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1 | AN ACT concerning government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Freedom of Information Act is amended by | ||||||
5 | changing Sections 2 and 7 as follows:
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6 | (5 ILCS 140/2) (from Ch. 116, par. 202)
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7 | Sec. 2. Definitions. As used in this Act:
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8 | (a) "Public body" means all legislative,
executive, | ||||||
9 | administrative, or advisory bodies of the State, state | ||||||
10 | universities
and colleges, counties, townships, cities, | ||||||
11 | villages, incorporated towns,
school districts and all other | ||||||
12 | municipal corporations,
boards, bureaus, committees, or | ||||||
13 | commissions of this State, any
subsidiary
bodies of any of the | ||||||
14 | foregoing including but not limited to committees and
| ||||||
15 | subcommittees thereof, and a School Finance Authority created | ||||||
16 | under
Article 1E of the School Code.
"Public body" does not | ||||||
17 | include a child death review team
or the Illinois Child Death | ||||||
18 | Review Teams
Executive Council
established under
the Child | ||||||
19 | Death Review Team Act, or a regional youth advisory board or | ||||||
20 | the Statewide Youth Advisory Board established under the | ||||||
21 | Department of Children and Family Services Statewide Youth | ||||||
22 | Advisory Board Act.
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23 | (b) "Person" means any individual, corporation, |
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1 | partnership, firm,
organization
or association, acting | ||||||
2 | individually or as a group.
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3 | (c) "Public records" means all records, reports, forms, | ||||||
4 | writings, letters,
memoranda, books, papers, maps, | ||||||
5 | photographs, microfilms, cards, tapes,
recordings,
electronic | ||||||
6 | data processing records, electronic communications, recorded | ||||||
7 | information and all other
documentary
materials pertaining to | ||||||
8 | the transaction of public business, regardless of physical | ||||||
9 | form or characteristics, having been
prepared by or for, or | ||||||
10 | having been or being used by, received by, in the possession | ||||||
11 | of, or under the
control
of
any public body. | ||||||
12 | (c-5) "Private information" means unique identifiers, | ||||||
13 | including a person's social security number, driver's license | ||||||
14 | number, employee identification number, biometric identifiers, | ||||||
15 | personal financial information, passwords or other access | ||||||
16 | codes, medical records (including electronic medical records | ||||||
17 | and the information contained within or extracted from an | ||||||
18 | electronic medical records system operated or maintained by a | ||||||
19 | Health Insurance Portability and Accountability Act (HIPAA) | ||||||
20 | covered entity as defined at 45 CFR 160.103, including | ||||||
21 | information that alone or compiled, or under circumstances in
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22 | which the patient information combined with other information
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23 | could allow for patient identification, in compliance with
| ||||||
24 | State and federal medical privacy laws and regulations,
| ||||||
25 | including, but not limited to, HIPAA and its
regulations, 45 | ||||||
26 | CFR Parts 160 and 164) , home or personal telephone numbers, |
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1 | and personal email addresses. Private information also | ||||||
2 | includes home address and personal license plates, except as | ||||||
3 | otherwise provided by law or when compiled without possibility | ||||||
4 | of attribution to any person. | ||||||
5 | (c-10) "Commercial purpose" means the use of any part of a | ||||||
6 | public record or records, or information derived from public | ||||||
7 | records, in any form for sale, resale, or solicitation or | ||||||
8 | advertisement for sales or services. For purposes of this | ||||||
9 | definition, requests made by news media and non-profit, | ||||||
10 | scientific, or academic organizations shall not be considered | ||||||
11 | to be made for a "commercial purpose" when the principal | ||||||
12 | purpose of the request is (i) to access and disseminate | ||||||
13 | information concerning news and current or passing events, | ||||||
14 | (ii) for articles of opinion or features of interest to the | ||||||
15 | public, or (iii) for the purpose of academic, scientific, or | ||||||
16 | public research or education.
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17 | (d) "Copying" means the reproduction of any public record | ||||||
18 | by means of any
photographic, electronic, mechanical or other | ||||||
19 | process, device or means now known or hereafter developed and | ||||||
20 | available to the public body.
| ||||||
21 | (e) "Head of the public body" means the president, mayor, | ||||||
22 | chairman,
presiding
officer, director, superintendent, | ||||||
23 | manager, supervisor or individual otherwise
holding primary | ||||||
24 | executive and administrative authority for the public
body, or | ||||||
25 | such person's duly authorized designee.
| ||||||
26 | (f) "News media" means a newspaper or other periodical |
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1 | issued at regular
intervals whether in print or electronic | ||||||
2 | format, a news service whether
in print or electronic format, | ||||||
3 | a radio
station, a television station, a television network, a | ||||||
4 | community
antenna television service, or a person or | ||||||
5 | corporation engaged in making news
reels or other motion | ||||||
6 | picture news for public showing.
