Full Text of HB2039 103rd General Assembly
HB2039eng 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the Access | 5 | | to Public Health Data Act. | 6 | | Section 5. Definition. In this Act, "public health data" | 7 | | includes, but is not limited to, birth and death certificate | 8 | | data, hospital discharge data, adverse pregnancy outcomes | 9 | | reporting system (APORS) data, cancer registry data, syndromic | 10 | | surveillance data, and prescription monitoring program (PMP) | 11 | | data. | 12 | | Section 10. Access to public health data; certified local | 13 | | health departments; safeguards.
| 14 | | (a) Notwithstanding any other provision of State law to | 15 | | the contrary, the Department of Public Health, the Department | 16 | | of Human Services, and the Department of Healthcare and Family | 17 | | Services shall, at the request of a certified local health | 18 | | department in this State, make any and all public health data | 19 | | related to residents of that certified local health | 20 | | department's jurisdiction available to that certified local | 21 | | health department for the purposes of preventing or | 22 | | controlling disease, injury, or disability. The commissioner, |
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| 1 | | executive director, chief operating officer, chief medical | 2 | | officer, or equivalent executive leader of a certified local | 3 | | health department has express authority to request and receive | 4 | | such data.
| 5 | | (b) A certified local health department shall have access | 6 | | to data under this Act only for the purposes identified in this | 7 | | Act. The Department of Public Health, the Department of Human | 8 | | Services, the Department of Healthcare and Family Services, | 9 | | and the requesting certified local health department shall | 10 | | protect the privacy and security of data obtained under this | 11 | | Act in accordance with applicable federal and State law and | 12 | | shall apply appropriate administrative, physical, and | 13 | | technical safeguards to ensure the privacy and security of the | 14 | | data and protect the data from unauthorized access, use, or | 15 | | disclosure. Appropriate safeguards include, but are not | 16 | | limited to, authentication and authorization of users prior to | 17 | | gaining access to data obtained under this Act. | 18 | | (c) A certified local health department shall apply | 19 | | appropriate controls to ensure that access to data under this | 20 | | Act is provided on a minimum, necessary basis and limited to | 21 | | only those persons whose public health duties and | 22 | | responsibilities require such access. Any data obtained under | 23 | | this Act and in the possession of a certified local health | 24 | | department shall be exempt from inspection and copying under | 25 | | subsection (pp) of Section 7 of the Freedom of Information | 26 | | Act. Any data obtained under this Act shall not be admissible |
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| 1 | | as evidence nor discoverable in any action of any kind in any | 2 | | court or before any tribunal, board, agency, or person. The | 3 | | access to or disclosure of any information or data by a | 4 | | certified local health department under this Act shall not | 5 | | waive or have any effect upon its nondiscoverability or | 6 | | inadmissibility. The identity of any individual identified in | 7 | | data obtained under this Act shall be confidential and shall | 8 | | not be disclosed publicly or in any action of any kind.
| 9 | | Section 15. Data use agreements. A disclosing State | 10 | | department and the requesting certified local health | 11 | | department shall enter into a data use agreement to ensure | 12 | | appropriate, effective, and efficient use of data obtained | 13 | | under this Act by the certified local health department, | 14 | | though no data use agreement shall, in a manner inconsistent | 15 | | with the purpose or requirements of this Act, impede certified | 16 | | local health department access to any public health data | 17 | | available to the Department of Public Health, the Department | 18 | | of Human Services, or the Department of Healthcare and Family | 19 | | Services, nor shall it require indemnification as a | 20 | | prerequisite to access. | 21 | | Section 20. Standard request data forms. Within 60 days | 22 | | after the effective date of this Act, the Department of Public | 23 | | Health, the Department of Human Services, and the Department | 24 | | of Healthcare and Family Services shall develop a standard |
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| 1 | | data request form for use by certified local health | 2 | | departments, the terms of which shall be limited to data | 3 | | content, format, method of transfer, analytic and statistical | 4 | | methods, scope of use, and requirements for safeguarding the | 5 | | data. | 6 | | Section 25. Latest available data. The Department of | 7 | | Public Health, the Department of Human Services, and the | 8 | | Department of Healthcare and Family Services must provide the | 9 | | latest available data for each certified local health | 10 | | department request within 90 business days after receiving the | 11 | | data request form. | 12 | | Section 30. Rules. The Department of Public Health, the | 13 | | Department of Human Services, and the Department of Healthcare | 14 | | and Family Services may adopt any rules necessary to implement | 15 | | this Act. | 16 | | Section 900. The Freedom of Information Act is amended by | 17 | | changing Section 7 as follows:
| 18 | | (5 ILCS 140/7)
| 19 | | (Text of Section before amendment by P.A. 102-753, | 20 | | 102-776, and 102-982 ) | 21 | | Sec. 7. Exemptions.
| 22 | | (1) When a request is made to inspect or copy a public |
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| 1 | | record that contains information that is exempt from | 2 | | disclosure under this Section, but also contains information | 3 | | that is not exempt from disclosure, the public body may elect | 4 | | to redact the information that is exempt. The public body | 5 | | shall make the remaining information available for inspection | 6 | | and copying. Subject to this requirement, the following shall | 7 | | be exempt from inspection and copying:
| 8 | | (a) Information specifically prohibited from | 9 | | disclosure by federal or
State law or rules and | 10 | | regulations implementing federal or State law.
| 11 | | (b) Private information, unless disclosure is required | 12 | | by another provision of this Act, a State or federal law, | 13 | | or a court order. | 14 | | (b-5) Files, documents, and other data or databases | 15 | | maintained by one or more law enforcement agencies and | 16 | | specifically designed to provide information to one or | 17 | | more law enforcement agencies regarding the physical or | 18 | | mental status of one or more individual subjects. | 19 | | (c) Personal information contained within public | 20 | | records, the disclosure of which would constitute a | 21 | | clearly
unwarranted invasion of personal privacy, unless | 22 | | the disclosure is
consented to in writing by the | 23 | | individual subjects of the information. "Unwarranted | 24 | | invasion of personal privacy" means the disclosure of | 25 | | information that is highly personal or objectionable to a | 26 | | reasonable person and in which the subject's right to |
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| 1 | | privacy outweighs any legitimate public interest in | 2 | | obtaining the information. The
disclosure of information | 3 | | that bears on the public duties of public
employees and | 4 | | officials shall not be considered an invasion of personal
| 5 | | privacy.
| 6 | | (d) Records in the possession of any public body | 7 | | created in the course of administrative enforcement
| 8 | | proceedings, and any law enforcement or correctional | 9 | | agency for
law enforcement purposes,
but only to the | 10 | | extent that disclosure would:
| 11 | | (i) interfere with pending or actually and | 12 | | reasonably contemplated
law enforcement proceedings | 13 | | conducted by any law enforcement or correctional
| 14 | | agency that is the recipient of the request;
| 15 | | (ii) interfere with active administrative | 16 | | enforcement proceedings
conducted by the public body | 17 | | that is the recipient of the request;
| 18 | | (iii) create a substantial likelihood that a | 19 | | person will be deprived of a fair trial or an impartial | 20 | | hearing;
| 21 | | (iv) unavoidably disclose the identity of a | 22 | | confidential source, confidential information | 23 | | furnished only by the confidential source, or persons | 24 | | who file complaints with or provide information to | 25 | | administrative, investigative, law enforcement, or | 26 | | penal agencies; except that the identities of |
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| 1 | | witnesses to traffic accidents, traffic accident | 2 | | reports, and rescue reports shall be provided by | 3 | | agencies of local government, except when disclosure | 4 | | would interfere with an active criminal investigation | 5 | | conducted by the agency that is the recipient of the | 6 | | request;
| 7 | | (v) disclose unique or specialized investigative | 8 | | techniques other than
those generally used and known | 9 | | or disclose internal documents of
correctional | 10 | | agencies related to detection, observation , or | 11 | | investigation of
incidents of crime or misconduct, and | 12 | | disclosure would result in demonstrable harm to the | 13 | | agency or public body that is the recipient of the | 14 | | request;
| 15 | | (vi) endanger the life or physical safety of law | 16 | | enforcement personnel
or any other person; or
| 17 | | (vii) obstruct an ongoing criminal investigation | 18 | | by the agency that is the recipient of the request.
