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.


LRB103 04554 AWJ 49561 b

 

 

A BILL FOR

 

SB2086LRB103 04554 AWJ 49561 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Records Act is amended by adding
5Section 14a as follows:
 
6    (5 ILCS 160/14a new)
7    Sec. 14a. Encryption and automatic deletion of records.
8    (a) When an agency generates a record in an encrypted
9format, an encryption key must be available to decrypt the
10record for its entire retention period as established by the
11State Records Commission. Agencies must comply with the
12provisions of this Act when destroying or disposing of
13encrypted public records. A person who encrypts a public
14record without lawful authority and with the intent to defraud
15a party, public officer, or entity commits a Class 4 felony.
16    (b) When an agency maintains a digital format record
17within a digital storage system that allows the user to set
18retention timers, these timers must be set to retain the
19record for its entire retention period as established by the
20State Records Commission, including the time necessary for the
21record disposal process. Agencies must comply with the
22provisions of this Act when destroying or disposing of public
23records maintained in a digital format record within a digital

 

 

SB2086- 2 -LRB103 04554 AWJ 49561 b

1storage system that allows the user to set retention timers. A
2person who sets a retention timer for a public record that is
3not set to the entire retention period as established by the
4State Records Commission with the intent to defraud a party,
5public officer, or entity commits a Class 4 felony.
 
6    Section 10. The Local Records Act is amended by adding
7Section 30 as follows:
 
8    (50 ILCS 205/30 new)
9    Sec. 30. Encryption and automatic deletion of records.
10    (a) When an agency generates a record in an encrypted
11format, an encryption key must be available to decrypt the
12record for its entire retention period as established by the
13Local Records Commission. Agencies must comply with the
14provisions of this Act when destroying or disposing of
15encrypted public records. A person who encrypts a public
16record without lawful authority and with the intent to defraud
17a party, public officer, or entity commits a Class 4 felony.
18    (b) When an agency maintains a digital format record
19within a digital storage system that allows the user to set
20retention timers, these timers must be set to retain the
21record for its entire retention period as established by the
22Local Records Commission, including the time necessary for the
23record disposal process. Agencies must comply with the
24provisions of this Act when destroying or disposing of public

 

 

SB2086- 3 -LRB103 04554 AWJ 49561 b

1records maintained in a digital format record within a digital
2storage system that allows the user to set retention timers. A
3person who sets a retention timer for a public record that is
4not set to the entire retention period as established by the
5Local Records Commission with the intent to defraud a party,
6public officer, or entity commits a Class 4 felony.