Section 651.220  Records that May 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 Section 7 of FOIA, but also contains information that is not exempt from disclosure, the Office of the Treasurer shall make the remaining information available for inspection and copying. (Section 7(1) of FOIA) 

a)         Records described in Section 7 of FOIA shall be exempt from inspection and copying, which includes the following:

1)         Confidential information obtained by the Office of the Treasurer from a Technology Business, as defined by the Technology Development Act [30 ILCS 265], consisting of trade secrets, commercial or financial information regarding the operation of the Technology Business or the competitive position of the Technology Business. 

2)         Information that  identifies the purchasers or qualified beneficiaries of any Illinois prepaid tuition contract or any terms or beneficiaries of any Illinois prepaid tuition contract or any terms or provisions of a contract as those terms and provisions relate to a particular purchaser or qualified beneficiary, or discloses any other matter relating to the participation of any purchaser or qualified beneficiary in the Illinois Bright Start program or in any independent plan under which that program is administered.

b)         A record that is not in the possession of the Office of the Treasurer but is in the possession of a party with whom the Office of the Treasurer has contracted to perform a governmental function on behalf of the Office of the Treasurer, and that directly relates to the governmental function and is not otherwise exempt under FOIA, shall be considered a record of the Office of the Treasurer for purposes of Subpart C.  (Section 7(2) of FOIA)

(Source:  Amended at 46 Ill. Reg. 1635, effective January 7, 2022)