| 19 | | (d-5) A law enforcement record created for law | 20 | | enforcement purposes and contained in a shared electronic | 21 | | record management system if the law enforcement agency | 22 | | that is the recipient of the request did not create the | 23 | | record, did not participate in or have a role in any of the | 24 | | events which are the subject of the record, and only has | 25 | | access to the record through the shared electronic record | 26 | | management system. |
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| 1 | | (d-6) Records contained in the Officer Professional | 2 | | Conduct Database under Section 9.2 of the Illinois Police | 3 | | Training Act, except to the extent authorized under that | 4 | | Section. This includes the documents supplied to the | 5 | | Illinois Law Enforcement Training Standards Board from the | 6 | | Illinois State Police and Illinois State Police Merit | 7 | | Board. | 8 | | (e) Records that relate to or affect the security of | 9 | | correctional
institutions and detention facilities.
| 10 | | (e-5) Records requested by persons committed to the | 11 | | Department of Corrections, Department of Human Services | 12 | | Division of Mental Health, or a county jail if those | 13 | | materials are available in the library of the correctional | 14 | | institution or facility or jail where the inmate is | 15 | | confined. | 16 | | (e-6) Records requested by persons committed to the | 17 | | Department of Corrections, Department of Human Services | 18 | | Division of Mental Health, or a county jail if those | 19 | | materials include records from staff members' personnel | 20 | | files, staff rosters, or other staffing assignment | 21 | | information. | 22 | | (e-7) Records requested by persons committed to the | 23 | | Department of Corrections or Department of Human Services | 24 | | Division of Mental Health if those materials are available | 25 | | through an administrative request to the Department of | 26 | | Corrections or Department of Human Services Division of |
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| 1 | | Mental Health. | 2 | | (e-8) Records requested by a person committed to the | 3 | | Department of Corrections, Department of Human Services | 4 | | Division of Mental Health, or a county jail, the | 5 | | disclosure of which would result in the risk of harm to any | 6 | | person or the risk of an escape from a jail or correctional | 7 | | institution or facility. | 8 | | (e-9) Records requested by a person in a county jail | 9 | | or committed to the Department of Corrections or | 10 | | Department of Human Services Division of Mental Health, | 11 | | containing personal information pertaining to the person's | 12 | | victim or the victim's family, including, but not limited | 13 | | to, a victim's home address, home telephone number, work | 14 | | or school address, work telephone number, social security | 15 | | number, or any other identifying information, except as | 16 | | may be relevant to a requester's current or potential case | 17 | | or claim. | 18 | | (e-10) Law enforcement records of other persons | 19 | | requested by a person committed to the Department of | 20 | | Corrections, Department of Human Services Division of | 21 | | Mental Health, or a county jail, including, but not | 22 | | limited to, arrest and booking records, mug shots, and | 23 | | crime scene photographs, except as these records may be | 24 | | relevant to the requester's current or potential case or | 25 | | claim. | 26 | | (f) Preliminary drafts, notes, recommendations, |
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| 1 | | memoranda, and other
records in which opinions are | 2 | | expressed, or policies or actions are
formulated, except | 3 | | that a specific record or relevant portion of a
record | 4 | | shall not be exempt when the record is publicly cited
and | 5 | | identified by the head of the public body. The exemption | 6 | | provided in
this paragraph (f) extends to all those | 7 | | records of officers and agencies
of the General Assembly | 8 | | that pertain to the preparation of legislative
documents.
| 9 | | (g) Trade secrets and commercial or financial | 10 | | information obtained from
a person or business where the | 11 | | trade secrets or commercial or financial information are | 12 | | furnished under a claim that they are
proprietary, | 13 | | privileged, or confidential, and that disclosure of the | 14 | | trade
secrets or commercial or financial information would | 15 | | cause competitive harm to the person or business, and only | 16 | | insofar as the claim directly applies to the records | 17 | | requested. | 18 | | The information included under this exemption includes | 19 | | all trade secrets and commercial or financial information | 20 | | obtained by a public body, including a public pension | 21 | | fund, from a private equity fund or a privately held | 22 | | company within the investment portfolio of a private | 23 | | equity fund as a result of either investing or evaluating | 24 | | a potential investment of public funds in a private equity | 25 | | fund. The exemption contained in this item does not apply | 26 | | to the aggregate financial performance information of a |
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| 1 | | private equity fund, nor to the identity of the fund's | 2 | | managers or general partners. The exemption contained in | 3 | | this item does not apply to the identity of a privately | 4 | | held company within the investment portfolio of a private | 5 | | equity fund, unless the disclosure of the identity of a | 6 | | privately held company may cause competitive harm. | 7 | | Nothing contained in this
paragraph (g) shall be | 8 | | construed to prevent a person or business from
consenting | 9 | | to disclosure.
| 10 | | (h) Proposals and bids for any contract, grant, or | 11 | | agreement, including
information which if it were | 12 | | disclosed would frustrate procurement or give
an advantage | 13 | | to any person proposing to enter into a contractor | 14 | | agreement
with the body, until an award or final selection | 15 | | is made. Information
prepared by or for the body in | 16 | | preparation of a bid solicitation shall be
exempt until an | 17 | | award or final selection is made.
| 18 | | (i) Valuable formulae,
computer geographic systems,
| 19 | | designs, drawings , and research data obtained or
produced | 20 | | by any public body when disclosure could reasonably be | 21 | | expected to
produce private gain or public loss.
The | 22 | | exemption for "computer geographic systems" provided in | 23 | | this paragraph
(i) does not extend to requests made by | 24 | | news media as defined in Section 2 of
this Act when the | 25 | | requested information is not otherwise exempt and the only
| 26 | | purpose of the request is to access and disseminate |
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| 1 | | information regarding the
health, safety, welfare, or | 2 | | legal rights of the general public.
| 3 | | (j) The following information pertaining to | 4 | | educational matters: | 5 | | (i) test questions, scoring keys, and other | 6 | | examination data used to
administer an academic | 7 | | examination;
| 8 | | (ii) information received by a primary or | 9 | | secondary school, college, or university under its | 10 | | procedures for the evaluation of faculty members by | 11 | | their academic peers; | 12 | | (iii) information concerning a school or | 13 | | university's adjudication of student disciplinary | 14 | | cases, but only to the extent that disclosure would | 15 | | unavoidably reveal the identity of the student; and | 16 | | (iv) course materials or research materials used | 17 | | by faculty members. | 18 | | (k) Architects' plans, engineers' technical | 19 | | submissions, and
other
construction related technical | 20 | | documents for
projects not constructed or developed in | 21 | | whole or in part with public funds
and the same for | 22 | | projects constructed or developed with public funds, | 23 | | including, but not limited to, power generating and | 24 | | distribution stations and other transmission and | 25 | | distribution facilities, water treatment facilities, | 26 | | airport facilities, sport stadiums, convention centers, |
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| 1 | | and all government owned, operated, or occupied buildings, | 2 | | but
only to the extent
that disclosure would compromise | 3 | | security.
| 4 | | (l) Minutes of meetings of public bodies closed to the
| 5 | | public as provided in the Open Meetings Act until the | 6 | | public body
makes the minutes available to the public | 7 | | under Section 2.06 of the Open
Meetings Act.
| 8 | | (m) Communications between a public body and an | 9 | | attorney or auditor
representing the public body that | 10 | | would not be subject to discovery in
litigation, and | 11 | | materials prepared or compiled by or for a public body in
| 12 | | anticipation of a criminal, civil, or administrative | 13 | | proceeding upon the
request of an attorney advising the | 14 | | public body, and materials prepared or
compiled with | 15 | | respect to internal audits of public bodies.
| 16 | | (n) Records relating to a public body's adjudication | 17 | | of employee grievances or disciplinary cases; however, | 18 | | this exemption shall not extend to the final outcome of | 19 | | cases in which discipline is imposed.
