Proper University properly withheld internal audit report under exemption 7(1)(c)
The request involved the disclosure of records that the public body had incorrectly claimed were exempt under the personal privacy exemption.
Plain-language summary
The requester sought a copy of an internal audit report about a contractor's compliance with contract-timeline requirements, which a public college withheld as an internal-audit record. The requester argued that because the college had previously furnished the audit to its accreditation commission, the college improperly granted the commission an exclusive right to the record and waived the internal-audit exemption. The PAC determined the record was properly exempt as an internal audit, that the college's compulsory, confidentiality-protected disclosure to the accreditation commission did not give it any right to disseminate the record, and that no waiver occurred; the college's withholding did not violate FOIA.
Legal question
Whether the public body properly invoked FOIA exemptions to withhold requested records.
Summary
The requester sought records from a public body, and the Public Access Counselor issued a determination letter regarding the request. The letter serves as the formal notification of the PAC's resolution of the Request for Review.
Issues decided in this letter
Each question the Public Access Bureau decided, with the rule it applied. Extracted automatically from the letter; the source PDF is authoritative.
- No violationFOIA section 7(1)(m)
Internal audit report within section 7(1)(m) exemption
Rule applied: A record compiled by an internal auditor during a review of a public body's process falls within the section 7(1)(m) exemption for internal audit materials.
- No violationFOIA section 3(a)
No exclusive right to access and disseminate under section 3(a)
Rule applied: Section 3(a)'s second sentence prohibits delegating FOIA duties by granting an exclusive right to access and disseminate; limited access without dissemination rights does not violate it.
- No violation
No waiver of section 7(1)(m) exemption by disclosure to Commission
Rule applied: Disclosure does not waive an exemption unless circumstances show voluntary release; compulsory disclosure with confidentiality steps does not waive the exemption.
Authorities cited: Chicago Alliance for Neighborhood Safety v. City of Chicago, 348 Ill. App. 3d 188, 808 N.E.2d 56 (1st Dist. 2004); American Civil Liberties Union v. Department of Defense, 752 F. Supp. 2d 361 (S.D.N.Y. 2010)