Illinois General Assembly - Full Text of HB5165
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Full Text of HB5165  102nd General Assembly

HB5165eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB5165 EngrossedLRB102 22762 RJF 31908 b

1    AN ACT concerning cybersecurity.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom of Information Act is amended by
5changing Section 7 as follows:
 
6    (5 ILCS 140/7)  (from Ch. 116, par. 207)
7    Sec. 7. Exemptions.
8    (1) When a request is made to inspect or copy a public
9record that contains information that is exempt from
10disclosure under this Section, but also contains information
11that is not exempt from disclosure, the public body may elect
12to redact the information that is exempt. The public body
13shall make the remaining information available for inspection
14and copying. Subject to this requirement, the following shall
15be exempt from inspection and copying:
16        (a) Information specifically prohibited from
17    disclosure by federal or State law or rules and
18    regulations implementing federal or State law.
19        (b) Private information, unless disclosure is required
20    by another provision of this Act, a State or federal law,
21    or a court order.
22        (b-5) Files, documents, and other data or databases
23    maintained by one or more law enforcement agencies and

 

 

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1    specifically designed to provide information to one or
2    more law enforcement agencies regarding the physical or
3    mental status of one or more individual subjects.
4        (c) Personal information contained within public
5    records, the disclosure of which would constitute a
6    clearly unwarranted invasion of personal privacy, unless
7    the disclosure is consented to in writing by the
8    individual subjects of the information. "Unwarranted
9    invasion of personal privacy" means the disclosure of
10    information that is highly personal or objectionable to a
11    reasonable person and in which the subject's right to
12    privacy outweighs any legitimate public interest in
13    obtaining the information. The disclosure of information
14    that bears on the public duties of public employees and
15    officials shall not be considered an invasion of personal
16    privacy.
17        (d) Records in the possession of any public body
18    created in the course of administrative enforcement
19    proceedings, and any law enforcement or correctional
20    agency for law enforcement purposes, but only to the
21    extent that disclosure would:
22            (i) interfere with pending or actually and
23        reasonably contemplated law enforcement proceedings
24        conducted by any law enforcement or correctional
25        agency that is the recipient of the request;
26            (ii) interfere with active administrative

 

 

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1        enforcement proceedings conducted by the public body
2        that is the recipient of the request;
3            (iii) create a substantial likelihood that a
4        person will be deprived of a fair trial or an impartial
5        hearing;
6            (iv) unavoidably disclose the identity of a
7        confidential source, confidential information
8        furnished only by the confidential source, or persons
9        who file complaints with or provide information to
10        administrative, investigative, law enforcement, or
11        penal agencies; except that the identities of
12        witnesses to traffic accidents, traffic accident
13        reports, and rescue reports shall be provided by
14        agencies of local government, except when disclosure
15        would interfere with an active criminal investigation
16        conducted by the agency that is the recipient of the
17        request;
18            (v) disclose unique or specialized investigative
19        techniques other than those generally used and known
20        or disclose internal documents of correctional
21        agencies related to detection, observation or
22        investigation of incidents of crime or misconduct, and
23        disclosure would result in demonstrable harm to the
24        agency or public body that is the recipient of the
25        request;
26            (vi) endanger the life or physical safety of law

 

 

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1        enforcement personnel or any other person; or
2            (vii) obstruct an ongoing criminal investigation
3        by the agency that is the recipient of the request.
4        (d-5) A law enforcement record created for law
5    enforcement purposes and contained in a shared electronic
6    record management system if the law enforcement agency
7    that is the recipient of the request did not create the
8    record, did not participate in or have a role in any of the
9    events which are the subject of the record, and only has
10    access to the record through the shared electronic record
11    management system.
12        (d-6) Records contained in the Officer Professional
13    Conduct Database under Section 9.2 of the Illinois Police
14    Training Act, except to the extent authorized under that
15    Section. This includes the documents supplied to the
16    Illinois Law Enforcement Training Standards Board from the
17    Illinois State Police and Illinois State Police Merit
18    Board.
19        (e) Records that relate to or affect the security of
20    correctional institutions and detention facilities.
21        (e-5) Records requested by persons committed to the
22    Department of Corrections, Department of Human Services
23    Division of Mental Health, or a county jail if those
24    materials are available in the library of the correctional
25    institution or facility or jail where the inmate is
26    confined.

