Full Text of HB2888 103rd General Assembly
HB2888 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB2888 Introduced 2/16/2023___________, by SYNOPSIS AS INTRODUCED: |
| 5 ILCS 140/2 | from Ch. 116, par. 202 | 5 ILCS 140/7 | |
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Amends the Freedom of Information Act. Modifies the definition of "private information" by providing that medical records include electronic medical records and the information contained within or extracted from an electronic medical records system operated or maintained by a Health Insurance Portability and Accountability Act covered entity. Exempts from disclosure all protected health information that may be
contained within or extracted from any record held by a covered entity, including information that alone
or compiled or under circumstances in which the patient
information combined with other information could allow
for patient identification, in compliance with the Health Insurance Portability and Accountability Act.
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| | A BILL FOR |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Freedom of Information Act is amended by | 5 | | changing Sections 2 and 7 as follows:
| 6 | | (5 ILCS 140/2) (from Ch. 116, par. 202)
| 7 | | Sec. 2. Definitions. As used in this Act:
| 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.
| 23 | | (b) "Person" means any individual, corporation, |
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| 1 | | partnership, firm,
organization
or association, acting | 2 | | individually or as a group.
| 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
| 22 | | which the patient information combined with other information
| 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 under | 26 | | 45 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.
| 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.
| 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)
| 8 | | (Text of Section before amendment by P.A. 102-982 ) | 9 | | Sec. 7. Exemptions.
| 10 | | (1) When a request is made to inspect or copy a public | 11 | | record that contains information that is exempt from | 12 | | disclosure under this Section, but also contains information | 13 | | that is not exempt from disclosure, the public body may elect | 14 | | to redact the information that is exempt. The public body | 15 | | shall make the remaining information available for inspection | 16 | | and copying. Subject to this requirement, the following shall | 17 | | be exempt from inspection and copying:
| 18 | | (a) Information specifically prohibited from | 19 | | disclosure by federal or
State law or rules and | 20 | | regulations implementing federal or State law.
| 21 | | (b) Private information, unless disclosure is required | 22 | | by another provision of this Act, a State or federal law, | 23 | | or a court order. | 24 | | (b-5) Files, documents, and other data or databases | 25 | | 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 self insurance (including any | 12 | | intergovernmental risk management association or | 13 | | self-insurance self insurance pool) claims, loss or risk | 14 | | management information, records, data, advice , or | 15 | | communications.
| 16 | | (t) Information contained in or related to | 17 | | examination, operating, or
condition reports prepared by, | 18 | | on behalf of, or for the use of a public
body responsible | 19 | | for the regulation or supervision of financial
| 20 | | institutions, insurance companies, or pharmacy benefit | 21 | | managers, unless disclosure is otherwise
required by State | 22 | | law.
| 23 | | (u) Information that would disclose
or might lead to | 24 | | the disclosure of
secret or confidential information, | 25 | | codes, algorithms, programs, or private
keys intended to | 26 | | be used to create electronic signatures under the Uniform |
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| 1 | | Electronic Transactions Act.
| 2 | | (v) Vulnerability assessments, security measures, and | 3 | | response policies
or plans that are designed to identify, | 4 | | prevent, or respond to potential
attacks upon a | 5 | | community's population or systems, facilities, or | 6 | | installations, but only to the extent that
disclosure | 7 | | could reasonably be expected to expose the vulnerability | 8 | | or jeopardize the effectiveness of the
measures, policies, | 9 | | or plans, or the safety of the personnel who implement | 10 | | them or the public.
Information exempt under this item may | 11 | | include such things as details
pertaining to the | 12 | | mobilization or deployment of personnel or equipment, to | 13 | | the
operation of communication systems or protocols, to | 14 | | cybersecurity vulnerabilities, or to tactical operations.
| 15 | | (w) (Blank). | 16 | | (x) Maps and other records regarding the location or | 17 | | security of generation, transmission, distribution, | 18 | | storage, gathering,
treatment, or switching facilities | 19 | | owned by a utility, by a power generator, or by the | 20 | | Illinois Power Agency.
| 21 | | (y) Information contained in or related to proposals, | 22 | | bids, or negotiations related to electric power | 23 | | procurement under Section 1-75 of the Illinois Power | 24 | | Agency Act and Section 16-111.5 of the Public Utilities | 25 | | Act that is determined to be confidential and proprietary | 26 | | by the Illinois Power Agency or by the Illinois Commerce |
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| 1 | | Commission.