| 20 | | (o) Administrative or technical information associated | 21 | | with automated
data processing operations, including, but | 22 | | not limited to, software,
operating protocols, computer | 23 | | program abstracts, file layouts, source
listings, object | 24 | | modules, load modules, user guides, documentation
| 25 | | pertaining to all logical and physical design of | 26 | | computerized systems,
employee manuals, and any other |
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| 1 | | information that, if disclosed, would
jeopardize the | 2 | | security of the system or its data or the security of
| 3 | | materials exempt under this Section.
| 4 | | (p) Records relating to collective negotiating matters
| 5 | | between public bodies and their employees or | 6 | | representatives, except that
any final contract or | 7 | | agreement shall be subject to inspection and copying.
| 8 | | (q) Test questions, scoring keys, and other | 9 | | examination data used to determine the qualifications of | 10 | | an applicant for a license or employment.
| 11 | | (r) The records, documents, and information relating | 12 | | to real estate
purchase negotiations until those | 13 | | negotiations have been completed or
otherwise terminated. | 14 | | With regard to a parcel involved in a pending or
actually | 15 | | and reasonably contemplated eminent domain proceeding | 16 | | under the Eminent Domain Act, records, documents, and
| 17 | | information relating to that parcel shall be exempt except | 18 | | as may be
allowed under discovery rules adopted by the | 19 | | Illinois Supreme Court. The
records, documents, and | 20 | | information relating to a real estate sale shall be
exempt | 21 | | until a sale is consummated.
| 22 | | (s) Any and all proprietary information and records | 23 | | related to the
operation of an intergovernmental risk | 24 | | management association or
self-insurance pool or jointly | 25 | | self-administered health and accident
cooperative or pool.
| 26 | | Insurance or self-insurance self insurance (including any |
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| 1 | | intergovernmental risk management association or | 2 | | self-insurance self insurance pool) claims, loss or risk | 3 | | management information, records, data, advice , or | 4 | | communications.
| 5 | | (t) Information contained in or related to | 6 | | examination, operating, or
condition reports prepared by, | 7 | | on behalf of, or for the use of a public
body responsible | 8 | | for the regulation or supervision of financial
| 9 | | institutions, insurance companies, or pharmacy benefit | 10 | | managers, unless disclosure is otherwise
required by State | 11 | | law.
| 12 | | (u) Information that would disclose
or might lead to | 13 | | the disclosure of
secret or confidential information, | 14 | | codes, algorithms, programs, or private
keys intended to | 15 | | be used to create electronic signatures under the Uniform | 16 | | Electronic Transactions Act.
| 17 | | (v) Vulnerability assessments, security measures, and | 18 | | response policies
or plans that are designed to identify, | 19 | | prevent, or respond to potential
attacks upon a | 20 | | community's population or systems, facilities, or | 21 | | installations,
the destruction or contamination of which | 22 | | would constitute a clear and present
danger to the health | 23 | | or safety of the community, but only to the extent that
| 24 | | disclosure could reasonably be expected to jeopardize the | 25 | | effectiveness of the
measures or the safety of the | 26 | | personnel who implement them or the public.
Information |
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| 1 | | exempt under this item may include such things as details
| 2 | | pertaining to the mobilization or deployment of personnel | 3 | | or equipment, to the
operation of communication systems or | 4 | | protocols, or to tactical operations.
| 5 | | (w) (Blank). | 6 | | (x) Maps and other records regarding the location or | 7 | | security of generation, transmission, distribution, | 8 | | storage, gathering,
treatment, or switching facilities | 9 | | owned by a utility, by a power generator, or by the | 10 | | Illinois Power Agency.
| 11 | | (y) Information contained in or related to proposals, | 12 | | bids, or negotiations related to electric power | 13 | | procurement under Section 1-75 of the Illinois Power | 14 | | Agency Act and Section 16-111.5 of the Public Utilities | 15 | | Act that is determined to be confidential and proprietary | 16 | | by the Illinois Power Agency or by the Illinois Commerce | 17 | | Commission.
| 18 | | (z) Information about students exempted from | 19 | | disclosure under Section Sections 10-20.38 or 34-18.29 of | 20 | | the School Code, and information about undergraduate | 21 | | students enrolled at an institution of higher education | 22 | | exempted from disclosure under Section 25 of the Illinois | 23 | | Credit Card Marketing Act of 2009. | 24 | | (aa) Information the disclosure of which is
exempted | 25 | | under the Viatical Settlements Act of 2009.
| 26 | | (bb) Records and information provided to a mortality |
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| 1 | | review team and records maintained by a mortality review | 2 | | team appointed under the Department of Juvenile Justice | 3 | | Mortality Review Team Act. | 4 | | (cc) Information regarding interments, entombments, or | 5 | | inurnments of human remains that are submitted to the | 6 | | Cemetery Oversight Database under the Cemetery Care Act or | 7 | | the Cemetery Oversight Act, whichever is applicable. | 8 | | (dd) Correspondence and records (i) that may not be | 9 | | disclosed under Section 11-9 of the Illinois Public Aid | 10 | | Code or (ii) that pertain to appeals under Section 11-8 of | 11 | | the Illinois Public Aid Code. | 12 | | (ee) The names, addresses, or other personal | 13 | | information of persons who are minors and are also | 14 | | participants and registrants in programs of park | 15 | | districts, forest preserve districts, conservation | 16 | | districts, recreation agencies, and special recreation | 17 | | associations. | 18 | | (ff) The names, addresses, or other personal | 19 | | information of participants and registrants in programs of | 20 | | park districts, forest preserve districts, conservation | 21 | | districts, recreation agencies, and special recreation | 22 | | associations where such programs are targeted primarily to | 23 | | minors. | 24 | | (gg) Confidential information described in Section | 25 | | 1-100 of the Illinois Independent Tax Tribunal Act of | 26 | | 2012. |
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| 1 | | (hh) The report submitted to the State Board of | 2 | | Education by the School Security and Standards Task Force | 3 | | under item (8) of subsection (d) of Section 2-3.160 of the | 4 | | School Code and any information contained in that report. | 5 | | (ii) Records requested by persons committed to or | 6 | | detained by the Department of Human Services under the | 7 | | Sexually Violent Persons Commitment Act or committed to | 8 | | the Department of Corrections under the Sexually Dangerous | 9 | | Persons Act if those materials: (i) are available in the | 10 | | library of the facility where the individual is confined; | 11 | | (ii) include records from staff members' personnel files, | 12 | | staff rosters, or other staffing assignment information; | 13 | | or (iii) are available through an administrative request | 14 | | to the Department of Human Services or the Department of | 15 | | Corrections. | 16 | | (jj) Confidential information described in Section | 17 | | 5-535 of the Civil Administrative Code of Illinois. | 18 | | (kk) The public body's credit card numbers, debit card | 19 | | numbers, bank account numbers, Federal Employer | 20 | | Identification Number, security code numbers, passwords, | 21 | | and similar account information, the disclosure of which | 22 | | could result in identity theft or impression or defrauding | 23 | | of a governmental entity or a person. | 24 | | (ll) Records concerning the work of the threat | 25 | | assessment team of a school district, including, but not | 26 | | limited to, any threat assessment procedure under the |
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| 1 | | School Safety Drill Act and any information contained in | 2 | | the procedure. | 3 | | (mm) Information prohibited from being disclosed under | 4 | | subsections (a) and (b) of Section 15 of the Student | 5 | | Confidential Reporting Act. | 6 | | (nn) (mm) Proprietary information submitted to the
| 7 | | Environmental Protection Agency under the Drug Take-Back
| 8 | | Act. | 9 | | (1.5) Any information exempt from disclosure under the | 10 | | Judicial Privacy Act shall be redacted from public records | 11 | | prior to disclosure under this Act. | 12 | | (2) A public record that is not in the possession of a | 13 | | public body but is in the possession of a party with whom the | 14 | | agency has contracted to perform a governmental function on | 15 | | behalf of the public body, and that directly relates to the | 16 | | governmental function and is not otherwise exempt under this | 17 | | Act, shall be considered a public record of the public body, | 18 | | for purposes of this Act. | 19 | | (3) This Section does not authorize withholding of | 20 | | information or limit the
availability of records to the | 21 | | public, except as stated in this Section or
otherwise provided | 22 | | in this Act.
