Illinois FOIA ExemptionsExplained
GovGuard9 min readEvery public record in Illinois starts out open. The Freedom of Information Act, 5 ILCS 140, presumes that anyone can inspect and copy what a public body holds. The agency carries the burden of proving otherwise. The exemptions in Section 7 are the only way around that presumption.
That makes knowing each exemption, and where it stops, most of the job. This guide covers the exemptions Illinois cities, counties, and police departments rely on most. It uses the words of the statute and flags the limits that come up when a requester appeals.
Start with the presumption
Section 1.2 is short and decides a lot. “All records in the custody or possession of a public body are presumed to be open to inspection or copying.” A public body that claims an exemption “has the burden of proving by clear and convincing evidence that it is exempt.”
Section 11(f) repeats that burden if the case reaches court. A judge can also review the withheld records privately.
Section 7 sets the rule for records that are only partly exempt. The public body “may elect to redact the information that is exempt.” It “shall make the remaining information available.” In practice, staff redact the protected details and release the rest of the page. One sensitive line does not justify withholding a whole document.
Quick reference
| Section | What it covers | Often found in |
|---|---|---|
| 7(1)(a) | Information another federal or State law specifically prohibits disclosing | Juvenile records, student records |
| 7(1)(b) | Private information: SSNs, driver's license numbers, personal phone numbers and email, home addresses, personal plates | Police reports, personnel files |
| 7(1)(c) | Personal information whose release would be a clearly unwarranted invasion of privacy | Victim details, medical history |
| 7(1)(d) | Law enforcement records, only where release would cause a listed harm | Open investigations, informants |
| 7(1)(e) | Security of jails and detention facilities | Jail post orders, camera placement |
| 7(1)(f) | Drafts, notes, and recommendations before a decision | Draft policies, staff memos |
| 7(1)(g) | Trade secrets and confidential commercial information | Vendor pricing, bid financials |
| 7(1)(k) | Building plans, where release would compromise security | Police station floor plans |
| 7(1)(m) | Attorney and auditor communications, litigation materials | Legal advice memos, audit work papers |
| 7(1)(n) | Employee grievance and discipline adjudications | Disciplinary hearing records |
| 7(1)(v) | Vulnerability assessments and security response plans | Emergency plans, cybersecurity reviews |
Private information: 7(1)(b)
Section 7(1)(b) exempts “private information, unless disclosure is required by another provision of this Act, a State or federal law, or a court order.” Section 2(c-5) defines what that means. It lists unique identifiers such as social security numbers, driver's license numbers, and employee ID numbers. It also lists biometric identifiers, personal financial information, passwords, and medical records. Home or personal phone numbers and personal email addresses are included too.
The definition also covers “home address and personal license plates, except as otherwise provided by law or when compiled without possibility of attribution to any person.” There is no balancing test. If a detail is on the list, it can be redacted.
The hard part is finding every instance. A single police report can mention the same address in a form field, a narrative paragraph, and an attached statement. Every one has to be caught.
Personal privacy: 7(1)(c)
Section 7(1)(c) is broader and takes judgment. It exempts “personal information contained within public records, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.” Written consent from the person the information is about removes the exemption.
The statute defines an unwarranted invasion as disclosing information that is “highly personal or objectionable to a reasonable person.” The subject's right to privacy must also outweigh any legitimate public interest in the information.
The statute draws a firm line for government employees. “The disclosure of information that bears on the public duties of public employees and officials shall not be considered an invasion of personal privacy.” An officer's name in a report about their own conduct on duty is generally not protected by 7(1)(c).
When the answer is not obvious, the Public Access Counselor applies a four-factor test from Illinois appellate decisions. It weighs the requester's interest in disclosure and the public interest in disclosure. It also weighs how much privacy would be lost and whether the information is available some other way.
Law enforcement records: 7(1)(d)
Section 7(1)(d) is not a blanket exemption for police files. It covers law enforcement and administrative enforcement records “but only to the extent that disclosure would” cause one of seven specific harms.
