7(1)(j)(iv)

How the Public Access Counselor has treated 7(1)(j)(iv)

Section 7(1)(j)(iv) covers materials prepared for use in teaching and related faculty course and research materials, including proprietary instructional content. In these decisions, the records at issue included animal medical records and research protocols, IRB investigation files, outside-vendor curriculum and slideshows, a virtual lecture recording, and police training curriculum and lesson plans.

The PAC has upheld withholding where the records were teaching or proprietary instructional materials, such as vendor slideshows, a lecture recording, police training plans, and an animal's medical records. It found improper withholding where a university redacted identifying information from a research protocol and where it denied portions of IRB investigation records. Where the underlying request was made for a commercial purpose, the PAC closed the matter without further review.

At a glance: 6 documents(0 binding opinions, 6 determination letters). Most often cited alongside: 7(1)(a) (Federal/State-law confidentiality — or public defender case files, for documents issued under the other amendment version) (2); 7(1)(b) (Private information) (2); 7(1)(g) (Trade secrets and confidential commercial/financial information) (2); 7(1)(c) (Personal privacy) (1); 7(1)(d)(vi) (Would endanger the life or safety of law enforcement or others) (1).

Recurring issues

• Whether identifying details in an animal research protocol can be withheld together with the animal's exempt medical records. (Animal research protocol and medical records)
• Whether records concerning an IRB research investigation are fully covered by research-related exemptions. (An internal investigation into a professor's research and IRB process)
• Whether vendor-provided curriculum and slideshows, a university lecture recording, and police training curriculum and lesson plans count as teaching or proprietary instructional materials. (Curriculum materials on gender and sexuality education from a third-party vendor, A university lecture recording used in a course, Police training curriculum and lesson plans)
• Whether the PAC can review a denial when training materials were requested for a commercial purpose. (Training materials for the Illinois Health Insurance Marketplace)

Practical points

• A request made for a commercial purpose is outside PAC review of the denial.
• Lecture recordings, vendor curriculum materials, and police training plans have been treated as exempt teaching or instructional materials in these decisions.
• Withholding of IRB investigation records and research protocols was found improper as to portions that were not covered by the claimed exemptions.

Summary drafted from the linked decisions and checked against them; read the decisions themselves before relying on it. Not legal advice.