| 23 | | (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; | 24 | | 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | 25 | | 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752, | 26 | | eff. 5-6-22; 102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; |
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| 1 | | revised 8-1-22.) | 2 | | (Text of Section after amendment by P.A. 102-753 and | 3 | | 102-776 but before amendment by P.A. 102-982 ) | 4 | | Sec. 7. Exemptions.
| 5 | | (1) When a request is made to inspect or copy a public | 6 | | record that contains information that is exempt from | 7 | | disclosure under this Section, but also contains information | 8 | | that is not exempt from disclosure, the public body may elect | 9 | | to redact the information that is exempt. The public body | 10 | | shall make the remaining information available for inspection | 11 | | and copying. Subject to this requirement, the following shall | 12 | | be exempt from inspection and copying:
| 13 | | (a) Information specifically prohibited from | 14 | | disclosure by federal or
State law or rules and | 15 | | regulations implementing federal or State law.
| 16 | | (b) Private information, unless disclosure is required | 17 | | by another provision of this Act, a State or federal law, | 18 | | or a court order. | 19 | | (b-5) Files, documents, and other data or databases | 20 | | maintained by one or more law enforcement agencies and | 21 | | specifically designed to provide information to one or | 22 | | more law enforcement agencies regarding the physical or | 23 | | mental status of one or more individual subjects. | 24 | | (c) Personal information contained within public | 25 | | records, the disclosure of which would constitute a |
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| 1 | | clearly
unwarranted invasion of personal privacy, unless | 2 | | the disclosure is
consented to in writing by the | 3 | | individual subjects of the information. "Unwarranted | 4 | | invasion of personal privacy" means the disclosure of | 5 | | information that is highly personal or objectionable to a | 6 | | reasonable person and in which the subject's right to | 7 | | privacy outweighs any legitimate public interest in | 8 | | obtaining the information. The
disclosure of information | 9 | | that bears on the public duties of public
employees and | 10 | | officials shall not be considered an invasion of personal
| 11 | | privacy.
| 12 | | (d) Records in the possession of any public body | 13 | | created in the course of administrative enforcement
| 14 | | proceedings, and any law enforcement or correctional | 15 | | agency for
law enforcement purposes,
but only to the | 16 | | extent that disclosure would:
| 17 | | (i) interfere with pending or actually and | 18 | | reasonably contemplated
law enforcement proceedings | 19 | | conducted by any law enforcement or correctional
| 20 | | agency that is the recipient of the request;
| 21 | | (ii) interfere with active administrative | 22 | | enforcement proceedings
conducted by the public body | 23 | | that is the recipient of the request;
| 24 | | (iii) create a substantial likelihood that a | 25 | | person will be deprived of a fair trial or an impartial | 26 | | hearing;
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| 1 | | (iv) unavoidably disclose the identity of a | 2 | | confidential source, confidential information | 3 | | furnished only by the confidential source, or persons | 4 | | who file complaints with or provide information to | 5 | | administrative, investigative, law enforcement, or | 6 | | penal agencies; except that the identities of | 7 | | witnesses to traffic accidents, traffic accident | 8 | | reports, and rescue reports shall be provided by | 9 | | agencies of local government, except when disclosure | 10 | | would interfere with an active criminal investigation | 11 | | conducted by the agency that is the recipient of the | 12 | | request;
| 13 | | (v) disclose unique or specialized investigative | 14 | | techniques other than
those generally used and known | 15 | | or disclose internal documents of
correctional | 16 | | agencies related to detection, observation , or | 17 | | investigation of
incidents of crime or misconduct, and | 18 | | disclosure would result in demonstrable harm to the | 19 | | agency or public body that is the recipient of the | 20 | | request;
| 21 | | (vi) endanger the life or physical safety of law | 22 | | enforcement personnel
or any other person; or
| 23 | | (vii) obstruct an ongoing criminal investigation | 24 | | by the agency that is the recipient of the request.
| 25 | | (d-5) A law enforcement record created for law | 26 | | enforcement purposes and contained in a shared electronic |
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| 1 | | record management system if the law enforcement agency | 2 | | that is the recipient of the request did not create the | 3 | | record, did not participate in or have a role in any of the | 4 | | events which are the subject of the record, and only has | 5 | | access to the record through the shared electronic record | 6 | | management system. | 7 | | (d-6) Records contained in the Officer Professional | 8 | | Conduct Database under Section 9.2 of the Illinois Police | 9 | | Training Act, except to the extent authorized under that | 10 | | Section. This includes the documents supplied to the | 11 | | Illinois Law Enforcement Training Standards Board from the | 12 | | Illinois State Police and Illinois State Police Merit | 13 | | Board. | 14 | | (e) Records that relate to or affect the security of | 15 | | correctional
institutions and detention facilities.
| 16 | | (e-5) Records requested by persons committed to the | 17 | | Department of Corrections, Department of Human Services | 18 | | Division of Mental Health, or a county jail if those | 19 | | materials are available in the library of the correctional | 20 | | institution or facility or jail where the inmate is | 21 | | confined. | 22 | | (e-6) Records requested by persons committed to the | 23 | | Department of Corrections, Department of Human Services | 24 | | Division of Mental Health, or a county jail if those | 25 | | materials include records from staff members' personnel | 26 | | files, staff rosters, or other staffing assignment |
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| 1 | | information. | 2 | | (e-7) Records requested by persons committed to the | 3 | | Department of Corrections or Department of Human Services | 4 | | Division of Mental Health if those materials are available | 5 | | through an administrative request to the Department of | 6 | | Corrections or Department of Human Services Division of | 7 | | Mental Health. | 8 | | (e-8) Records requested by a person committed to the | 9 | | Department of Corrections, Department of Human Services | 10 | | Division of Mental Health, or a county jail, the | 11 | | disclosure of which would result in the risk of harm to any | 12 | | person or the risk of an escape from a jail or correctional | 13 | | institution or facility. | 14 | | (e-9) Records requested by a person in a county jail | 15 | | or committed to the Department of Corrections or | 16 | | Department of Human Services Division of Mental Health, | 17 | | containing personal information pertaining to the person's | 18 | | victim or the victim's family, including, but not limited | 19 | | to, a victim's home address, home telephone number, work | 20 | | or school address, work telephone number, social security | 21 | | number, or any other identifying information, except as | 22 | | may be relevant to a requester's current or potential case | 23 | | or claim. | 24 | | (e-10) Law enforcement records of other persons | 25 | | requested by a person committed to the Department of | 26 | | Corrections, Department of Human Services Division of |
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| 1 | | Mental Health, or a county jail, including, but not | 2 | | limited to, arrest and booking records, mug shots, and | 3 | | crime scene photographs, except as these records may be | 4 | | relevant to the requester's current or potential case or | 5 | | claim. | 6 | | (f) Preliminary drafts, notes, recommendations, | 7 | | memoranda, and other
records in which opinions are | 8 | | expressed, or policies or actions are
formulated, except | 9 | | that a specific record or relevant portion of a
record | 10 | | shall not be exempt when the record is publicly cited
and | 11 | | identified by the head of the public body. The exemption | 12 | | provided in
this paragraph (f) extends to all those | 13 | | records of officers and agencies
of the General Assembly | 14 | | that pertain to the preparation of legislative
documents.
| 15 | | (g) Trade secrets and commercial or financial | 16 | | information obtained from
a person or business where the | 17 | | trade secrets or commercial or financial information are | 18 | | furnished under a claim that they are
proprietary, | 19 | | privileged, or confidential, and that disclosure of the | 20 | | trade
secrets or commercial or financial information would | 21 | | cause competitive harm to the person or business, and only | 22 | | insofar as the claim directly applies to the records | 23 | | requested. | 24 | | The information included under this exemption includes | 25 | | all trade secrets and commercial or financial information | 26 | | obtained by a public body, including a public pension |
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| 1 | | fund, from a private equity fund or a privately held | 2 | | company within the investment portfolio of a private | 3 | | equity fund as a result of either investing or evaluating | 4 | | a potential investment of public funds in a private equity | 5 | | fund. The exemption contained in this item does not apply | 6 | | to the aggregate financial performance information of a | 7 | | private equity fund, nor to the identity of the fund's | 8 | | managers or general partners. The exemption contained in | 9 | | this item does not apply to the identity of a privately | 10 | | held company within the investment portfolio of a private | 11 | | equity fund, unless the disclosure of the identity of a | 12 | | privately held company may cause competitive harm. | 13 | | Nothing contained in this
paragraph (g) shall be | 14 | | construed to prevent a person or business from
consenting | 15 | | to disclosure.
| 16 | | (h) Proposals and bids for any contract, grant, or | 17 | | agreement, including
information which if it were | 18 | | disclosed would frustrate procurement or give
an advantage | 19 | | to any person proposing to enter into a contractor | 20 | | agreement
with the body, until an award or final selection | 21 | | is made. Information
prepared by or for the body in | 22 | | preparation of a bid solicitation shall be
exempt until an | 23 | | award or final selection is made.
| 24 | | (i) Valuable formulae,
computer geographic systems,
| 25 | | designs, drawings , and research data obtained or
produced | 26 | | by any public body when disclosure could reasonably be |
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| 1 | | expected to
produce private gain or public loss.
