SB2086 103RD GENERAL ASSEMBLY

LRB103 04554 AWJ 49561 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2086

Introduced 2/9/2023, by Sen. Donald P. DeWitte

SYNOPSIS AS INTRODUCED:

5 ILCS 160/14a new
50 ILCS 205/30 new

Amends the State Records Act and Local Records Act. Provides that, when an agency generates a record in an encrypted format, an encryption key must be available to decrypt the record for its entire retention period as established by the State or Local Records Commission. Provides that, when an agency maintains a digital format record within a digital storage system that allows the user to set retention timers, these timers must be set to retain the record for its entire retention period as established by the State or Local Records Commission, including the time necessary for the record disposal process. Provides that agencies must comply with the provisions of the Act when destroying or disposing of encrypted public records or public records maintained in a digital format record within a digital storage system that allows the user to set retention timers. Provides that a person who encrypts a public record without lawful authority, or who sets a retention timer for a public record that is not set to the entire retention period as established by the State or Local Records Commission, with the intent to defraud a party, public officer, or entity commits a Class 4 felony.

A BILL FOR

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The State Records Act is amended by adding Section 14a as follows:

(5 ILCS 160/14a new)

Sec. 14a. Encryption and automatic deletion of records.

(a) When an agency generates a record in an encrypted format, an encryption key must be available to decrypt the record for its entire retention period as established by the State Records Commission. Agencies must comply with the provisions of this Act when destroying or disposing of encrypted public records. A person who encrypts a public record without lawful authority and with the intent to defraud a party, public officer, or entity commits a Class 4 felony.

(b) When an agency maintains a digital format record within a digital storage system that allows the user to set retention timers, these timers must be set to retain the record for its entire retention period as established by the State Records Commission, including the time necessary for the record disposal process. Agencies must comply with the provisions of this Act when destroying or disposing of public records maintained in a digital format record within a digital storage system that allows the user to set retention timers. A person who sets a retention timer for a public record that is not set to the entire retention period as established by the State Records Commission with the intent to defraud a party, public officer, or entity commits a Class 4 felony.

Section 10. The Local Records Act is amended by adding Section 30 as follows:

(50 ILCS 205/30 new)

Sec. 30. Encryption and automatic deletion of records.

(a) When an agency generates a record in an encrypted format, an encryption key must be available to decrypt the record for its entire retention period as established by the Local Records Commission. Agencies must comply with the provisions of this Act when destroying or disposing of encrypted public records. A person who encrypts a public record without lawful authority and with the intent to defraud a party, public officer, or entity commits a Class 4 felony.

(b) When an agency maintains a digital format record within a digital storage system that allows the user to set retention timers, these timers must be set to retain the record for its entire retention period as established by the Local Records Commission, including the time necessary for the record disposal process. Agencies must comply with the provisions of this Act when destroying or disposing of public records maintained in a digital format record within a digital storage system that allows the user to set retention timers. A person who sets a retention timer for a public record that is not set to the entire retention period as established by the Local Records Commission with the intent to defraud a party, public officer, or entity commits a Class 4 felony.