 

 

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1        (e-6) Records requested by persons committed to the
2    Department of Corrections, Department of Human Services
3    Division of Mental Health, or a county jail if those
4    materials include records from staff members' personnel
5    files, staff rosters, or other staffing assignment
6    information.
7        (e-7) Records requested by persons committed to the
8    Department of Corrections or Department of Human Services
9    Division of Mental Health if those materials are available
10    through an administrative request to the Department of
11    Corrections or Department of Human Services Division of
12    Mental Health.
13        (e-8) Records requested by a person committed to the
14    Department of Corrections, Department of Human Services
15    Division of Mental Health, or a county jail, the
16    disclosure of which would result in the risk of harm to any
17    person or the risk of an escape from a jail or correctional
18    institution or facility.
19        (e-9) Records requested by a person in a county jail
20    or committed to the Department of Corrections or
21    Department of Human Services Division of Mental Health,
22    containing personal information pertaining to the person's
23    victim or the victim's family, including, but not limited
24    to, a victim's home address, home telephone number, work
25    or school address, work telephone number, social security
26    number, or any other identifying information, except as

 

 

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1    may be relevant to a requester's current or potential case
2    or claim.
3        (e-10) Law enforcement records of other persons
4    requested by a person committed to the Department of
5    Corrections, Department of Human Services Division of
6    Mental Health, or a county jail, including, but not
7    limited to, arrest and booking records, mug shots, and
8    crime scene photographs, except as these records may be
9    relevant to the requester's current or potential case or
10    claim.
11        (f) Preliminary drafts, notes, recommendations,
12    memoranda, and other records in which opinions are
13    expressed, or policies or actions are formulated, except
14    that a specific record or relevant portion of a record
15    shall not be exempt when the record is publicly cited and
16    identified by the head of the public body. The exemption
17    provided in this paragraph (f) extends to all those
18    records of officers and agencies of the General Assembly
19    that pertain to the preparation of legislative documents.
20        (g) Trade secrets and commercial or financial
21    information obtained from a person or business where the
22    trade secrets or commercial or financial information are
23    furnished under a claim that they are proprietary,
24    privileged, or confidential, and that disclosure of the
25    trade secrets or commercial or financial information would
26    cause competitive harm to the person or business, and only

 

 

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1    insofar as the claim directly applies to the records
2    requested.
3        The information included under this exemption includes
4    all trade secrets and commercial or financial information
5    obtained by a public body, including a public pension
6    fund, from a private equity fund or a privately held
7    company within the investment portfolio of a private
8    equity fund as a result of either investing or evaluating
9    a potential investment of public funds in a private equity
10    fund. The exemption contained in this item does not apply
11    to the aggregate financial performance information of a
12    private equity fund, nor to the identity of the fund's
13    managers or general partners. The exemption contained in
14    this item does not apply to the identity of a privately
15    held company within the investment portfolio of a private
16    equity fund, unless the disclosure of the identity of a
17    privately held company may cause competitive harm.
18        Nothing contained in this paragraph (g) shall be
19    construed to prevent a person or business from consenting
20    to disclosure.
21        (h) Proposals and bids for any contract, grant, or
22    agreement, including information which if it were
23    disclosed would frustrate procurement or give an advantage
24    to any person proposing to enter into a contractor
25    agreement with the body, until an award or final selection
26    is made. Information prepared by or for the body in

 

 

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1    preparation of a bid solicitation shall be exempt until an
2    award or final selection is made.
3        (i) Valuable formulae, computer geographic systems,
4    designs, drawings and research data obtained or produced
5    by any public body when disclosure could reasonably be
6    expected to produce private gain or public loss. The
7    exemption for "computer geographic systems" provided in
8    this paragraph (i) does not extend to requests made by
9    news media as defined in Section 2 of this Act when the
10    requested information is not otherwise exempt and the only
11    purpose of the request is to access and disseminate
12    information regarding the health, safety, welfare, or
13    legal rights of the general public.
14        (j) The following information pertaining to
15    educational matters:
16            (i) test questions, scoring keys, and other
17        examination data used to administer an academic
18        examination;
19            (ii) information received by a primary or
20        secondary school, college, or university under its
21        procedures for the evaluation of faculty members by
22        their academic peers;
23            (iii) information concerning a school or
24        university's adjudication of student disciplinary
25        cases, but only to the extent that disclosure would
26        unavoidably reveal the identity of the student; and

 

 

