7(1)(k)

How the Public Access Counselor has treated 7(1)(k)

Section 7(1)(k) of FOIA exempts construction-related technical documents such as engineering submissions, facility plans, blueprints and building plans. The decisions address records submitted to local governments or held by public bodies that detail the design, layout or technical specifications of buildings and infrastructure, where release could raise security concerns.

In these decisions, the Public Access Counselor consistently found no violation where public bodies withheld such requested records in full after review of the requests and records. That included engineers’ technical submissions for a private solar project submitted to a county land use department, detailed facility plans held by a water reclamation district, blueprints for a privately funded condominium building, and building plans for privately funded commercial warehouses.

At a glance: 6 documents from 2025(2 binding opinions, 4 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) (1); 7(1)(c) (Personal privacy) (1); 7(1)(d) (Law-enforcement/administrative-proceeding records) (1); 7(1)(f) (Preliminary drafts, notes, and deliberative materials) (1); 7(1)(g) (Trade secrets and confidential commercial/financial information) (1).

Recurring issues

• Requesters sought engineers’ technical submissions included in a private solar developer’s application to a county land use department. (Construction documents for a solar facility permit)
• Requesters sought detailed technical facility plans held by a water reclamation district with infrastructure security implications. (Engineering plans for water reclamation facilities)
• Requesters sought blueprints for a privately funded condominium building held by a village. (Blueprints for condominium units)
• Requesters sought building plans and permit records for privately funded commercial warehouse projects. (Building permits and inspection records for commercial structures)

Practical points

• A public body may withhold qualifying engineering submissions, facility plans, blueprints, or building plans in their entirety under section 7(1)(k).
• A requester seeking technical construction documents for a privately funded project should expect that the public body may withhold them as construction-related technical documents.

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