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7 | (g) "Recurrent requester", as used in Section 3.2 of this | ||||||
8 | Act, means a person that, in the 12 months immediately | ||||||
9 | preceding the request, has submitted to the same public body | ||||||
10 | (i) a minimum of 50 requests for records, (ii) a minimum of 15 | ||||||
11 | requests for records within a 30-day period, or (iii) a | ||||||
12 | minimum of 7 requests for records within a 7-day period. For | ||||||
13 | purposes of this definition, requests made by news media and | ||||||
14 | non-profit, scientific, or academic organizations shall not be | ||||||
15 | considered in calculating the number of requests made in the | ||||||
16 | time periods in this definition when the principal purpose of | ||||||
17 | the requests is (i) to access and disseminate information | ||||||
18 | concerning news and current or passing events, (ii) for | ||||||
19 | articles of opinion or features of interest to the public, or | ||||||
20 | (iii) for the purpose of academic, scientific, or public | ||||||
21 | research or education. | ||||||
22 | For the purposes of this subsection (g), "request" means a | ||||||
23 | written document (or oral request, if the public body chooses | ||||||
24 | to honor oral requests) that is submitted to a public body via | ||||||
25 | personal delivery, mail, telefax, electronic mail, or other | ||||||
26 | means available to the public body and that identifies the |
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1 | particular public record the requester seeks. One request may | ||||||
2 | identify multiple records to be inspected or copied. | ||||||
3 | (h) "Voluminous request" means a request that: (i) | ||||||
4 | includes more than 5 individual requests for more than 5 | ||||||
5 | different categories of records or a combination of individual | ||||||
6 | requests that total requests for more than 5 different | ||||||
7 | categories of records in a period of 20 business days; or (ii) | ||||||
8 | requires the compilation of more than 500 letter or | ||||||
9 | legal-sized pages of public records unless a single requested | ||||||
10 | record exceeds 500 pages. "Single requested record" may | ||||||
11 | include, but is not limited to, one report, form, e-mail, | ||||||
12 | letter, memorandum, book, map, microfilm, tape, or recording. | ||||||
13 | "Voluminous request" does not include a request made by | ||||||
14 | news media and non-profit, scientific, or academic | ||||||
15 | organizations if the principal purpose of the request is: (1) | ||||||
16 | to access and disseminate information concerning news and | ||||||
17 | current or passing events; (2) for articles of opinion or | ||||||
18 | features of interest to the public; or (3) for the purpose of | ||||||
19 | academic, scientific, or public research or education. | ||||||
20 | For the purposes of this subsection (h), "request" means a | ||||||
21 | written document, or oral request, if the public body chooses | ||||||
22 | to honor oral requests, that is submitted to a public body via | ||||||
23 | personal delivery, mail, telefax, electronic mail, or other | ||||||
24 | means available to the public body and that identifies the | ||||||
25 | particular public record or records the requester seeks. One | ||||||
26 | request may identify multiple individual records to be |
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1 | inspected or copied. | ||||||
2 | (i) "Severance agreement" means a mutual agreement between | ||||||
3 | any public body and its employee for the employee's | ||||||
4 | resignation in exchange for payment by the public body. | ||||||
5 | (Source: P.A. 98-806, eff. 1-1-15; 98-1129, eff. 12-3-14; | ||||||
6 | 99-78, eff. 7-20-15; 99-478, eff. 6-1-16 .)
| ||||||
7 | (5 ILCS 140/7) (from Ch. 116, par. 207) | ||||||
8 | Sec. 7. Exemptions.
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9 | (1) When a request is made to inspect or copy a public | ||||||
10 | record that contains information that is exempt from | ||||||
11 | disclosure under this Section, but also contains information | ||||||
12 | that is not exempt from disclosure, the public body may elect | ||||||
13 | to redact the information that is exempt. The public body | ||||||
14 | shall make the remaining information available for inspection | ||||||
15 | and copying. Subject to this requirement, the following shall | ||||||
16 | be exempt from inspection and copying:
| ||||||
17 | (a) Information specifically prohibited from | ||||||
18 | disclosure by federal or
State law or rules and | ||||||
19 | regulations implementing federal or State law.