The | 2 | | exemption for "computer geographic systems" provided in | 3 | | this paragraph
(i) does not extend to requests made by | 4 | | news media as defined in Section 2 of
this Act when the | 5 | | requested information is not otherwise exempt and the only
| 6 | | purpose of the request is to access and disseminate | 7 | | information regarding the
health, safety, welfare, or | 8 | | legal rights of the general public.
| 9 | | (j) The following information pertaining to | 10 | | educational matters: | 11 | | (i) test questions, scoring keys, and other | 12 | | examination data used to
administer an academic | 13 | | examination;
| 14 | | (ii) information received by a primary or | 15 | | secondary school, college, or university under its | 16 | | procedures for the evaluation of faculty members by | 17 | | their academic peers; | 18 | | (iii) information concerning a school or | 19 | | university's adjudication of student disciplinary | 20 | | cases, but only to the extent that disclosure would | 21 | | unavoidably reveal the identity of the student; and | 22 | | (iv) course materials or research materials used | 23 | | by faculty members. | 24 | | (k) Architects' plans, engineers' technical | 25 | | submissions, and
other
construction related technical | 26 | | documents for
projects not constructed or developed in |
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| 1 | | whole or in part with public funds
and the same for | 2 | | projects constructed or developed with public funds, | 3 | | including, but not limited to, power generating and | 4 | | distribution stations and other transmission and | 5 | | distribution facilities, water treatment facilities, | 6 | | airport facilities, sport stadiums, convention centers, | 7 | | and all government owned, operated, or occupied buildings, | 8 | | but
only to the extent
that disclosure would compromise | 9 | | security.
| 10 | | (l) Minutes of meetings of public bodies closed to the
| 11 | | public as provided in the Open Meetings Act until the | 12 | | public body
makes the minutes available to the public | 13 | | under Section 2.06 of the Open
Meetings Act.
| 14 | | (m) Communications between a public body and an | 15 | | attorney or auditor
representing the public body that | 16 | | would not be subject to discovery in
litigation, and | 17 | | materials prepared or compiled by or for a public body in
| 18 | | anticipation of a criminal, civil, or administrative | 19 | | proceeding upon the
request of an attorney advising the | 20 | | public body, and materials prepared or
compiled with | 21 | | respect to internal audits of public bodies.
| 22 | | (n) Records relating to a public body's adjudication | 23 | | of employee grievances or disciplinary cases; however, | 24 | | this exemption shall not extend to the final outcome of | 25 | | cases in which discipline is imposed.
| 26 | | (o) Administrative or technical information associated |
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| 1 | | with automated
data processing operations, including, but | 2 | | not limited to, software,
operating protocols, computer | 3 | | program abstracts, file layouts, source
listings, object | 4 | | modules, load modules, user guides, documentation
| 5 | | pertaining to all logical and physical design of | 6 | | computerized systems,
employee manuals, and any other | 7 | | information that, if disclosed, would
jeopardize the | 8 | | security of the system or its data or the security of
| 9 | | materials exempt under this Section.
| 10 | | (p) Records relating to collective negotiating matters
| 11 | | between public bodies and their employees or | 12 | | representatives, except that
any final contract or | 13 | | agreement shall be subject to inspection and copying.
| 14 | | (q) Test questions, scoring keys, and other | 15 | | examination data used to determine the qualifications of | 16 | | an applicant for a license or employment.
| 17 | | (r) The records, documents, and information relating | 18 | | to real estate
purchase negotiations until those | 19 | | negotiations have been completed or
otherwise terminated. | 20 | | With regard to a parcel involved in a pending or
actually | 21 | | and reasonably contemplated eminent domain proceeding | 22 | | under the Eminent Domain Act, records, documents, and
| 23 | | information relating to that parcel shall be exempt except | 24 | | as may be
allowed under discovery rules adopted by the | 25 | | Illinois Supreme Court. The
records, documents, and | 26 | | information relating to a real estate sale shall be
exempt |
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| 1 | | until a sale is consummated.
| 2 | | (s) Any and all proprietary information and records | 3 | | related to the
operation of an intergovernmental risk | 4 | | management association or
self-insurance pool or jointly | 5 | | self-administered health and accident
cooperative or pool.
| 6 | | Insurance or self-insurance self insurance (including any | 7 | | intergovernmental risk management association or | 8 | | self-insurance self insurance pool) claims, loss or risk | 9 | | management information, records, data, advice , or | 10 | | communications.
| 11 | | (t) Information contained in or related to | 12 | | examination, operating, or
condition reports prepared by, | 13 | | on behalf of, or for the use of a public
body responsible | 14 | | for the regulation or supervision of financial
| 15 | | institutions, insurance companies, or pharmacy benefit | 16 | | managers, unless disclosure is otherwise
required by State | 17 | | law.
| 18 | | (u) Information that would disclose
or might lead to | 19 | | the disclosure of
secret or confidential information, | 20 | | codes, algorithms, programs, or private
keys intended to | 21 | | be used to create electronic signatures under the Uniform | 22 | | Electronic Transactions Act.
| 23 | | (v) Vulnerability assessments, security measures, and | 24 | | response policies
or plans that are designed to identify, | 25 | | prevent, or respond to potential
attacks upon a | 26 | | community's population or systems, facilities, or |
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| 1 | | installations, but only to the extent that
disclosure | 2 | | could reasonably be expected to expose the vulnerability | 3 | | or jeopardize the effectiveness of the
measures, policies, | 4 | | or plans, or the safety of the personnel who implement | 5 | | them or the public.
Information exempt under this item may | 6 | | include such things as details
pertaining to the | 7 | | mobilization or deployment of personnel or equipment, to | 8 | | the
operation of communication systems or protocols, to | 9 | | cybersecurity vulnerabilities, or to tactical operations.
| 10 | | (w) (Blank). | 11 | | (x) Maps and other records regarding the location or | 12 | | security of generation, transmission, distribution, | 13 | | storage, gathering,
treatment, or switching facilities | 14 | | owned by a utility, by a power generator, or by the | 15 | | Illinois Power Agency.
| 16 | | (y) Information contained in or related to proposals, | 17 | | bids, or negotiations related to electric power | 18 | | procurement under Section 1-75 of the Illinois Power | 19 | | Agency Act and Section 16-111.5 of the Public Utilities | 20 | | Act that is determined to be confidential and proprietary | 21 | | by the Illinois Power Agency or by the Illinois Commerce | 22 | | Commission.
| 23 | | (z) Information about students exempted from | 24 | | disclosure under Section Sections 10-20.38 or 34-18.29 of | 25 | | the School Code, and information about undergraduate | 26 | | students enrolled at an institution of higher education |
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| 1 | | exempted from disclosure under Section 25 of the Illinois | 2 | | Credit Card Marketing Act of 2009. | 3 | | (aa) Information the disclosure of which is
exempted | 4 | | under the Viatical Settlements Act of 2009.
