Public Access Opinion 14-004

Settlement contracts – confidentiality provisions

Confidentiality provisions entered into by public bodies are contrary to the specific language of Section 2.20 in FOIA and the legislative intent underlying that section of the law. The PAC found such provisions in settlement agreements are not enforceable and must be released pursuant to FOIA requests.

This opinion is binding only to the parties involved and may be appealed pursuant to State law.