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1            (iv) course materials or research materials used
2        by faculty members.
3        (k) Architects' plans, engineers' technical
4    submissions, and other construction related technical
5    documents for projects not constructed or developed in
6    whole or in part with public funds and the same for
7    projects constructed or developed with public funds,
8    including, but not limited to, power generating and
9    distribution stations and other transmission and
10    distribution facilities, water treatment facilities,
11    airport facilities, sport stadiums, convention centers,
12    and all government owned, operated, or occupied buildings,
13    but only to the extent that disclosure would compromise
14    security.
15        (l) Minutes of meetings of public bodies closed to the
16    public as provided in the Open Meetings Act until the
17    public body makes the minutes available to the public
18    under Section 2.06 of the Open Meetings Act.
19        (m) Communications between a public body and an
20    attorney or auditor representing the public body that
21    would not be subject to discovery in litigation, and
22    materials prepared or compiled by or for a public body in
23    anticipation of a criminal, civil, or administrative
24    proceeding upon the request of an attorney advising the
25    public body, and materials prepared or compiled with
26    respect to internal audits of public bodies.

 

 

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1        (n) Records relating to a public body's adjudication
2    of employee grievances or disciplinary cases; however,
3    this exemption shall not extend to the final outcome of
4    cases in which discipline is imposed.
5        (o) Administrative or technical information associated
6    with automated data processing operations, including, but
7    not limited to, software, operating protocols, computer
8    program abstracts, file layouts, source listings, object
9    modules, load modules, user guides, documentation
10    pertaining to all logical and physical design of
11    computerized systems, employee manuals, and any other
12    information that, if disclosed, would jeopardize the
13    security of the system or its data or the security of
14    materials exempt under this Section.
15        (p) Records relating to collective negotiating matters
16    between public bodies and their employees or
17    representatives, except that any final contract or
18    agreement shall be subject to inspection and copying.
19        (q) Test questions, scoring keys, and other
20    examination data used to determine the qualifications of
21    an applicant for a license or employment.
22        (r) The records, documents, and information relating
23    to real estate purchase negotiations until those
24    negotiations have been completed or otherwise terminated.
25    With regard to a parcel involved in a pending or actually
26    and reasonably contemplated eminent domain proceeding

 

 

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1    under the Eminent Domain Act, records, documents, and
2    information relating to that parcel shall be exempt except
3    as may be allowed under discovery rules adopted by the
4    Illinois Supreme Court. The records, documents, and
5    information relating to a real estate sale shall be exempt
6    until a sale is consummated.
7        (s) Any and all proprietary information and records
8    related to the operation of an intergovernmental risk
9    management association or self-insurance pool or jointly
10    self-administered health and accident cooperative or pool.
11    Insurance or self insurance (including any
12    intergovernmental risk management association or self
13    insurance pool) claims, loss or risk management
14    information, records, data, advice or communications.
15        (t) Information contained in or related to
16    examination, operating, or condition reports prepared by,
17    on behalf of, or for the use of a public body responsible
18    for the regulation or supervision of financial
19    institutions, insurance companies, or pharmacy benefit
20    managers, unless disclosure is otherwise required by State
21    law.
22        (u) Information that would disclose or might lead to
23    the disclosure of secret or confidential information,
24    codes, algorithms, programs, or private keys intended to
25    be used to create electronic signatures under the Uniform
26    Electronic Transactions Act.

 

 

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1        (v) Vulnerability assessments, security measures, and
2    response policies or plans that are designed to identify,
3    prevent, or respond to potential attacks upon a
4    community's population or systems, facilities, or
5    installations, the destruction or contamination of which
6    would constitute a clear and present danger to the health
7    or safety of the community, but only to the extent that
8    disclosure could reasonably be expected to expose the
9    vulnerability or jeopardize the effectiveness of the
10    measures, policies, or plans, or the safety of the
11    personnel who implement them or the public. Information
12    exempt under this item may include such things as details
13    pertaining to the mobilization or deployment of personnel
14    or equipment, to the operation of communication systems or
15    protocols, to cybersecurity vulnerabilities, or to
16    tactical operations.
17        (w) (Blank).
18        (x) Maps and other records regarding the location or
19    security of generation, transmission, distribution,
20    storage, gathering, treatment, or switching facilities
21    owned by a utility, by a power generator, or by the
22    Illinois Power Agency.
23        (y) Information contained in or related to proposals,
24    bids, or negotiations related to electric power
25    procurement under Section 1-75 of the Illinois Power
26    Agency Act and Section 16-111.5 of the Public Utilities

 

 

