Title 2 IDES RULES Part 1301
R-3 (05/11)
3) Records in which the requesting party is the individual identified, except as provided under Section
1301.202(a)(5)(F). (Section 2.15(b) of FOIA)
d) Settlement agreements. All settlement agreements entered into by or on behalf of the Agency are records
subject to inspection and copying by the public, provided that information exempt from disclosure under
Section 1301.202 or 1301.203 of this Part may be redacted. (Section 2.20 of FOIA)
(Source: Added at 35 Ill. Reg. 6066, effective March 25, 2011)
Section 1301.202 Records that Will Be Withheld from Disclosure
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 Agency 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 Agency 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 Agency;
F) Endanger the life or physical safety of law enforcement personnel or any other person; or