| 2 | | (z) Information about students exempted from | 3 | | disclosure under Section Sections 10-20.38 or 34-18.29 of | 4 | | the School Code, and information about undergraduate | 5 | | students enrolled at an institution of higher education | 6 | | exempted from disclosure under Section 25 of the Illinois | 7 | | Credit Card Marketing Act of 2009. | 8 | | (aa) Information the disclosure of which is
exempted | 9 | | under the Viatical Settlements Act of 2009.
| 10 | | (bb) Records and information provided to a mortality | 11 | | review team and records maintained by a mortality review | 12 | | team appointed under the Department of Juvenile Justice | 13 | | Mortality Review Team Act. | 14 | | (cc) Information regarding interments, entombments, or | 15 | | inurnments of human remains that are submitted to the | 16 | | Cemetery Oversight Database under the Cemetery Care Act or | 17 | | the Cemetery Oversight Act, whichever is applicable. | 18 | | (dd) Correspondence and records (i) that may not be | 19 | | disclosed under Section 11-9 of the Illinois Public Aid | 20 | | Code or (ii) that pertain to appeals under Section 11-8 of | 21 | | the Illinois Public Aid Code. | 22 | | (ee) The names, addresses, or other personal | 23 | | information of persons who are minors and are also | 24 | | participants and registrants in programs of park | 25 | | districts, forest preserve districts, conservation | 26 | | districts, recreation agencies, and special recreation |
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| 1 | | associations. | 2 | | (ff) The names, addresses, or other personal | 3 | | information of participants and registrants in programs of | 4 | | park districts, forest preserve districts, conservation | 5 | | districts, recreation agencies, and special recreation | 6 | | associations where such programs are targeted primarily to | 7 | | minors. | 8 | | (gg) Confidential information described in Section | 9 | | 1-100 of the Illinois Independent Tax Tribunal Act of | 10 | | 2012. | 11 | | (hh) The report submitted to the State Board of | 12 | | Education by the School Security and Standards Task Force | 13 | | under item (8) of subsection (d) of Section 2-3.160 of the | 14 | | School Code and any information contained in that report. | 15 | | (ii) Records requested by persons committed to or | 16 | | detained by the Department of Human Services under the | 17 | | Sexually Violent Persons Commitment Act or committed to | 18 | | the Department of Corrections under the Sexually Dangerous | 19 | | Persons Act if those materials: (i) are available in the | 20 | | library of the facility where the individual is confined; | 21 | | (ii) include records from staff members' personnel files, | 22 | | staff rosters, or other staffing assignment information; | 23 | | or (iii) are available through an administrative request | 24 | | to the Department of Human Services or the Department of | 25 | | Corrections. | 26 | | (jj) Confidential information described in Section |
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| 1 | | 5-535 of the Civil Administrative Code of Illinois. | 2 | | (kk) The public body's credit card numbers, debit card | 3 | | numbers, bank account numbers, Federal Employer | 4 | | Identification Number, security code numbers, passwords, | 5 | | and similar account information, the disclosure of which | 6 | | could result in identity theft or impression or defrauding | 7 | | of a governmental entity or a person. | 8 | | (ll) Records concerning the work of the threat | 9 | | assessment team of a school district, including, but not | 10 | | limited to, any threat assessment procedure under the | 11 | | School Safety Drill Act and any information contained in | 12 | | the procedure. | 13 | | (mm) Information prohibited from being disclosed under | 14 | | subsections (a) and (b) of Section 15 of the Student | 15 | | Confidential Reporting Act. | 16 | | (nn) (mm) Proprietary information submitted to the
| 17 | | Environmental Protection Agency under the Drug Take-Back
| 18 | | Act. | 19 | | (oo) (mm) Records described in subsection (f) of | 20 | | Section 3-5-1 of the Unified Code of Corrections. | 21 | | (1.5) Any information exempt from disclosure under the | 22 | | Judicial Privacy Act shall be redacted from public records | 23 | | prior to disclosure under this Act. | 24 | | (2) A public record that is not in the possession of a | 25 | | public body but is in the possession of a party with whom the | 26 | | agency has contracted to perform a governmental function on |
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| 1 | | behalf of the public body, and that directly relates to the | 2 | | governmental function and is not otherwise exempt under this | 3 | | Act, shall be considered a public record of the public body, | 4 | | for purposes of this Act. | 5 | | (3) This Section does not authorize withholding of | 6 | | information or limit the
availability of records to the | 7 | | public, except as stated in this Section or
otherwise provided | 8 | | in this Act.