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1    Act that is determined to be confidential and proprietary
2    by the Illinois Power Agency or by the Illinois Commerce
3    Commission.
4        (z) Information about students exempted from
5    disclosure under Sections 10-20.38 or 34-18.29 of the
6    School Code, and information about undergraduate students
7    enrolled at an institution of higher education exempted
8    from disclosure under Section 25 of the Illinois Credit
9    Card Marketing Act of 2009.
10        (aa) Information the disclosure of which is exempted
11    under the Viatical Settlements Act of 2009.
12        (bb) Records and information provided to a mortality
13    review team and records maintained by a mortality review
14    team appointed under the Department of Juvenile Justice
15    Mortality Review Team Act.
16        (cc) Information regarding interments, entombments, or
17    inurnments of human remains that are submitted to the
18    Cemetery Oversight Database under the Cemetery Care Act or
19    the Cemetery Oversight Act, whichever is applicable.
20        (dd) Correspondence and records (i) that may not be
21    disclosed under Section 11-9 of the Illinois Public Aid
22    Code or (ii) that pertain to appeals under Section 11-8 of
23    the Illinois Public Aid Code.
24        (ee) The names, addresses, or other personal
25    information of persons who are minors and are also
26    participants and registrants in programs of park

 

 

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1    districts, forest preserve districts, conservation
2    districts, recreation agencies, and special recreation
3    associations.
4        (ff) The names, addresses, or other personal
5    information of participants and registrants in programs of
6    park districts, forest preserve districts, conservation
7    districts, recreation agencies, and special recreation
8    associations where such programs are targeted primarily to
9    minors.
10        (gg) Confidential information described in Section
11    1-100 of the Illinois Independent Tax Tribunal Act of
12    2012.
13        (hh) The report submitted to the State Board of
14    Education by the School Security and Standards Task Force
15    under item (8) of subsection (d) of Section 2-3.160 of the
16    School Code and any information contained in that report.
17        (ii) Records requested by persons committed to or
18    detained by the Department of Human Services under the
19    Sexually Violent Persons Commitment Act or committed to
20    the Department of Corrections under the Sexually Dangerous
21    Persons Act if those materials: (i) are available in the
22    library of the facility where the individual is confined;
23    (ii) include records from staff members' personnel files,
24    staff rosters, or other staffing assignment information;
25    or (iii) are available through an administrative request
26    to the Department of Human Services or the Department of

 

 

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1    Corrections.
2        (jj) Confidential information described in Section
3    5-535 of the Civil Administrative Code of Illinois.
4        (kk) The public body's credit card numbers, debit card
5    numbers, bank account numbers, Federal Employer
6    Identification Number, security code numbers, passwords,
7    and similar account information, the disclosure of which
8    could result in identity theft or impression or defrauding
9    of a governmental entity or a person.
10        (ll) Records concerning the work of the threat
11    assessment team of a school district.
12    (1.5) Any information exempt from disclosure under the
13Judicial Privacy Act shall be redacted from public records
14prior to disclosure under this Act.
15    (2) A public record that is not in the possession of a
16public body but is in the possession of a party with whom the
17agency has contracted to perform a governmental function on
18behalf of the public body, and that directly relates to the
19governmental function and is not otherwise exempt under this
20Act, shall be considered a public record of the public body,
21for purposes of this Act.
22    (3) This Section does not authorize withholding of
23information or limit the availability of records to the
24public, except as stated in this Section or otherwise provided
25in this Act.
26(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;

 

 

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1101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
26-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; revised
32-3-22.)
 
4    Section 10. The Department of Innovation and Technology
5Act is amended by adding Section 1-75 as follows:
 
6    (20 ILCS 1370/1-75 new)
7    Sec. 1-75. Local government cybersecurity designee. The
8principal executive officer, or his or her designee, of each
9municipality with a population of 35,000 or greater and of
10each county shall designate a local official or employee as
11the primary point of contact for local cybersecurity issues.
12Each jurisdiction must provide the name and contact
13information of the cybersecurity designee to the Department
14and update the information as necessary.
 
15    Section 15. The Illinois Information Security Improvement
16Act is amended by changing Section 5-25 and by adding Section
175-30 as follows:
 
18    (20 ILCS 1375/5-25)
19    Sec. 5-25. Responsibilities.
20    (a) The Secretary shall:
21        (1) appoint a Statewide Chief Information Security
22    Officer pursuant to Section 5-20;

 

 

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1        (2) provide the Office with the staffing and resources
2    deemed necessary by the Secretary to fulfill the
3    responsibilities of the Office;
4        (3) oversee statewide information security policies
5    and practices, including:
6            (A) directing and overseeing the development,
7        implementation, and communication of statewide
8        information security policies, standards, and
9        guidelines;
10            (B) overseeing the education of State agency
11        personnel regarding the requirement to identify and
12        provide information security protections commensurate
13        with the risk and magnitude of the harm resulting from
14        the unauthorized access, use, disclosure, disruption,
15        modification, or destruction of information in a
16        critical information system;
17            (C) overseeing the development and implementation
18        of a statewide information security risk management
19        program;
20            (D) overseeing State agency compliance with the
21        requirements of this Section;
22            (E) coordinating Information Security policies and
23        practices with related information and personnel
24        resources management policies and procedures; and
25            (F) providing an effective and efficient process
26        to assist State agencies with complying with the