| 5 | | (bb) Records and information provided to a mortality | 6 | | review team and records maintained by a mortality review | 7 | | team appointed under the Department of Juvenile Justice | 8 | | Mortality Review Team Act. | 9 | | (cc) Information regarding interments, entombments, or | 10 | | inurnments of human remains that are submitted to the | 11 | | Cemetery Oversight Database under the Cemetery Care Act or | 12 | | the Cemetery Oversight Act, whichever is applicable. | 13 | | (dd) Correspondence and records (i) that may not be | 14 | | disclosed under Section 11-9 of the Illinois Public Aid | 15 | | Code or (ii) that pertain to appeals under Section 11-8 of | 16 | | the Illinois Public Aid Code. | 17 | | (ee) The names, addresses, or other personal | 18 | | information of persons who are minors and are also | 19 | | participants and registrants in programs of park | 20 | | districts, forest preserve districts, conservation | 21 | | districts, recreation agencies, and special recreation | 22 | | associations. | 23 | | (ff) The names, addresses, or other personal | 24 | | information of participants and registrants in programs of | 25 | | park districts, forest preserve districts, conservation | 26 | | districts, recreation agencies, and special recreation |
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| 1 | | associations where such programs are targeted primarily to | 2 | | minors. | 3 | | (gg) Confidential information described in Section | 4 | | 1-100 of the Illinois Independent Tax Tribunal Act of | 5 | | 2012. | 6 | | (hh) The report submitted to the State Board of | 7 | | Education by the School Security and Standards Task Force | 8 | | under item (8) of subsection (d) of Section 2-3.160 of the | 9 | | School Code and any information contained in that report. | 10 | | (ii) Records requested by persons committed to or | 11 | | detained by the Department of Human Services under the | 12 | | Sexually Violent Persons Commitment Act or committed to | 13 | | the Department of Corrections under the Sexually Dangerous | 14 | | Persons Act if those materials: (i) are available in the | 15 | | library of the facility where the individual is confined; | 16 | | (ii) include records from staff members' personnel files, | 17 | | staff rosters, or other staffing assignment information; | 18 | | or (iii) are available through an administrative request | 19 | | to the Department of Human Services or the Department of | 20 | | Corrections. | 21 | | (jj) Confidential information described in Section | 22 | | 5-535 of the Civil Administrative Code of Illinois. | 23 | | (kk) The public body's credit card numbers, debit card | 24 | | numbers, bank account numbers, Federal Employer | 25 | | Identification Number, security code numbers, passwords, | 26 | | and similar account information, the disclosure of which |
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| 1 | | could result in identity theft or impression or defrauding | 2 | | of a governmental entity or a person. | 3 | | (ll) Records concerning the work of the threat | 4 | | assessment team of a school district, including, but not | 5 | | limited to, any threat assessment procedure under the | 6 | | School Safety Drill Act and any information contained in | 7 | | the procedure. | 8 | | (mm) Information prohibited from being disclosed under | 9 | | subsections (a) and (b) of Section 15 of the Student | 10 | | Confidential Reporting Act. | 11 | | (nn) (mm) Proprietary information submitted to the
| 12 | | Environmental Protection Agency under the Drug Take-Back
| 13 | | Act. | 14 | | (oo) (mm) Records described in subsection (f) of | 15 | | Section 3-5-1 of the Unified Code of Corrections. | 16 | | (1.5) Any information exempt from disclosure under the | 17 | | Judicial Privacy Act shall be redacted from public records | 18 | | prior to disclosure under this Act. | 19 | | (2) A public record that is not in the possession of a | 20 | | public body but is in the possession of a party with whom the | 21 | | agency has contracted to perform a governmental function on | 22 | | behalf of the public body, and that directly relates to the | 23 | | governmental function and is not otherwise exempt under this | 24 | | Act, shall be considered a public record of the public body, | 25 | | for purposes of this Act. | 26 | | (3) This Section does not authorize withholding of |
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| 1 | | information or limit the
availability of records to the | 2 | | public, except as stated in this Section or
otherwise provided | 3 | | in this Act.
| 4 | | (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; | 5 | | 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | 6 | | 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752, | 7 | | eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23; | 8 | | 102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; revised | 9 | | 8-1-22.) | 10 | | (Text of Section after amendment by P.A. 102-982 )
| 11 | | Sec. 7. Exemptions.
| 12 | | (1) When a request is made to inspect or copy a public | 13 | | record that contains information that is exempt from | 14 | | disclosure under this Section, but also contains information | 15 | | that is not exempt from disclosure, the public body may elect | 16 | | to redact the information that is exempt. The public body | 17 | | shall make the remaining information available for inspection | 18 | | and copying. Subject to this requirement, the following shall | 19 | | be exempt from inspection and copying:
| 20 | | (a) Information specifically prohibited from | 21 | | disclosure by federal or
State law or rules and | 22 | | regulations implementing federal or State law.
| 23 | | (b) Private information, unless disclosure is required | 24 | | by another provision of this Act, a State or federal law, | 25 | | or a court order. |
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| 1 | | (b-5) Files, documents, and other data or databases | 2 | | maintained by one or more law enforcement agencies and | 3 | | specifically designed to provide information to one or | 4 | | more law enforcement agencies regarding the physical or | 5 | | mental status of one or more individual subjects. | 6 | | (c) Personal information contained within public | 7 | | records, the disclosure of which would constitute a | 8 | | clearly
unwarranted invasion of personal privacy, unless | 9 | | the disclosure is
consented to in writing by the | 10 | | individual subjects of the information. "Unwarranted | 11 | | invasion of personal privacy" means the disclosure of | 12 | | information that is highly personal or objectionable to a | 13 | | reasonable person and in which the subject's right to | 14 | | privacy outweighs any legitimate public interest in | 15 | | obtaining the information. The
disclosure of information | 16 | | that bears on the public duties of public
employees and | 17 | | officials shall not be considered an invasion of personal
| 18 | | privacy.
| 19 | | (d) Records in the possession of any public body | 20 | | created in the course of administrative enforcement
| 21 | | proceedings, and any law enforcement or correctional | 22 | | agency for
law enforcement purposes,
but only to the | 23 | | extent that disclosure would:
| 24 | | (i) interfere with pending or actually and | 25 | | reasonably contemplated
law enforcement proceedings | 26 | | conducted by any law enforcement or correctional
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| 1 | | agency that is the recipient of the request;
| 2 | | (ii) interfere with active administrative | 3 | | enforcement proceedings
conducted by the public body | 4 | | that is the recipient of the request;
| 5 | | (iii) create a substantial likelihood that a | 6 | | person will be deprived of a fair trial or an impartial | 7 | | hearing;
| 8 | | (iv) unavoidably disclose the identity of a | 9 | | confidential source, confidential information | 10 | | furnished only by the confidential source, or persons | 11 | | who file complaints with or provide information to | 12 | | administrative, investigative, law enforcement, or | 13 | | penal agencies; except that the identities of | 14 | | witnesses to traffic crashes, traffic crash reports, | 15 | | and rescue reports shall be provided by agencies of | 16 | | local government, except when disclosure would | 17 | | interfere with an active criminal investigation | 18 | | conducted by the agency that is the recipient of the | 19 | | request;
| 20 | | (v) disclose unique or specialized investigative | 21 | | techniques other than
those generally used and known | 22 | | or disclose internal documents of
correctional | 23 | | agencies related to detection, observation , or | 24 | | investigation of
incidents of crime or misconduct, and | 25 | | disclosure would result in demonstrable harm to the | 26 | | agency or public body that is the recipient of the |
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| 1 | | request;
| 2 | | (vi) endanger the life or physical safety of law | 3 | | enforcement personnel
or any other person; or
| 4 | | (vii) obstruct an ongoing criminal investigation | 5 | | by the agency that is the recipient of the request.
| 6 | | (d-5) A law enforcement record created for law | 7 | | enforcement purposes and contained in a shared electronic | 8 | | record management system if the law enforcement agency | 9 | | that is the recipient of the request did not create the | 10 | | record, did not participate in or have a role in any of the | 11 | | events which are the subject of the record, and only has | 12 | | access to the record through the shared electronic record | 13 | | management system. | 14 | | (d-6) Records contained in the Officer Professional | 15 | | Conduct Database under Section 9.2 of the Illinois Police | 16 | | Training Act, except to the extent authorized under that | 17 | | Section. This includes the documents supplied to the | 18 | | Illinois Law Enforcement Training Standards Board from the | 19 | | Illinois State Police and Illinois State Police Merit | 20 | | Board. | 21 | | (e) Records that relate to or affect the security of | 22 | | correctional
institutions and detention facilities.