| 9 | | (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; | 10 | | 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | 11 | | 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752, | 12 | | eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23; | 13 | | 102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; revised | 14 | | 12-13-22.) | 15 | | (Text of Section after amendment by P.A. 102-982 )
| 16 | | Sec. 7. Exemptions.
| 17 | | (1) When a request is made to inspect or copy a public | 18 | | record that contains information that is exempt from | 19 | | disclosure under this Section, but also contains information | 20 | | that is not exempt from disclosure, the public body may elect | 21 | | to redact the information that is exempt. The public body | 22 | | shall make the remaining information available for inspection | 23 | | and copying. Subject to this requirement, the following shall | 24 | | be exempt from inspection and copying:
| 25 | | (a) Information specifically prohibited from |
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| 1 | | disclosure by federal or
State law or rules and | 2 | | regulations implementing federal or State law.
| 3 | | (b) Private information, unless disclosure is required | 4 | | by another provision of this Act, a State or federal law, | 5 | | or a court order. | 6 | | (b-5) Files, documents, and other data or databases | 7 | | maintained by one or more law enforcement agencies and | 8 | | specifically designed to provide information to one or | 9 | | more law enforcement agencies regarding the physical or | 10 | | mental status of one or more individual subjects. | 11 | | (c) Personal information contained within public | 12 | | records, the disclosure of which would constitute a | 13 | | clearly
unwarranted invasion of personal privacy, unless | 14 | | the disclosure is
consented to in writing by the | 15 | | individual subjects of the information. "Unwarranted | 16 | | invasion of personal privacy" means the disclosure of | 17 | | information that is highly personal or objectionable to a | 18 | | reasonable person and in which the subject's right to | 19 | | privacy outweighs any legitimate public interest in | 20 | | obtaining the information. The
disclosure of information | 21 | | that bears on the public duties of public
employees and | 22 | | officials shall not be considered an invasion of personal
| 23 | | privacy.
| 24 | | (d) Records in the possession of any public body | 25 | | created in the course of administrative enforcement
| 26 | | proceedings, and any law enforcement or correctional |
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| 1 | | agency for
law enforcement purposes,
but only to the | 2 | | extent that disclosure would:
| 3 | | (i) interfere with pending or actually and | 4 | | reasonably contemplated
law enforcement proceedings | 5 | | conducted by any law enforcement or correctional
| 6 | | agency that is the recipient of the request;
| 7 | | (ii) interfere with active administrative | 8 | | enforcement proceedings
conducted by the public body | 9 | | that is the recipient of the request;
| 10 | | (iii) create a substantial likelihood that a | 11 | | person will be deprived of a fair trial or an impartial | 12 | | hearing;
| 13 | | (iv) unavoidably disclose the identity of a | 14 | | confidential source, confidential information | 15 | | furnished only by the confidential source, or persons | 16 | | who file complaints with or provide information to | 17 | | administrative, investigative, law enforcement, or | 18 | | penal agencies; except that the identities of | 19 | | witnesses to traffic crashes, traffic crash reports, | 20 | | and rescue reports shall be provided by agencies of | 21 | | local government, except when disclosure would | 22 | | interfere with an active criminal investigation | 23 | | conducted by the agency that is the recipient of the | 24 | | request;
| 25 | | (v) disclose unique or specialized investigative | 26 | | techniques other than
those generally used and known |
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| 1 | | or disclose internal documents of
correctional | 2 | | agencies related to detection, observation , or | 3 | | investigation of
incidents of crime or misconduct, and | 4 | | disclosure would result in demonstrable harm to the | 5 | | agency or public body that is the recipient of the | 6 | | request;
| 7 | | (vi) endanger the life or physical safety of law | 8 | | enforcement personnel
or any other person; or
| 9 | | (vii) obstruct an ongoing criminal investigation | 10 | | by the agency that is the recipient of the request.
