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Friday, June 16, 2023

New Law States that Records Provided by Public Body to PAC for FOIA Request for Review Are Not Releasable

Over the next week or two, we will be reporting on a number of bills that are now Illinois law. 

P.A. 103-0069 (SB 0325) was enacted on June 9, 2023, and amends Section 9.5(c) of the Freedom of Information Act to make it clear that records that the Public Access Counselor of the Illinois Attorney General's office (PAC) is prohibited from releasing to the public or the requester any of the records provided to the PAC by a public body in response to a request for review filed with that office. That amendment also expressly states that these records are exempt from release under FOIA while in the possessio of the PAC. 


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