| 23 | | (e-5) Records requested by persons committed to the | 24 | | Department of Corrections, Department of Human Services | 25 | | Division of Mental Health, or a county jail if those | 26 | | materials are available in the library of the correctional |
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| 1 | | institution or facility or jail where the inmate is | 2 | | confined. | 3 | | (e-6) Records requested by persons committed to the | 4 | | Department of Corrections, Department of Human Services | 5 | | Division of Mental Health, or a county jail if those | 6 | | materials include records from staff members' personnel | 7 | | files, staff rosters, or other staffing assignment | 8 | | information. | 9 | | (e-7) Records requested by persons committed to the | 10 | | Department of Corrections or Department of Human Services | 11 | | Division of Mental Health if those materials are available | 12 | | through an administrative request to the Department of | 13 | | Corrections or Department of Human Services Division of | 14 | | Mental Health. | 15 | | (e-8) Records requested by a person committed to the | 16 | | Department of Corrections, Department of Human Services | 17 | | Division of Mental Health, or a county jail, the | 18 | | disclosure of which would result in the risk of harm to any | 19 | | person or the risk of an escape from a jail or correctional | 20 | | institution or facility. | 21 | | (e-9) Records requested by a person in a county jail | 22 | | or committed to the Department of Corrections or | 23 | | Department of Human Services Division of Mental Health, | 24 | | containing personal information pertaining to the person's | 25 | | victim or the victim's family, including, but not limited | 26 | | to, a victim's home address, home telephone number, work |
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| 1 | | or school address, work telephone number, social security | 2 | | number, or any other identifying information, except as | 3 | | may be relevant to a requester's current or potential case | 4 | | or claim. | 5 | | (e-10) Law enforcement records of other persons | 6 | | requested by a person committed to the Department of | 7 | | Corrections, Department of Human Services Division of | 8 | | Mental Health, or a county jail, including, but not | 9 | | limited to, arrest and booking records, mug shots, and | 10 | | crime scene photographs, except as these records may be | 11 | | relevant to the requester's current or potential case or | 12 | | claim. | 13 | | (f) Preliminary drafts, notes, recommendations, | 14 | | memoranda, and other
records in which opinions are | 15 | | expressed, or policies or actions are
formulated, except | 16 | | that a specific record or relevant portion of a
record | 17 | | shall not be exempt when the record is publicly cited
and | 18 | | identified by the head of the public body. The exemption | 19 | | provided in
this paragraph (f) extends to all those | 20 | | records of officers and agencies
of the General Assembly | 21 | | that pertain to the preparation of legislative
documents.
| 22 | | (g) Trade secrets and commercial or financial | 23 | | information obtained from
a person or business where the | 24 | | trade secrets or commercial or financial information are | 25 | | furnished under a claim that they are
proprietary, | 26 | | privileged, or confidential, and that disclosure of the |
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| 1 | | trade
secrets or commercial or financial information would | 2 | | cause competitive harm to the person or business, and only | 3 | | insofar as the claim directly applies to the records | 4 | | requested. | 5 | | The information included under this exemption includes | 6 | | all trade secrets and commercial or financial information | 7 | | obtained by a public body, including a public pension | 8 | | fund, from a private equity fund or a privately held | 9 | | company within the investment portfolio of a private | 10 | | equity fund as a result of either investing or evaluating | 11 | | a potential investment of public funds in a private equity | 12 | | fund. The exemption contained in this item does not apply | 13 | | to the aggregate financial performance information of a | 14 | | private equity fund, nor to the identity of the fund's | 15 | | managers or general partners. The exemption contained in | 16 | | this item does not apply to the identity of a privately | 17 | | held company within the investment portfolio of a private | 18 | | equity fund, unless the disclosure of the identity of a | 19 | | privately held company may cause competitive harm. | 20 | | Nothing contained in this
paragraph (g) shall be | 21 | | construed to prevent a person or business from
consenting | 22 | | to disclosure.
| 23 | | (h) Proposals and bids for any contract, grant, or | 24 | | agreement, including
information which if it were | 25 | | disclosed would frustrate procurement or give
an advantage | 26 | | to any person proposing to enter into a contractor |
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| 1 | | agreement
with the body, until an award or final selection | 2 | | is made. Information
prepared by or for the body in | 3 | | preparation of a bid solicitation shall be
exempt until an | 4 | | award or final selection is made.
| 5 | | (i) Valuable formulae,
computer geographic systems,
| 6 | | designs, drawings , and research data obtained or
produced | 7 | | by any public body when disclosure could reasonably be | 8 | | expected to
produce private gain or public loss.
The | 9 | | exemption for "computer geographic systems" provided in | 10 | | this paragraph
(i) does not extend to requests made by | 11 | | news media as defined in Section 2 of
this Act when the | 12 | | requested information is not otherwise exempt and the only
| 13 | | purpose of the request is to access and disseminate | 14 | | information regarding the
health, safety, welfare, or | 15 | | legal rights of the general public.
| 16 | | (j) The following information pertaining to | 17 | | educational matters: | 18 | | (i) test questions, scoring keys, and other | 19 | | examination data used to
administer an academic | 20 | | examination;
| 21 | | (ii) information received by a primary or | 22 | | secondary school, college, or university under its | 23 | | procedures for the evaluation of faculty members by | 24 | | their academic peers; | 25 | | (iii) information concerning a school or | 26 | | university's adjudication of student disciplinary |
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| 1 | | cases, but only to the extent that disclosure would | 2 | | unavoidably reveal the identity of the student; and | 3 | | (iv) course materials or research materials used | 4 | | by faculty members. | 5 | | (k) Architects' plans, engineers' technical | 6 | | submissions, and
other
construction related technical | 7 | | documents for
projects not constructed or developed in | 8 | | whole or in part with public funds
and the same for | 9 | | projects constructed or developed with public funds, | 10 | | including, but not limited to, power generating and | 11 | | distribution stations and other transmission and | 12 | | distribution facilities, water treatment facilities, | 13 | | airport facilities, sport stadiums, convention centers, | 14 | | and all government owned, operated, or occupied buildings, | 15 | | but
only to the extent
that disclosure would compromise | 16 | | security.
| 17 | | (l) Minutes of meetings of public bodies closed to the
| 18 | | public as provided in the Open Meetings Act until the | 19 | | public body
makes the minutes available to the public | 20 | | under Section 2.06 of the Open
Meetings Act.
| 21 | | (m) Communications between a public body and an | 22 | | attorney or auditor
representing the public body that | 23 | | would not be subject to discovery in
litigation, and | 24 | | materials prepared or compiled by or for a public body in
| 25 | | anticipation of a criminal, civil, or administrative | 26 | | proceeding upon the
request of an attorney advising the |
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| 1 | | public body, and materials prepared or
compiled with | 2 | | respect to internal audits of public bodies.
| 3 | | (n) Records relating to a public body's adjudication | 4 | | of employee grievances or disciplinary cases; however, | 5 | | this exemption shall not extend to the final outcome of | 6 | | cases in which discipline is imposed.
| 7 | | (o) Administrative or technical information associated | 8 | | with automated
data processing operations, including, but | 9 | | not limited to, software,
operating protocols, computer | 10 | | program abstracts, file layouts, source
listings, object | 11 | | modules, load modules, user guides, documentation
| 12 | | pertaining to all logical and physical design of | 13 | | computerized systems,
employee manuals, and any other | 14 | | information that, if disclosed, would
jeopardize the | 15 | | security of the system or its data or the security of
| 16 | | materials exempt under this Section.
| 17 | | (p) Records relating to collective negotiating matters
| 18 | | between public bodies and their employees or | 19 | | representatives, except that
any final contract or | 20 | | agreement shall be subject to inspection and copying.
| 21 | | (q) Test questions, scoring keys, and other | 22 | | examination data used to determine the qualifications of | 23 | | an applicant for a license or employment.