| 11 | | (d-5) A law enforcement record created for law | 12 | | enforcement purposes and contained in a shared electronic | 13 | | record management system if the law enforcement agency | 14 | | that is the recipient of the request did not create the | 15 | | record, did not participate in or have a role in any of the | 16 | | events which are the subject of the record, and only has | 17 | | access to the record through the shared electronic record | 18 | | management system. | 19 | | (d-6) Records contained in the Officer Professional | 20 | | Conduct Database under Section 9.2 of the Illinois Police | 21 | | Training Act, except to the extent authorized under that | 22 | | Section. This includes the documents supplied to the | 23 | | Illinois Law Enforcement Training Standards Board from the | 24 | | Illinois State Police and Illinois State Police Merit | 25 | | Board. | 26 | | (e) Records that relate to or affect the security of |
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| 1 | | correctional
institutions and detention facilities.
| 2 | | (e-5) Records requested by persons committed to the | 3 | | Department of Corrections, Department of Human Services | 4 | | Division of Mental Health, or a county jail if those | 5 | | materials are available in the library of the correctional | 6 | | institution or facility or jail where the inmate is | 7 | | confined. | 8 | | (e-6) Records requested by persons committed to the | 9 | | Department of Corrections, Department of Human Services | 10 | | Division of Mental Health, or a county jail if those | 11 | | materials include records from staff members' personnel | 12 | | files, staff rosters, or other staffing assignment | 13 | | information. | 14 | | (e-7) Records requested by persons committed to the | 15 | | Department of Corrections or Department of Human Services | 16 | | Division of Mental Health if those materials are available | 17 | | through an administrative request to the Department of | 18 | | Corrections or Department of Human Services Division of | 19 | | Mental Health. | 20 | | (e-8) Records requested by a person committed to the | 21 | | Department of Corrections, Department of Human Services | 22 | | Division of Mental Health, or a county jail, the | 23 | | disclosure of which would result in the risk of harm to any | 24 | | person or the risk of an escape from a jail or correctional | 25 | | institution or facility. | 26 | | (e-9) Records requested by a person in a county jail |
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| 1 | | or committed to the Department of Corrections or | 2 | | Department of Human Services Division of Mental Health, | 3 | | containing personal information pertaining to the person's | 4 | | victim or the victim's family, including, but not limited | 5 | | to, a victim's home address, home telephone number, work | 6 | | or school address, work telephone number, social security | 7 | | number, or any other identifying information, except as | 8 | | may be relevant to a requester's current or potential case | 9 | | or claim. | 10 | | (e-10) Law enforcement records of other persons | 11 | | requested by a person committed to the Department of | 12 | | Corrections, Department of Human Services Division of | 13 | | Mental Health, or a county jail, including, but not | 14 | | limited to, arrest and booking records, mug shots, and | 15 | | crime scene photographs, except as these records may be | 16 | | relevant to the requester's current or potential case or | 17 | | claim. | 18 | | (f) Preliminary drafts, notes, recommendations, | 19 | | memoranda, and other
records in which opinions are | 20 | | expressed, or policies or actions are
formulated, except | 21 | | that a specific record or relevant portion of a
record | 22 | | shall not be exempt when the record is publicly cited
and | 23 | | identified by the head of the public body. The exemption | 24 | | provided in
this paragraph (f) extends to all those | 25 | | records of officers and agencies
of the General Assembly | 26 | | that pertain to the preparation of legislative
documents.
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| 1 | | (g) Trade secrets and commercial or financial | 2 | | information obtained from
a person or business where the | 3 | | trade secrets or commercial or financial information are | 4 | | furnished under a claim that they are
proprietary, | 5 | | privileged, or confidential, and that disclosure of the | 6 | | trade
secrets or commercial or financial information would | 7 | | cause competitive harm to the person or business, and only | 8 | | insofar as the claim directly applies to the records | 9 | | requested. | 10 | | The information included under this exemption includes | 11 | | all trade secrets and commercial or financial information | 12 | | obtained by a public body, including a public pension | 13 | | fund, from a private equity fund or a privately held | 14 | | company within the investment portfolio of a private | 15 | | equity fund as a result of either investing or evaluating | 16 | | a potential investment of public funds in a private equity | 17 | | fund. The exemption contained in this item does not apply | 18 | | to the aggregate financial performance information of a | 19 | | private equity fund, nor to the identity of the fund's | 20 | | managers or general partners. The exemption contained in | 21 | | this item does not apply to the identity of a privately | 22 | | held company within the investment portfolio of a private | 23 | | equity fund, unless the disclosure of the identity of a | 24 | | privately held company may cause competitive harm. | 25 | | Nothing contained in this
paragraph (g) shall be | 26 | | construed to prevent a person or business from
consenting |
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| 1 | | to disclosure.