- (i) Interfere with pending proceedings run by the law enforcement or correctional agency that received the request.
- (ii) Interfere with active administrative enforcement run by the public body that received the request, such as an open code enforcement case.
- (iii) Create a substantial likelihood that a person will be denied a fair trial or an impartial hearing.
- (iv) Unavoidably disclose the identity of a confidential source, or of people who file complaints with or give information to law enforcement.
- (v) Disclose unique investigative techniques that are not generally known, with demonstrable harm to the agency.
- (vi) Endanger the life or physical safety of officers or anyone else.
- (vii) Obstruct an ongoing criminal investigation by the agency that received the request.
Two details matter in practice. Most of these harms must involve the agency that received the request. A city cannot cite another department's investigation.
Also, 7(1)(d)(iv) applies only when disclosure is “unavoidable.” That usually means redacting a complainant's name, not withholding the whole report. The same subsection requires local agencies to release the names of witnesses to traffic crashes, along with crash and rescue reports. The only exception is when that would interfere with the agency's own active criminal investigation.
Records other laws make confidential: 7(1)(a) and 7.5
Section 7(1)(a) exempts “information specifically prohibited from disclosure by federal or State law or rules and regulations implementing federal or State law.” The key word is specifically. A law that only calls something confidential, or gives an agency discretion, is not enough.
Section 7.5 lists dozens of statutes whose protections carry into FOIA. Records officers meet a few of them constantly:
- The Juvenile Court Act of 1987 (7.5(bb))
- The Personnel Record Review Act (7.5(q))
- The Illinois School Student Records Act (7.5(r))
- The Law Enforcement Officer-Worn Body Camera Act, whose recordings are exempt “except to the extent authorized under that Act” (7.5(cc))
One change to plan for: Public Act 104-300 relabels the current 7(1)(a) as 7(1)(a-5) on January 1, 2027. The letter (a) will then cover a new exemption for State public defender records. The wording of the prohibited-by-law exemption does not change. Response letters and templates that cite 7(1)(a) will need updating on that date.
Other exemptions agencies use often
7(1)(e) covers records “that relate to or affect the security of correctional institutions and detention facilities.” Jail post orders are a common example.
7(1)(f) protects drafts, notes, and recommendations in which “opinions are expressed, or policies or actions are formulated.” The protection ends once the head of the public body publicly cites and identifies the record.
7(1)(g) covers trade secrets and confidential commercial information submitted under a claim of confidentiality. Disclosure must be likely to cause competitive harm.
7(1)(k) exempts architects' plans and engineering documents, “but only to the extent that disclosure would compromise security.”
7(1)(m) protects communications with the public body's attorney or auditor that would not be discoverable in litigation. It also covers materials prepared for a proceeding at an attorney's request.
7(1)(n) covers the adjudication of employee grievances and discipline. It “shall not extend to the final outcome of cases in which discipline is imposed.”
7(1)(v) protects vulnerability assessments and security response plans. It applies only where disclosure could reasonably be expected to expose the vulnerability or undermine the plan.
What the denial letter must say
Citing the right exemption is only half the work. Under Section 9, a denial must be in writing, including a partial denial. It must give the reasons, “including a detailed factual basis for the application of any exemption claimed.” It must also name each person responsible for the denial.
The letter must tell the requester about their right to review by the Public Access Counselor, with the office's address and phone number. It must also explain their right to judicial review. When the denial rests on a Section 7 exemption, the letter must name the exemption and cite the supporting legal authority.
Agencies must keep a copy of every denial in a central file. That file is open to the public and indexed by the exemption asserted. The Attorney General's office tells requesters they have 60 calendar days after a denial to seek review. Every redaction should carry its citation from the moment it is made.
That is the part of the job software can now take on. GovGuard reads every page of a request and flags each item under the Illinois exemption that covers it. It drafts the response letter with the citations in place. Staff review a finished first pass instead of starting from a blank page. See how it works.
This guide summarizes the statute as of September 2026 and is not legal advice. Check the current text at ilga.gov and consult your public body's attorney on specific requests.