| 24 | | (r) The records, documents, and information relating | 25 | | to real estate
purchase negotiations until those | 26 | | negotiations have been completed or
otherwise terminated. |
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| 1 | | With regard to a parcel involved in a pending or
actually | 2 | | and reasonably contemplated eminent domain proceeding | 3 | | under the Eminent Domain Act, records, documents, and
| 4 | | information relating to that parcel shall be exempt except | 5 | | as may be
allowed under discovery rules adopted by the | 6 | | Illinois Supreme Court. The
records, documents, and | 7 | | information relating to a real estate sale shall be
exempt | 8 | | until a sale is consummated.
| 9 | | (s) Any and all proprietary information and records | 10 | | related to the
operation of an intergovernmental risk | 11 | | management association or
self-insurance pool or jointly | 12 | | self-administered health and accident
cooperative or pool.
| 13 | | Insurance or self-insurance self insurance (including any | 14 | | intergovernmental risk management association or | 15 | | self-insurance self insurance pool) claims, loss or risk | 16 | | management information, records, data, advice , or | 17 | | communications.
| 18 | | (t) Information contained in or related to | 19 | | examination, operating, or
condition reports prepared by, | 20 | | on behalf of, or for the use of a public
body responsible | 21 | | for the regulation or supervision of financial
| 22 | | institutions, insurance companies, or pharmacy benefit | 23 | | managers, unless disclosure is otherwise
required by State | 24 | | law.
| 25 | | (u) Information that would disclose
or might lead to | 26 | | the disclosure of
secret or confidential information, |
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| 1 | | codes, algorithms, programs, or private
keys intended to | 2 | | be used to create electronic signatures under the Uniform | 3 | | Electronic Transactions Act.
| 4 | | (v) Vulnerability assessments, security measures, and | 5 | | response policies
or plans that are designed to identify, | 6 | | prevent, or respond to potential
attacks upon a | 7 | | community's population or systems, facilities, or | 8 | | installations, but only to the extent that
disclosure | 9 | | could reasonably be expected to expose the vulnerability | 10 | | or jeopardize the effectiveness of the
measures, policies, | 11 | | or plans, or the safety of the personnel who implement | 12 | | them or the public.
Information exempt under this item may | 13 | | include such things as details
pertaining to the | 14 | | mobilization or deployment of personnel or equipment, to | 15 | | the
operation of communication systems or protocols, to | 16 | | cybersecurity vulnerabilities, or to 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 Section Sections 10-20.38 or 34-18.29 of | 6 | | the School Code, and information about undergraduate | 7 | | students enrolled at an institution of higher education | 8 | | exempted from disclosure under Section 25 of the Illinois | 9 | | Credit 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, including, but not | 12 | | limited to, any threat assessment procedure under the | 13 | | School Safety Drill Act and any information contained in | 14 | | the procedure. | 15 | | (mm) Information prohibited from being disclosed under | 16 | | subsections (a) and (b) of Section 15 of the Student | 17 | | Confidential Reporting Act. | 18 | | (nn) (mm) Proprietary information submitted to the
| 19 | | Environmental Protection Agency under the Drug Take-Back
| 20 | | Act. | 21 | | (oo) (mm) Records described in subsection (f) of | 22 | | Section 3-5-1 of the Unified Code of Corrections. | 23 | | (pp) Information obtained by a certified local health | 24 | | department under the Access to Public Health Data Act. | 25 | | (1.5) Any information exempt from disclosure under the | 26 | | Judicial Privacy Act shall be redacted from public records |
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| 1 | | prior to disclosure under this Act. | 2 | | (2) A public record that is not in the possession of a | 3 | | public body but is in the possession of a party with whom the | 4 | | agency has contracted to perform a governmental function on | 5 | | behalf of the public body, and that directly relates to the | 6 | | governmental function and is not otherwise exempt under this | 7 | | Act, shall be considered a public record of the public body, | 8 | | for purposes of this Act. | 9 | | (3) This Section does not authorize withholding of | 10 | | information or limit the
availability of records to the | 11 | | public, except as stated in this Section or
otherwise provided | 12 | | in this Act.
| 13 | | (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; | 14 | | 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | 15 | | 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752, | 16 | | eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23; | 17 | | 102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff. | 18 | | 6-10-22; revised 8-1-22.) | 19 | | Section 905. The Vital Records Act is amended by changing | 20 | | Section 24 as follows:
| 21 | | (410 ILCS 535/24) (from Ch. 111 1/2, par. 73-24)
| 22 | | Sec. 24. (1) To protect the integrity of vital records, to | 23 | | insure their
proper use, and to insure the efficient and | 24 | | proper administration of the
vital records system, access to |
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| 1 | | vital records, and indexes thereof,
including vital records in | 2 | | the custody of local registrars and county
clerks originating | 3 | | prior to January 1, 1916, is limited to the custodian
and his | 4 | | employees, and then only for administrative purposes, except | 5 | | that
the indexes of those records in the custody of local | 6 | | registrars and county
clerks, originating prior to January 1, | 7 | | 1916, shall be made available to
persons for the purpose of | 8 | | genealogical research. Original, photographic or
| 9 | | microphotographic reproductions of original records of births | 10 | | 100 years old
and older and deaths 50 years old and older, and | 11 | | marriage records 75 years
old and older on file in the State | 12 | | Office of Vital Records and in the
custody of the county clerks | 13 | | may be made available for inspection in the
Illinois State | 14 | | Archives reference area, Illinois Regional Archives
| 15 | | Depositories, and other libraries approved by the Illinois | 16 | | State
Registrar and the Director of the Illinois State | 17 | | Archives, provided that
the photographic or microphotographic | 18 | | copies are made at no cost to the
county or to the State of | 19 | | Illinois. It is unlawful for any custodian to
permit | 20 | | inspection of, or to disclose information contained in, vital
| 21 | | records, or to copy or permit to be copied, all or part of any | 22 | | such record
except as authorized by this Act or regulations | 23 | | adopted pursuant thereto.
| 24 | | (2) The State Registrar of Vital Records, or his agent, | 25 | | and any
municipal, county, multi-county, public health | 26 | | district, or regional health
officer recognized by the |
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| 1 | | Department may examine vital records for the
purpose only of | 2 | | carrying out the public health programs and
responsibilities | 3 | | under his jurisdiction.
| 4 | | (3) The State Registrar of Vital Records, may disclose, or | 5 | | authorize the
disclosure of, data contained in the vital | 6 | | records when deemed essential
for bona fide research purposes | 7 | | which are not for private gain.
| 8 | | This amendatory Act of 1973 does not apply to any home rule | 9 | | unit.
| 10 | | (4) The State Registrar shall exchange with the
Department | 11 | | of Healthcare and Family Services
information that
may be | 12 | | necessary for the establishment of paternity and the | 13 | | establishment,
modification, and enforcement of child support | 14 | | orders
entered pursuant to the Illinois Public Aid Code, the | 15 | | Illinois
Marriage and Dissolution of Marriage Act, the | 16 | | Non-Support of
Spouse and Children Act, the Non-Support | 17 | | Punishment Act, the Revised Uniform Reciprocal Enforcement of | 18 | | Support
Act, the Uniform Interstate Family Support
Act, the | 19 | | Illinois Parentage Act of 1984, or the Illinois Parentage Act | 20 | | of 2015.
Notwithstanding any provisions in this Act to the
| 21 | | contrary, the State Registrar shall not be liable
to any | 22 | | person for any disclosure of information to the
Department of | 23 | | Healthcare and Family Services (formerly Illinois Department | 24 | | of Public Aid)
under this subsection
or for any
other action | 25 | | taken in good faith to comply with the requirements of this
| 26 | | subsection.
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| 1 | | (5) No rule adopted by the Department shall be construed, | 2 | | either explicitly or implicitly, as restricting access to | 3 | | vital records by any municipality, county, multicounty, public | 4 | | health district, or regional health officer recognized by the | 5 | | Department for the purposes described in subsections (2) and | 6 | | (3). | 7 | | (Source: P.A. 99-85, eff. 1-1-16 .)
| 8 | | Section 995. No acceleration or delay. Where this Act | 9 | | makes changes in a statute that is represented in this Act by | 10 | | text that is not yet or no longer in effect (for example, a | 11 | | Section represented by multiple versions), the use of that | 12 | | text does not accelerate or delay the taking effect of (i) the | 13 | | changes made by this Act or (ii) provisions derived from any | 14 | | other Public Act.
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