Comment by chaps
2 months ago
Not quite, and the details get hairier the closer you look. The database in-question here is an IBM system. The database itself is used for government functions, making it FOIA'able, despite it being managed by a third party company. IBM even tried to argue that the schema was trade secret, but the statute isn't straight forward. Here's my (successful) response when they tried:
You mentioned on Thursday over the phone that IBM is not too keen on having its database schema released, and, between IBM and Chicago, is seeking an exemption under 5 ILCS 140/7(1)(g) - an exemption that is only valid if the release of records would cause competitive harm. This email preemptively seeks to address that exemption within the context of this request in the hopes of a speedier release of records. It is FOI's belief that there is little room for the case for the valid use of 5 ILCS 140/7(1)(g) when considering the insignificance of the records in conjunction with the release of past documents:
1. Chicago released CANVAS's technical specification [1] seven years ago. To the extent that the specification's continued publication does not cause competitive harm, it is very unlikely that the release of CANVAS's database schema would cause any harm. 2. The claim that the release of a database schema would cause competitive harm is not unlike suggesting that the release of filing cabinets' labels can cause competitive harm.
Furthermore, in your response, please be mindful that the burden of proving competitive harm rests on the public body [2].
[1] https://www.cityofchicago.org/content/dam/city/depts/dps/Con... [2] http://foia.ilattorneygeneral.net/pdf/opinions/2018/18-004.p...
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