| 2 | | (h) Proposals and bids for any contract, grant, or | 3 | | agreement, including
information which if it were | 4 | | disclosed would frustrate procurement or give
an advantage | 5 | | to any person proposing to enter into a contractor | 6 | | agreement
with the body, until an award or final selection | 7 | | is made. Information
prepared by or for the body in | 8 | | preparation of a bid solicitation shall be
exempt until an | 9 | | award or final selection is made.
| 10 | | (i) Valuable formulae,
computer geographic systems,
| 11 | | designs, drawings , and research data obtained or
produced | 12 | | by any public body when disclosure could reasonably be | 13 | | expected to
produce private gain or public loss.
The | 14 | | exemption for "computer geographic systems" provided in | 15 | | this paragraph
(i) does not extend to requests made by | 16 | | news media as defined in Section 2 of
this Act when the | 17 | | requested information is not otherwise exempt and the only
| 18 | | purpose of the request is to access and disseminate | 19 | | information regarding the
health, safety, welfare, or | 20 | | legal rights of the general public.
| 21 | | (j) The following information pertaining to | 22 | | educational matters: | 23 | | (i) test questions, scoring keys, and other | 24 | | examination data used to
administer an academic | 25 | | examination;
| 26 | | (ii) information received by a primary or |
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| 1 | | secondary school, college, or university under its | 2 | | procedures for the evaluation of faculty members by | 3 | | their academic peers; | 4 | | (iii) information concerning a school or | 5 | | university's adjudication of student disciplinary | 6 | | cases, but only to the extent that disclosure would | 7 | | unavoidably reveal the identity of the student; and | 8 | | (iv) course materials or research materials used | 9 | | by faculty members. | 10 | | (k) Architects' plans, engineers' technical | 11 | | submissions, and
other
construction related technical | 12 | | documents for
projects not constructed or developed in | 13 | | whole or in part with public funds
and the same for | 14 | | projects constructed or developed with public funds, | 15 | | including, but not limited to, power generating and | 16 | | distribution stations and other transmission and | 17 | | distribution facilities, water treatment facilities, | 18 | | airport facilities, sport stadiums, convention centers, | 19 | | and all government owned, operated, or occupied buildings, | 20 | | but
only to the extent
that disclosure would compromise | 21 | | security.
| 22 | | (l) Minutes of meetings of public bodies closed to the
| 23 | | public as provided in the Open Meetings Act until the | 24 | | public body
makes the minutes available to the public | 25 | | under Section 2.06 of the Open
Meetings Act.
| 26 | | (m) Communications between a public body and an |
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| 1 | | attorney or auditor
representing the public body that | 2 | | would not be subject to discovery in
litigation, and | 3 | | materials prepared or compiled by or for a public body in
| 4 | | anticipation of a criminal, civil, or administrative | 5 | | proceeding upon the
request of an attorney advising the | 6 | | public body, and materials prepared or
compiled with | 7 | | respect to internal audits of public bodies.
| 8 | | (n) Records relating to a public body's adjudication | 9 | | of employee grievances or disciplinary cases; however, | 10 | | this exemption shall not extend to the final outcome of | 11 | | cases in which discipline is imposed.
| 12 | | (o) Administrative or technical information associated | 13 | | with automated
data processing operations, including, but | 14 | | not limited to, software,
operating protocols, computer | 15 | | program abstracts, file layouts, source
listings, object | 16 | | modules, load modules, user guides, documentation
| 17 | | pertaining to all logical and physical design of | 18 | | computerized systems,
employee manuals, and any other | 19 | | information that, if disclosed, would
jeopardize the | 20 | | security of the system or its data or the security of
| 21 | | materials exempt under this Section.
| 22 | | (p) Records relating to collective negotiating matters
| 23 | | between public bodies and their employees or | 24 | | representatives, except that
any final contract or | 25 | | agreement shall be subject to inspection and copying.
| 26 | | (q) Test questions, scoring keys, and other |
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| 1 | | examination data used to determine the qualifications of | 2 | | an applicant for a license or employment.
