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

    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.


LRB103 26149 AWJ 52506 b

 

 

A BILL FOR

 

HB2888LRB103 26149 AWJ 52506 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom of Information Act is amended by
5changing 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,
9administrative, or advisory bodies of the State, state
10universities and colleges, counties, townships, cities,
11villages, incorporated towns, school districts and all other
12municipal corporations, boards, bureaus, committees, or
13commissions of this State, any subsidiary bodies of any of the
14foregoing including but not limited to committees and
15subcommittees thereof, and a School Finance Authority created
16under Article 1E of the School Code. "Public body" does not
17include a child death review team or the Illinois Child Death
18Review Teams Executive Council established under the Child
19Death Review Team Act, or a regional youth advisory board or
20the Statewide Youth Advisory Board established under the
21Department of Children and Family Services Statewide Youth
22Advisory Board Act.
23    (b) "Person" means any individual, corporation,

 

 

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1partnership, firm, organization or association, acting
2individually or as a group.
3    (c) "Public records" means all records, reports, forms,
4writings, letters, memoranda, books, papers, maps,
5photographs, microfilms, cards, tapes, recordings, electronic
6data processing records, electronic communications, recorded
7information and all other documentary materials pertaining to
8the transaction of public business, regardless of physical
9form or characteristics, having been prepared by or for, or
10having been or being used by, received by, in the possession
11of, or under the control of any public body.
12    (c-5) "Private information" means unique identifiers,
13including a person's social security number, driver's license
14number, employee identification number, biometric identifiers,
15personal financial information, passwords or other access
16codes, medical records (including electronic medical records
17and the information contained within or extracted from an
18electronic medical records system operated or maintained by a
19Health Insurance Portability and Accountability Act (HIPAA)
20covered entity, as defined at 45 CFR 160.103, including
21information that alone or compiled, or under circumstances in
22which the patient information combined with other information
23could allow for patient identification, in compliance with
24State and federal medical privacy laws and regulations,
25including, but not limited to, HIPAA and its regulations under
2645 CFR Parts 160 and 164), home or personal telephone numbers,

 

 

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1and personal email addresses. Private information also
2includes home address and personal license plates, except as
3otherwise provided by law or when compiled without possibility
4of attribution to any person.
5    (c-10) "Commercial purpose" means the use of any part of a
6public record or records, or information derived from public
7records, in any form for sale, resale, or solicitation or
8advertisement for sales or services. For purposes of this
9definition, requests made by news media and non-profit,
10scientific, or academic organizations shall not be considered
11to be made for a "commercial purpose" when the principal
12purpose of the request is (i) to access and disseminate
13information concerning news and current or passing events,
14(ii) for articles of opinion or features of interest to the
15public, or (iii) for the purpose of academic, scientific, or
16public research or education.
17    (d) "Copying" means the reproduction of any public record
18by means of any photographic, electronic, mechanical or other
19process, device or means now known or hereafter developed and
20available to the public body.
21    (e) "Head of the public body" means the president, mayor,
22chairman, presiding officer, director, superintendent,
23manager, supervisor or individual otherwise holding primary
24executive and administrative authority for the public body, or
25such person's duly authorized designee.
26    (f) "News media" means a newspaper or other periodical

 

 

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1issued at regular intervals whether in print or electronic
2format, a news service whether in print or electronic format,
3a radio station, a television station, a television network, a
4community antenna television service, or a person or
5corporation engaged in making news reels or other motion
6picture news for public showing.
7    (g) "Recurrent requester", as used in Section 3.2 of this
8Act, means a person that, in the 12 months immediately
9preceding the request, has submitted to the same public body
10(i) a minimum of 50 requests for records, (ii) a minimum of 15
11requests for records within a 30-day period, or (iii) a
12minimum of 7 requests for records within a 7-day period. For
13purposes of this definition, requests made by news media and
14non-profit, scientific, or academic organizations shall not be
15considered in calculating the number of requests made in the
16time periods in this definition when the principal purpose of
17the requests is (i) to access and disseminate information
18concerning news and current or passing events, (ii) for
19articles of opinion or features of interest to the public, or
20(iii) for the purpose of academic, scientific, or public
21research or education.
22    For the purposes of this subsection (g), "request" means a
23written document (or oral request, if the public body chooses
24to honor oral requests) that is submitted to a public body via
25personal delivery, mail, telefax, electronic mail, or other
26means available to the public body and that identifies the