 

 

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1        requirements of this Act; and .
2        (4) subject to appropriation, establish a
3    cybersecurity liaison program to advise and assist units
4    of local government in identifying cyber threats,
5    performing risk assessments, sharing best practices, and
6    responding to cyber incidents.
7    (b) The Statewide Chief Information Security Officer
8shall:
9        (1) serve as the head of the Office and ensure the
10    execution of the responsibilities of the Office as set
11    forth in subsection (c) of Section 5-15, the Statewide
12    Chief Information Security Officer shall also oversee
13    State agency personnel with significant responsibilities
14    for information security and ensure a competent workforce
15    that keeps pace with the changing information security
16    environment;
17        (2) develop and recommend information security
18    policies, standards, procedures, and guidelines to the
19    Secretary for statewide adoption and monitor compliance
20    with these policies, standards, guidelines, and procedures
21    through periodic testing;
22        (3) develop and maintain risk-based, cost-effective
23    information security programs and control techniques to
24    address all applicable security and compliance
25    requirements throughout the life cycle of State agency
26    information systems;

 

 

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1        (4) establish the procedures, processes, and
2    technologies to rapidly and effectively identify threats,
3    risks, and vulnerabilities to State information systems,
4    and ensure the prioritization of the remediation of
5    vulnerabilities that pose risk to the State;
6        (5) develop and implement capabilities and procedures
7    for detecting, reporting, and responding to information
8    security incidents;
9        (6) establish and direct a statewide information
10    security risk management program to identify information
11    security risks in State agencies and deploy risk
12    mitigation strategies, processes, and procedures;
13        (7) establish the State's capability to sufficiently
14    protect the security of data through effective information
15    system security planning, secure system development,
16    acquisition, and deployment, the application of protective
17    technologies and information system certification,
18    accreditation, and assessments;
19        (8) ensure that State agency personnel, including
20    contractors, are appropriately screened and receive
21    information security awareness training;
22        (9) convene meetings with agency heads and other State
23    officials to help ensure:
24            (A) the ongoing communication of risk and risk
25        reduction strategies,
26            (B) effective implementation of information

 

 

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1        security policies and practices, and
2            (C) the incorporation of and compliance with
3        information security policies, standards, and
4        guidelines into the policies and procedures of the
5        agencies;
6        (10) provide operational and technical assistance to
7    State agencies in implementing policies, principles,
8    standards, and guidelines on information security,
9    including implementation of standards promulgated under
10    subparagraph (A) of paragraph (3) of subsection (a) of
11    this Section, and provide assistance and effective and
12    efficient means for State agencies to comply with the
13    State agency requirements under this Act;
14        (11) in coordination and consultation with the
15    Secretary and the Governor's Office of Management and
16    Budget, review State agency budget requests related to
17    Information Security systems and provide recommendations
18    to the Governor's Office of Management and Budget;
19        (12) ensure the preparation and maintenance of plans
20    and procedures to provide cyber resilience and continuity
21    of operations for critical information systems that
22    support the operations of the State; and
23        (13) take such other actions as the Secretary may
24    direct.
25(Source: P.A. 100-611, eff. 7-20-18; 101-81, eff. 7-12-19.)
 

 

 

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1    (20 ILCS 1375/5-30 new)
2    Sec. 5-30. Local government employee cybersecurity
3training. Every employee of a county or municipality shall
4annually complete a cybersecurity training program. The
5training shall include, but need not be limited to, detecting
6phishing scams, preventing spyware infections and identity
7theft, and preventing and responding to data breaches. The
8Department shall make available to each county and
9municipality a training program for employees that complies
10with the content requirements of this Section. A county or
11municipality may create its own cybersecurity training
12program.
 
13    Section 20. The Illinois Procurement Code is amended by
14adding Section 25-90 as follows:
 
15    (30 ILCS 500/25-90 new)
16    Sec. 25-90. Cybersecurity prohibited products. State
17agencies are prohibited from purchasing any products that, due
18to cybersecurity risks, are prohibited for purchase by federal
19agencies pursuant to a United States Department of Homeland
20Security Binding Operational Directive.