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20 | (b) Private information, unless disclosure is required | ||||||
21 | by another provision of this Act, a State or federal law or | ||||||
22 | a court order. | ||||||
23 | (b-5) Files, documents, and other data or databases | ||||||
24 | maintained by one or more law enforcement agencies and | ||||||
25 | specifically designed to provide information to one or |
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1 | more law enforcement agencies regarding the physical or | ||||||
2 | mental status of one or more individual subjects. | ||||||
3 | (c) Personal information contained within public | ||||||
4 | records, the disclosure of which would constitute a | ||||||
5 | clearly
unwarranted invasion of personal privacy, unless | ||||||
6 | the disclosure is
consented to in writing by the | ||||||
7 | individual subjects of the information. "Unwarranted | ||||||
8 | invasion of personal privacy" means the disclosure of | ||||||
9 | information that is highly personal or objectionable to a | ||||||
10 | reasonable person and in which the subject's right to | ||||||
11 | privacy outweighs any legitimate public interest in | ||||||
12 | obtaining the information. The
disclosure of information | ||||||
13 | that bears on the public duties of public
employees and | ||||||
14 | officials shall not be considered an invasion of personal
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15 | privacy.
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16 | (d) Records in the possession of any public body | ||||||
17 | created in the course of administrative enforcement
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18 | proceedings, and any law enforcement or correctional | ||||||
19 | agency for
law enforcement purposes,
but only to the | ||||||
20 | extent that disclosure would:
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21 | (i) interfere with pending or actually and | ||||||
22 | reasonably contemplated
law enforcement proceedings | ||||||
23 | conducted by any law enforcement or correctional
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24 | agency that is the recipient of the request;
| ||||||
25 | (ii) interfere with active administrative | ||||||
26 | enforcement proceedings
conducted by the public body |
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1 | that is the recipient of the request;
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2 | (iii) create a substantial likelihood that a | ||||||
3 | person will be deprived of a fair trial or an impartial | ||||||
4 | hearing;
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5 | (iv) unavoidably disclose the identity of a | ||||||
6 | confidential source, confidential information | ||||||
7 | furnished only by the confidential source, or persons | ||||||
8 | who file complaints with or provide information to | ||||||
9 | administrative, investigative, law enforcement, or | ||||||
10 | penal agencies; except that the identities of | ||||||
11 | witnesses to traffic accidents, traffic accident | ||||||
12 | reports, and rescue reports shall be provided by | ||||||
13 | agencies of local government, except when disclosure | ||||||
14 | would interfere with an active criminal investigation | ||||||
15 | conducted by the agency that is the recipient of the | ||||||
16 | request;
| ||||||
17 | (v) disclose unique or specialized investigative | ||||||
18 | techniques other than
those generally used and known | ||||||
19 | or disclose internal documents of
correctional | ||||||
20 | agencies related to detection, observation or | ||||||
21 | investigation of
incidents of crime or misconduct, and | ||||||
22 | disclosure would result in demonstrable harm to the | ||||||
23 | agency or public body that is the recipient of the | ||||||
24 | request;
| ||||||
25 | (vi) endanger the life or physical safety of law | ||||||
26 | enforcement personnel
or any other person; or
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1 | (vii) obstruct an ongoing criminal investigation | ||||||
2 | by the agency that is the recipient of the request.
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3 | (d-5) A law enforcement record created for law | ||||||
4 | enforcement purposes and contained in a shared electronic | ||||||
5 | record management system if the law enforcement agency | ||||||
6 | that is the recipient of the request did not create the | ||||||
7 | record, did not participate in or have a role in any of the | ||||||
8 | events which are the subject of the record, and only has | ||||||
9 | access to the record through the shared electronic record | ||||||
10 | management system. | ||||||
11 | (d-6) Records contained in the Officer Professional | ||||||
12 | Conduct Database under Section 9.2 9.4 of the Illinois | ||||||
13 | Police Training Act, except to the extent authorized under | ||||||
14 | that Section. This includes the documents supplied to the | ||||||
15 | Illinois Law Enforcement Training Standards Board from the | ||||||
16 | Illinois State Police and Illinois State Police Merit | ||||||
17 | Board. | ||||||
18 | (e) Records that relate to or affect the security of | ||||||
19 | correctional
institutions and detention facilities.
