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FOIADetermination Letter (non-binding)No violationGeneral Records Exemptions

Proper University properly withheld internal audit report under exemption 7(1)(c)

The request involved the disclosure of records that the public body had incorrectly claimed were exempt under the personal privacy exemption.

Date issued
March 31, 2016
Request number(s)
38669
Public body
Proper University
Statute(s)
5 ILCS 140/3
Exemption(s) discussed
7(1)(c) — Personal privacy
Outcome
Improperly withheld records

Plain-language summary

The requester sought a copy of an internal audit report about a contractor's compliance with contract-timeline requirements, which a public college withheld as an internal-audit record. The requester argued that because the college had previously furnished the audit to its accreditation commission, the college improperly granted the commission an exclusive right to the record and waived the internal-audit exemption. The PAC determined the record was properly exempt as an internal audit, that the college's compulsory, confidentiality-protected disclosure to the accreditation commission did not give it any right to disseminate the record, and that no waiver occurred; the college's withholding did not violate FOIA.

Legal question

Whether the public body properly invoked FOIA exemptions to withhold requested records.

Summary

The requester sought records from a public body, and the Public Access Counselor issued a determination letter regarding the request. The letter serves as the formal notification of the PAC's resolution of the Request for Review.

FOIAprivacy exemptionpublic recordsdenial of access

Reading view (237 words)

This reading view follows the source PDF's positioned text blocks. Page headers, repeated office furniture, and lower-margin notes are kept out of the narrative; source notes are available below. Reconstruction is automatic and imperfect — the PDF is the authoritative version, and it's linked on this page.

Please find the attached correspondence from MG Olson. Please contact us if you have any questions. Thank you.

Katie Jedlicka Administrative Clerk Public Access Bureau E- MAIL CONFIDENTIALITY NOTICE: This electronic mail message, including any attachments, is for the intended recipient( s) only. This e- mail and any attachments might contain information that is confidential, legally privileged or otherwise protected or exempt from disclosure under applicable law. If you are not a named recipient, or if you are named but believe that you received this e- mail in error, please notify the sender immediately by telephone or return e- mail and promptly delete this e- mail and any attachments and copies thereof from your system. If you are not the intended recipient, please be aware that any copying, distribution, dissemination, disclosure or other use of this e- mail and any attachments is unauthorized and prohibited. Your receipt of this message is not intended to waive any applicable privilege or claim of confidentiality, and any prohibited or unauthorized disclosure is not binding on the sender or the Office of the Illinois Attorney General. Thank you for your cooperation.

Notes from the original PDF (1)
  1. 15