b. Mandatory or discretionary?

The Act suggests that invoking any applicable exemptions is discretionary, while releasing non-exempt material is mandatory: “When a request is made to inspect or copy a public record that contains information that is exempt from disclosure under this Section, but also contains information that is not exempt from disclosure, the public body may elect to redact the information that is exempt. The public body shall make the remaining information available for inspection and copying.” 5 ILCS 140/7(1) (emphasis added).

Likewise, the Illinois Appellate Court held that "[t]he purpose of the Act is to ensure disclosure of information, not to protect information from disclosure." Roehrborn v. Lambert, 660 N.E.2d 180, 183 (1st Dist. 1995). The court noted the FOIA provides, for example, "no explicit remedies for disclosing personal information." Id. Relying on Roehrborn, the Illinois Attorney General has stated that "[t]he exemptions do not . . . prohibit the dissemination of information; rather, they merely authorize the withholding of information." A Guide to the Illinois Freedom of Information Act 13 (2004) (available at http://www.ag.state.il.us/government/FOIA_guide.pdf).