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20 | (e-5) Records requested by persons committed to the | ||||||
21 | Department of Corrections, Department of Human Services | ||||||
22 | Division of Mental Health, or a county jail if those | ||||||
23 | materials are available in the library of the correctional | ||||||
24 | institution or facility or jail where the inmate is | ||||||
25 | confined. | ||||||
26 | (e-6) Records requested by persons committed to the |
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1 | Department of Corrections, Department of Human Services | ||||||
2 | Division of Mental Health, or a county jail if those | ||||||
3 | materials include records from staff members' personnel | ||||||
4 | files, staff rosters, or other staffing assignment | ||||||
5 | information. | ||||||
6 | (e-7) Records requested by persons committed to the | ||||||
7 | Department of Corrections or Department of Human Services | ||||||
8 | Division of Mental Health if those materials are available | ||||||
9 | through an administrative request to the Department of | ||||||
10 | Corrections or Department of Human Services Division of | ||||||
11 | Mental Health. | ||||||
12 | (e-8) Records requested by a person committed to the | ||||||
13 | Department of Corrections, Department of Human Services | ||||||
14 | Division of Mental Health, or a county jail, the | ||||||
15 | disclosure of which would result in the risk of harm to any | ||||||
16 | person or the risk of an escape from a jail or correctional | ||||||
17 | institution or facility. | ||||||
18 | (e-9) Records requested by a person in a county jail | ||||||
19 | or committed to the Department of Corrections or | ||||||
20 | Department of Human Services Division of Mental Health, | ||||||
21 | containing personal information pertaining to the person's | ||||||
22 | victim or the victim's family, including, but not limited | ||||||
23 | to, a victim's home address, home telephone number, work | ||||||
24 | or school address, work telephone number, social security | ||||||
25 | number, or any other identifying information, except as | ||||||
26 | may be relevant to a requester's current or potential case |
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1 | or claim. | ||||||
2 | (e-10) Law enforcement records of other persons | ||||||
3 | requested by a person committed to the Department of | ||||||
4 | Corrections, Department of Human Services Division of | ||||||
5 | Mental Health, or a county jail, including, but not | ||||||
6 | limited to, arrest and booking records, mug shots, and | ||||||
7 | crime scene photographs, except as these records may be | ||||||
8 | relevant to the requester's current or potential case or | ||||||
9 | claim. | ||||||
10 | (f) Preliminary drafts, notes, recommendations, | ||||||
11 | memoranda and other
records in which opinions are | ||||||
12 | expressed, or policies or actions are
formulated, except | ||||||
13 | that a specific record or relevant portion of a
record | ||||||
14 | shall not be exempt when the record is publicly cited
and | ||||||
15 | identified by the head of the public body. The exemption | ||||||
16 | provided in
this paragraph (f) extends to all those | ||||||
17 | records of officers and agencies
of the General Assembly | ||||||
18 | that pertain to the preparation of legislative
documents.
| ||||||
19 | (g) Trade secrets and commercial or financial | ||||||
20 | information obtained from
a person or business where the | ||||||
21 | trade secrets or commercial or financial information are | ||||||
22 | furnished under a claim that they are
proprietary, | ||||||
23 | privileged, or confidential, and that disclosure of the | ||||||
24 | trade
secrets or commercial or financial information would | ||||||
25 | cause competitive harm to the person or business, and only | ||||||
26 | insofar as the claim directly applies to the records |
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1 | requested. | ||||||
2 | The information included under this exemption includes | ||||||
3 | all trade secrets and commercial or financial information | ||||||
4 | obtained by a public body, including a public pension | ||||||
5 | fund, from a private equity fund or a privately held | ||||||
6 | company within the investment portfolio of a private | ||||||
7 | equity fund as a result of either investing or evaluating | ||||||
8 | a potential investment of public funds in a private equity | ||||||
9 | fund. The exemption contained in this item does not apply | ||||||
10 | to the aggregate financial performance information of a | ||||||
11 | private equity fund, nor to the identity of the fund's | ||||||
12 | managers or general partners. The exemption contained in | ||||||
13 | this item does not apply to the identity of a privately | ||||||
14 | held company within the investment portfolio of a private | ||||||
15 | equity fund, unless the disclosure of the identity of a | ||||||
16 | privately held company may cause competitive harm. | ||||||
17 | Nothing contained in this
paragraph (g) shall be | ||||||
18 | construed to prevent a person or business from
consenting | ||||||
19 | to disclosure.
