 rejected2 total

Self-evaluation with a statewide/regional association

2 upheld (no violation found) · 0 rejected (violation found), out of 2 documents citing this exception.

Example documents

5 ILCS 120/2(c)(21)Reviewing minutes of a lawfully closed meeting0 upheld1 rejected2 total

Reviewing minutes of a lawfully closed meeting

0 upheld (no violation found) · 1 rejected (violation found) · 1 closed / insufficient info / other, out of 2 documents citing this exception.

Example documents

5 ILCS 120/2(e)Final action ban in closed session0 upheld0 rejected1 partial1 total

Final action ban in closed session (no final action may be taken at a closed meeting)

0 upheld (no violation found) · 0 rejected (violation found) · 1 partial violation, out of 1 documents citing this exception.

Example documents