| 3 | | (r) The records, documents, and information relating | 4 | | to real estate
purchase negotiations until those | 5 | | negotiations have been completed or
otherwise terminated. | 6 | | With regard to a parcel involved in a pending or
actually | 7 | | and reasonably contemplated eminent domain proceeding | 8 | | under the Eminent Domain Act, records, documents, and
| 9 | | information relating to that parcel shall be exempt except | 10 | | as may be
allowed under discovery rules adopted by the | 11 | | Illinois Supreme Court. The
records, documents, and | 12 | | information relating to a real estate sale shall be
exempt | 13 | | until a sale is consummated.
| 14 | | (s) Any and all proprietary information and records | 15 | | related to the
operation of an intergovernmental risk | 16 | | management association or
self-insurance pool or jointly | 17 | | self-administered health and accident
cooperative or pool.
| 18 | | Insurance or self-insurance self insurance (including any | 19 | | intergovernmental risk management association or | 20 | | self-insurance self insurance pool) claims, loss or risk | 21 | | management information, records, data, advice , or | 22 | | communications.
| 23 | | (t) Information contained in or related to | 24 | | examination, operating, or
condition reports prepared by, | 25 | | on behalf of, or for the use of a public
body responsible | 26 | | for the regulation or supervision of financial
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| 1 | | institutions, insurance companies, or pharmacy benefit | 2 | | managers, unless disclosure is otherwise
required by State | 3 | | law.
| 4 | | (u) Information that would disclose
or might lead to | 5 | | the disclosure of
secret or confidential information, | 6 | | codes, algorithms, programs, or private
keys intended to | 7 | | be used to create electronic signatures under the Uniform | 8 | | Electronic Transactions Act.
| 9 | | (v) Vulnerability assessments, security measures, and | 10 | | response policies
or plans that are designed to identify, | 11 | | prevent, or respond to potential
attacks upon a | 12 | | community's population or systems, facilities, or | 13 | | installations, but only to the extent that
disclosure | 14 | | could reasonably be expected to expose the vulnerability | 15 | | or jeopardize the effectiveness of the
measures, policies, | 16 | | or plans, or the safety of the personnel who implement | 17 | | them or the public.
Information exempt under this item may | 18 | | include such things as details
pertaining to the | 19 | | mobilization or deployment of personnel or equipment, to | 20 | | the
operation of communication systems or protocols, to | 21 | | cybersecurity vulnerabilities, or to tactical operations.
| 22 | | (w) (Blank). | 23 | | (x) Maps and other records regarding the location or | 24 | | security of generation, transmission, distribution, | 25 | | storage, gathering,
treatment, or switching facilities | 26 | | owned by a utility, by a power generator, or by the |
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| 1 | | Illinois Power Agency.
| 2 | | (y) Information contained in or related to proposals, | 3 | | bids, or negotiations related to electric power | 4 | | procurement under Section 1-75 of the Illinois Power | 5 | | Agency Act and Section 16-111.5 of the Public Utilities | 6 | | Act that is determined to be confidential and proprietary | 7 | | by the Illinois Power Agency or by the Illinois Commerce | 8 | | Commission.
| 9 | | (z) Information about students exempted from | 10 | | disclosure under Section Sections 10-20.38 or 34-18.29 of | 11 | | the School Code, and information about undergraduate | 12 | | students enrolled at an institution of higher education | 13 | | exempted from disclosure under Section 25 of the Illinois | 14 | | Credit Card Marketing Act of 2009. | 15 | | (aa) Information the disclosure of which is
exempted | 16 | | under the Viatical Settlements Act of 2009.