| ||||||
20 | (h) Proposals and bids for any contract, grant, or | ||||||
21 | agreement, including
information which if it were | ||||||
22 | disclosed would frustrate procurement or give
an advantage | ||||||
23 | to any person proposing to enter into a contractor | ||||||
24 | agreement
with the body, until an award or final selection | ||||||
25 | is made. Information
prepared by or for the body in | ||||||
26 | preparation of a bid solicitation shall be
exempt until an |
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1 | award or final selection is made.
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2 | (i) Valuable formulae,
computer geographic systems,
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3 | designs, drawings and research data obtained or
produced | ||||||
4 | by any public body when disclosure could reasonably be | ||||||
5 | expected to
produce private gain or public loss.
The | ||||||
6 | exemption for "computer geographic systems" provided in | ||||||
7 | this paragraph
(i) does not extend to requests made by | ||||||
8 | news media as defined in Section 2 of
this Act when the | ||||||
9 | requested information is not otherwise exempt and the only
| ||||||
10 | purpose of the request is to access and disseminate | ||||||
11 | information regarding the
health, safety, welfare, or | ||||||
12 | legal rights of the general public.
| ||||||
13 | (j) The following information pertaining to | ||||||
14 | educational matters: | ||||||
15 | (i) test questions, scoring keys and other | ||||||
16 | examination data used to
administer an academic | ||||||
17 | examination;
| ||||||
18 | (ii) information received by a primary or | ||||||
19 | secondary school, college, or university under its | ||||||
20 | procedures for the evaluation of faculty members by | ||||||
21 | their academic peers; | ||||||
22 | (iii) information concerning a school or | ||||||
23 | university's adjudication of student disciplinary | ||||||
24 | cases, but only to the extent that disclosure would | ||||||
25 | unavoidably reveal the identity of the student; and | ||||||
26 | (iv) course materials or research materials used |
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| |||||||
1 | by faculty members. | ||||||
2 | (k) Architects' plans, engineers' technical | ||||||
3 | submissions, and
other
construction related technical | ||||||
4 | documents for
projects not constructed or developed in | ||||||
5 | whole or in part with public funds
and the same for | ||||||
6 | projects constructed or developed with public funds, | ||||||
7 | including, but not limited to, power generating and | ||||||
8 | distribution stations and other transmission and | ||||||
9 | distribution facilities, water treatment facilities, | ||||||
10 | airport facilities, sport stadiums, convention centers, | ||||||
11 | and all government owned, operated, or occupied buildings, | ||||||
12 | but
only to the extent
that disclosure would compromise | ||||||
13 | security.
| ||||||
14 | (l) Minutes of meetings of public bodies closed to the
| ||||||
15 | public as provided in the Open Meetings Act until the | ||||||
16 | public body
makes the minutes available to the public | ||||||
17 | under Section 2.06 of the Open
Meetings Act.
| ||||||
18 | (m) Communications between a public body and an | ||||||
19 | attorney or auditor
representing the public body that | ||||||
20 | would not be subject to discovery in
litigation, and | ||||||
21 | materials prepared or compiled by or for a public body in
| ||||||
22 | anticipation of a criminal, civil, or administrative | ||||||
23 | proceeding upon the
request of an attorney advising the | ||||||
24 | public body, and materials prepared or
compiled with | ||||||
25 | respect to internal audits of public bodies.
| ||||||
26 | (n) Records relating to a public body's adjudication |
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| |||||||
1 | of employee grievances or disciplinary cases; however, | ||||||
2 | this exemption shall not extend to the final outcome of | ||||||
3 | cases in which discipline is imposed.
| ||||||
4 | (o) Administrative or technical information associated | ||||||
5 | with automated
data processing operations, including, but | ||||||
6 | not limited to, software,
operating protocols, computer | ||||||
7 | program abstracts, file layouts, source
listings, object | ||||||
8 | modules, load modules, user guides, documentation
| ||||||
9 | pertaining to all logical and physical design of | ||||||
10 | computerized systems,
employee manuals, and any other | ||||||
11 | information that, if disclosed, would
jeopardize the | ||||||
12 | security of the system or its data or the security of
| ||||||
13 | materials exempt under this Section.