 

 

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1particular public record the requester seeks. One request may
2identify multiple records to be inspected or copied.
3    (h) "Voluminous request" means a request that: (i)
4includes more than 5 individual requests for more than 5
5different categories of records or a combination of individual
6requests that total requests for more than 5 different
7categories of records in a period of 20 business days; or (ii)
8requires the compilation of more than 500 letter or
9legal-sized pages of public records unless a single requested
10record exceeds 500 pages. "Single requested record" may
11include, but is not limited to, one report, form, e-mail,
12letter, memorandum, book, map, microfilm, tape, or recording.
13    "Voluminous request" does not include a request made by
14news media and non-profit, scientific, or academic
15organizations if the principal purpose of the request is: (1)
16to access and disseminate information concerning news and
17current or passing events; (2) for articles of opinion or
18features of interest to the public; or (3) for the purpose of
19academic, scientific, or public research or education.
20    For the purposes of this subsection (h), "request" means a
21written document, or oral request, if the public body chooses
22to honor oral requests, that is submitted to a public body via
23personal delivery, mail, telefax, electronic mail, or other
24means available to the public body and that identifies the
25particular public record or records the requester seeks. One
26request may identify multiple individual records to be

 

 

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1inspected or copied.
2    (i) "Severance agreement" means a mutual agreement between
3any public body and its employee for the employee's
4resignation in exchange for payment by the public body.
5(Source: P.A. 98-806, eff. 1-1-15; 98-1129, eff. 12-3-14;
699-78, 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
11record that contains information that is exempt from
12disclosure under this Section, but also contains information
13that is not exempt from disclosure, the public body may elect
14to redact the information that is exempt. The public body
15shall make the remaining information available for inspection
16and copying. Subject to this requirement, the following shall
17be 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
22Judicial Privacy Act shall be redacted from public records
23prior to disclosure under this Act.
24    (2) A public record that is not in the possession of a
25public body but is in the possession of a party with whom the
26agency has contracted to perform a governmental function on

 

 

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1behalf of the public body, and that directly relates to the
2governmental function and is not otherwise exempt under this
3Act, shall be considered a public record of the public body,
4for purposes of this Act.
5    (3) This Section does not authorize withholding of
6information or limit the availability of records to the
7public, except as stated in this Section or otherwise provided
8in this Act.
9(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
10101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
116-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,
12eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
13102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; revised
1412-13-22.)
 
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
18record that contains information that is exempt from
19disclosure under this Section, but also contains information
20that is not exempt from disclosure, the public body may elect
21to redact the information that is exempt. The public body
22shall make the remaining information available for inspection
23and copying. Subject to this requirement, the following shall
24be 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

 

 

HB2888- 28 -LRB103 26149 AWJ 52506 b

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

 

 

HB2888- 30 -LRB103 26149 AWJ 52506 b

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

 

 

HB2888- 31 -LRB103 26149 AWJ 52506 b

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

 

 

HB2888- 33 -LRB103 26149 AWJ 52506 b

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

 

 

HB2888- 34 -LRB103 26149 AWJ 52506 b

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

 

 

HB2888- 35 -LRB103 26149 AWJ 52506 b

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

 

 

HB2888- 36 -LRB103 26149 AWJ 52506 b

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
11Judicial Privacy Act shall be redacted from public records
12prior to disclosure under this Act.
13    (2) A public record that is not in the possession of a
14public body but is in the possession of a party with whom the
15agency has contracted to perform a governmental function on
16behalf of the public body, and that directly relates to the
17governmental function and is not otherwise exempt under this
18Act, shall be considered a public record of the public body,
19for purposes of this Act.
20    (3) This Section does not authorize withholding of
21information or limit the availability of records to the
22public, except as stated in this Section or otherwise provided
23in this Act.
24(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
25101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
266-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,

 

 

HB2888- 37 -LRB103 26149 AWJ 52506 b

1eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
2102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff.
36-10-22; revised 12-13-22.)
 
4    Section 95. No acceleration or delay. Where this Act makes
5changes in a statute that is represented in this Act by text
6that is not yet or no longer in effect (for example, a Section
7represented by multiple versions), the use of that text does
8not accelerate or delay the taking effect of (i) the changes
9made by this Act or (ii) provisions derived from any other
10Public Act.