| 17 | | (bb) Records and information provided to a mortality | 18 | | review team and records maintained by a mortality review | 19 | | team appointed under the Department of Juvenile Justice | 20 | | Mortality Review Team Act. | 21 | | (cc) Information regarding interments, entombments, or | 22 | | inurnments of human remains that are submitted to the | 23 | | Cemetery Oversight Database under the Cemetery Care Act or | 24 | | the Cemetery Oversight Act, whichever is applicable. | 25 | | (dd) Correspondence and records (i) that may not be | 26 | | disclosed under Section 11-9 of the Illinois Public Aid |
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| 1 | | Code or (ii) that pertain to appeals under Section 11-8 of | 2 | | the Illinois Public Aid Code. | 3 | | (ee) The names, addresses, or other personal | 4 | | information of persons who are minors and are also | 5 | | participants and registrants in programs of park | 6 | | districts, forest preserve districts, conservation | 7 | | districts, recreation agencies, and special recreation | 8 | | associations. | 9 | | (ff) The names, addresses, or other personal | 10 | | information of participants and registrants in programs of | 11 | | park districts, forest preserve districts, conservation | 12 | | districts, recreation agencies, and special recreation | 13 | | associations where such programs are targeted primarily to | 14 | | minors. | 15 | | (gg) Confidential information described in Section | 16 | | 1-100 of the Illinois Independent Tax Tribunal Act of | 17 | | 2012. | 18 | | (hh) The report submitted to the State Board of | 19 | | Education by the School Security and Standards Task Force | 20 | | under item (8) of subsection (d) of Section 2-3.160 of the | 21 | | School Code and any information contained in that report. | 22 | | (ii) Records requested by persons committed to or | 23 | | detained by the Department of Human Services under the | 24 | | Sexually Violent Persons Commitment Act or committed to | 25 | | the Department of Corrections under the Sexually Dangerous | 26 | | Persons Act if those materials: (i) are available in the |
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| 1 | | library of the facility where the individual is confined; | 2 | | (ii) include records from staff members' personnel files, | 3 | | staff rosters, or other staffing assignment information; | 4 | | or (iii) are available through an administrative request | 5 | | to the Department of Human Services or the Department of | 6 | | Corrections. | 7 | | (jj) Confidential information described in Section | 8 | | 5-535 of the Civil Administrative Code of Illinois. | 9 | | (kk) The public body's credit card numbers, debit card | 10 | | numbers, bank account numbers, Federal Employer | 11 | | Identification Number, security code numbers, passwords, | 12 | | and similar account information, the disclosure of which | 13 | | could result in identity theft or impression or defrauding | 14 | | of a governmental entity or a person. | 15 | | (ll) Records concerning the work of the threat | 16 | | assessment team of a school district, including, but not | 17 | | limited to, any threat assessment procedure under the | 18 | | School Safety Drill Act and any information contained in | 19 | | the procedure. | 20 | | (mm) Information prohibited from being disclosed under | 21 | | subsections (a) and (b) of Section 15 of the Student | 22 | | Confidential Reporting Act. | 23 | | (nn) (mm) Proprietary information submitted to the
| 24 | | Environmental Protection Agency under the Drug Take-Back
| 25 | | Act. | 26 | | (oo) (mm) Records described in subsection (f) of |
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| 1 | | Section 3-5-1 of the Unified Code of Corrections. | 2 | | (pp) All protected health information, as defined by | 3 | | 45 CFR 16.103, that may be
contained within or extracted | 4 | | from any record held by a covered entity, as defined by 45 | 5 | | CFR 160.103, including information that alone
or compiled | 6 | | or under circumstances in which the patient
information | 7 | | combined with other information could allow
for patient | 8 | | identification, in compliance with the Health Insurance | 9 | | Portability and Accountability Act. | 10 | | (1.5) Any information exempt from disclosure under the | 11 | | Judicial Privacy Act shall be redacted from public records | 12 | | prior to disclosure under this Act. | 13 | | (2) A public record that is not in the possession of a | 14 | | public body but is in the possession of a party with whom the | 15 | | agency has contracted to perform a governmental function on | 16 | | behalf of the public body, and that directly relates to the | 17 | | governmental function and is not otherwise exempt under this | 18 | | Act, shall be considered a public record of the public body, | 19 | | for purposes of this Act. | 20 | | (3) This Section does not authorize withholding of | 21 | | information or limit the
availability of records to the | 22 | | public, except as stated in this Section or
otherwise provided | 23 | | in this Act.
| 24 | | (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; | 25 | | 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | 26 | | 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752, |
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| 1 | | eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23; | 2 | | 102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff. | 3 | | 6-10-22; revised 12-13-22.)
| 4 | | Section 95. No acceleration or delay. Where this Act makes | 5 | | changes in a statute that is represented in this Act by text | 6 | | that is not yet or no longer in effect (for example, a Section | 7 | | represented by multiple versions), the use of that text does | 8 | | not accelerate or delay the taking effect of (i) the changes | 9 | | made by this Act or (ii) provisions derived from any other | 10 | | Public Act.
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