| ||||||
14 | (p) Records relating to collective negotiating matters
| ||||||
15 | between public bodies and their employees or | ||||||
16 | representatives, except that
any final contract or | ||||||
17 | agreement shall be subject to inspection and copying.
| ||||||
18 | (q) Test questions, scoring keys, and other | ||||||
19 | examination data used to determine the qualifications of | ||||||
20 | an applicant for a license or employment.
| ||||||
21 | (r) The records, documents, and information relating | ||||||
22 | to real estate
purchase negotiations until those | ||||||
23 | negotiations have been completed or
otherwise terminated. | ||||||
24 | With regard to a parcel involved in a pending or
actually | ||||||
25 | and reasonably contemplated eminent domain proceeding | ||||||
26 | under the Eminent Domain Act, records, documents, and
|
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| |||||||
1 | information relating to that parcel shall be exempt except | ||||||
2 | as may be
allowed under discovery rules adopted by the | ||||||
3 | Illinois Supreme Court. The
records, documents, and | ||||||
4 | information relating to a real estate sale shall be
exempt | ||||||
5 | until a sale is consummated.
| ||||||
6 | (s) Any and all proprietary information and records | ||||||
7 | related to the
operation of an intergovernmental risk | ||||||
8 | management association or
self-insurance pool or jointly | ||||||
9 | self-administered health and accident
cooperative or pool.
| ||||||
10 | Insurance or self insurance (including any | ||||||
11 | intergovernmental risk management association or self | ||||||
12 | insurance pool) claims, loss or risk management | ||||||
13 | information, records, data, advice or communications.
| ||||||
14 | (t) Information contained in or related to | ||||||
15 | examination, operating, or
condition reports prepared by, | ||||||
16 | on behalf of, or for the use of a public
body responsible | ||||||
17 | for the regulation or supervision of financial
| ||||||
18 | institutions, insurance companies, or pharmacy benefit | ||||||
19 | managers, unless disclosure is otherwise
required by State | ||||||
20 | law.
| ||||||
21 | (u) Information that would disclose
or might lead to | ||||||
22 | the disclosure of
secret or confidential information, | ||||||
23 | codes, algorithms, programs, or private
keys intended to | ||||||
24 | be used to create electronic signatures under the Uniform | ||||||
25 | Electronic Transactions Act.
| ||||||
26 | (v) Vulnerability assessments, security measures, and |
| |||||||
| |||||||
1 | response policies
or plans that are designed to identify, | ||||||
2 | prevent, or respond to potential
attacks upon a | ||||||
3 | community's population or systems, facilities, or | ||||||
4 | installations,
the destruction or contamination of which | ||||||
5 | would constitute a clear and present
danger to the health | ||||||
6 | or safety of the community, but only to the extent that
| ||||||
7 | disclosure could reasonably be expected to jeopardize the | ||||||
8 | effectiveness of the
measures or the safety of the | ||||||
9 | personnel who implement them or the public.
Information | ||||||
10 | exempt under this item may include such things as details
| ||||||
11 | pertaining to the mobilization or deployment of personnel | ||||||
12 | or equipment, to the
operation of communication systems or | ||||||
13 | protocols, or to tactical operations.
| ||||||
14 | (w) (Blank). | ||||||
15 | (x) Maps and other records regarding the location or | ||||||
16 | security of generation, transmission, distribution, | ||||||
17 | storage, gathering,
treatment, or switching facilities | ||||||
18 | owned by a utility, by a power generator, or by the | ||||||
19 | Illinois Power Agency.
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20 | (y) Information contained in or related to proposals, | ||||||
21 | bids, or negotiations related to electric power | ||||||
22 | procurement under Section 1-75 of the Illinois Power | ||||||
23 | Agency Act and Section 16-111.5 of the Public Utilities | ||||||
24 | Act that is determined to be confidential and proprietary | ||||||
25 | by the Illinois Power Agency or by the Illinois Commerce | ||||||
26 | Commission.
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1 | (z) Information about students exempted from | ||||||
2 | disclosure under Sections 10-20.38 or 34-18.29 of the | ||||||
3 | School Code, and information about undergraduate students | ||||||
4 | enrolled at an institution of higher education exempted | ||||||
5 | from disclosure under Section 25 of the Illinois Credit | ||||||
6 | Card Marketing Act of 2009. | ||||||
7 | (aa) Information the disclosure of which is
exempted | ||||||
8 | under the Viatical Settlements Act of 2009.
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9 | (bb) Records and information provided to a mortality | ||||||
10 | review team and records maintained by a mortality review | ||||||
11 | team appointed under the Department of Juvenile Justice | ||||||
12 | Mortality Review Team Act. | ||||||
13 | (cc) Information regarding interments, entombments, or | ||||||
14 | inurnments of human remains that are submitted to the | ||||||
15 | Cemetery Oversight Database under the Cemetery Care Act or | ||||||
16 | the Cemetery Oversight Act, whichever is applicable. | ||||||
17 | (dd) Correspondence and records (i) that may not be | ||||||
18 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
19 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
20 | the Illinois Public Aid Code. | ||||||
21 | (ee) The names, addresses, or other personal | ||||||
22 | information of persons who are minors and are also | ||||||
23 | participants and registrants in programs of park | ||||||
24 | districts, forest preserve districts, conservation | ||||||
25 | districts, recreation agencies, and special recreation | ||||||
26 | associations. |
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1 | (ff) The names, addresses, or other personal | ||||||
2 | information of participants and registrants in programs of | ||||||
3 | park districts, forest preserve districts, conservation | ||||||
4 | districts, recreation agencies, and special recreation | ||||||
5 | associations where such programs are targeted primarily to | ||||||
6 | minors. | ||||||
7 | (gg) Confidential information described in Section | ||||||
8 | 1-100 of the Illinois Independent Tax Tribunal Act of | ||||||
9 | 2012. | ||||||
10 | (hh) The report submitted to the State Board of | ||||||
11 | Education by the School Security and Standards Task Force | ||||||
12 | under item (8) of subsection (d) of Section 2-3.160 of the | ||||||
13 | School Code and any information contained in that report. | ||||||
14 | (ii) Records requested by persons committed to or | ||||||
15 | detained by the Department of Human Services under the | ||||||
16 | Sexually Violent Persons Commitment Act or committed to | ||||||
17 | the Department of Corrections under the Sexually Dangerous | ||||||
18 | Persons Act if those materials: (i) are available in the | ||||||
19 | library of the facility where the individual is confined; | ||||||
20 | (ii) include records from staff members' personnel files, | ||||||
21 | staff rosters, or other staffing assignment information; | ||||||
22 | or (iii) are available through an administrative request | ||||||
23 | to the Department of Human Services or the Department of | ||||||
24 | Corrections. | ||||||
25 | (jj) Confidential information described in Section | ||||||
26 | 5-535 of the Civil Administrative Code of Illinois. |
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1 | (kk) The public body's credit card numbers, debit card | ||||||
2 | numbers, bank account numbers, Federal Employer | ||||||
3 | Identification Number, security code numbers, passwords, | ||||||
4 | and similar account information, the disclosure of which | ||||||
5 | could result in identity theft or impression or defrauding | ||||||
6 | of a governmental entity or a person. | ||||||
7 | (ll) Records concerning the work of the threat | ||||||
8 | assessment team of a school district. | ||||||
9 | (mm) All protected health information as defined by 45 | ||||||
10 | CFR 16.103 that may be
contained within or extracted from | ||||||
11 | any record held by a covered entity as defined by 45 CFR | ||||||
12 | 160.103, including information that alone
or compiled, or | ||||||
13 | under circumstances in which the patient
information | ||||||
14 | combined with other information could allow
for patient | ||||||
15 | identification, in compliance with HIPAA. | ||||||
16 | (1.5) Any information exempt from disclosure under the | ||||||
17 | Judicial Privacy Act shall be redacted from public records | ||||||
18 | prior to disclosure under this Act. | ||||||
19 | (2) A public record that is not in the possession of a | ||||||
20 | public body but is in the possession of a party with whom the | ||||||
21 | agency has contracted to perform a governmental function on | ||||||
22 | behalf of the public body, and that directly relates to the | ||||||
23 | governmental function and is not otherwise exempt under this | ||||||
24 | Act, shall be considered a public record of the public body, | ||||||
25 | for purposes of this Act. | ||||||
26 | (3) This Section does not authorize withholding of |
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1 | information or limit the
availability of records to the | ||||||
2 | public, except as stated in this Section or
otherwise provided | ||||||
3 | in this Act.
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4 | (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; | ||||||
5 | 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | ||||||
6 | 6-25-21; 102-558, eff. 8-20-21; revised 11-22-21.)
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