Full Text of SB1670 103rd General Assembly
SB1670ham001 103RD GENERAL ASSEMBLY | Rep. Marcus C. Evans, Jr. Filed: 4/25/2023
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| 1 | | AMENDMENT TO SENATE BILL 1670
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1670 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Freedom of Information Act is amended by | 5 | | changing Sections 2 and 7 as follows:
| 6 | | (5 ILCS 140/2) (from Ch. 116, par. 202)
| 7 | | Sec. 2. Definitions. As used in this Act:
| 8 | | (a) "Public body" means all legislative,
executive, | 9 | | administrative, or advisory bodies of the State, state | 10 | | universities
and colleges, counties, townships, cities, | 11 | | villages, incorporated towns,
school districts and all other | 12 | | municipal corporations,
boards, bureaus, committees, or | 13 | | commissions of this State, any
subsidiary
bodies of any of the | 14 | | foregoing including but not limited to committees and
| 15 | | subcommittees thereof, and a School Finance Authority created | 16 | | under
Article 1E of the School Code.
"Public body" does not |
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| 1 | | include a child death review team
or the Illinois Child Death | 2 | | Review Teams
Executive Council
established under
the Child | 3 | | Death Review Team Act, or a regional youth advisory board or | 4 | | the Statewide Youth Advisory Board established under the | 5 | | Department of Children and Family Services Statewide Youth | 6 | | Advisory Board Act.
| 7 | | (b) "Person" means any individual, corporation, | 8 | | partnership, firm,
organization
or association, acting | 9 | | individually or as a group.
| 10 | | (c) "Public records" means all records, reports, forms, | 11 | | writings, letters,
memoranda, books, papers, maps, | 12 | | photographs, microfilms, cards, tapes,
recordings,
electronic | 13 | | data processing records, electronic communications, recorded | 14 | | information and all other
documentary
materials pertaining to | 15 | | the transaction of public business, regardless of physical | 16 | | form or characteristics, having been
prepared by or for, or | 17 | | having been or being used by, received by, in the possession | 18 | | of, or under the
control
of
any public body. | 19 | | (c-5) "Private information" means unique identifiers, | 20 | | including a person's social security number, driver's license | 21 | | number, employee identification number, biometric identifiers, | 22 | | personal financial information, passwords or other access | 23 | | codes, medical records, home or personal telephone numbers, | 24 | | and personal email addresses. Private information also | 25 | | includes home address and personal license plates, except as | 26 | | otherwise provided by law or when compiled without possibility |
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| 1 | | of attribution to any person. For a public body that is a | 2 | | HIPAA-covered entity, "private information" includes | 3 | | electronic medical records and all information, including | 4 | | demographic information, contained within or extracted from an | 5 | | electronic medical records system operated or maintained by | 6 | | the public body in compliance with State and federal medical | 7 | | privacy laws and regulations, including, but not limited to, | 8 | | the Health Insurance Portability and Accountability Act and | 9 | | its regulations, 45 CFR Parts 160 and 164. As used in this | 10 | | subsection, "HIPAA-covered entity" has the meaning given to | 11 | | the term "covered entity" in 45 CFR 160.103. | 12 | | (c-10) "Commercial purpose" means the use of any part of a | 13 | | public record or records, or information derived from public | 14 | | records, in any form for sale, resale, or solicitation or | 15 | | advertisement for sales or services. For purposes of this | 16 | | definition, requests made by news media and non-profit, | 17 | | scientific, or academic organizations shall not be considered | 18 | | to be made for a "commercial purpose" when the principal | 19 | | purpose of the request is (i) to access and disseminate | 20 | | information concerning news and current or passing events, | 21 | | (ii) for articles of opinion or features of interest to the | 22 | | public, or (iii) for the purpose of academic, scientific, or | 23 | | public research or education.
| 24 | | (d) "Copying" means the reproduction of any public record | 25 | | by means of any
photographic, electronic, mechanical or other | 26 | | process, device or means now known or hereafter developed and |
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| 1 | | available to the public body.
| 2 | | (e) "Head of the public body" means the president, mayor, | 3 | | chairman,
presiding
officer, director, superintendent, | 4 | | manager, supervisor or individual otherwise
holding primary | 5 | | executive and administrative authority for the public
body, or | 6 | | such person's duly authorized designee.
| 7 | | (f) "News media" means a newspaper or other periodical | 8 | | issued at regular
intervals whether in print or electronic | 9 | | format, a news service whether
in print or electronic format, | 10 | | a radio
station, a television station, a television network, a | 11 | | community
antenna television service, or a person or | 12 | | corporation engaged in making news
reels or other motion | 13 | | picture news for public showing.
| 14 | | (g) "Recurrent requester", as used in Section 3.2 of this | 15 | | Act, means a person that, in the 12 months immediately | 16 | | preceding the request, has submitted to the same public body | 17 | | (i) a minimum of 50 requests for records, (ii) a minimum of 15 | 18 | | requests for records within a 30-day period, or (iii) a | 19 | | minimum of 7 requests for records within a 7-day period. For | 20 | | purposes of this definition, requests made by news media and | 21 | | non-profit, scientific, or academic organizations shall not be | 22 | | considered in calculating the number of requests made in the | 23 | | time periods in this definition when the principal purpose of | 24 | | the requests is (i) to access and disseminate information | 25 | | concerning news and current or passing events, (ii) for | 26 | | articles of opinion or features of interest to the public, or |
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| 1 | | (iii) for the purpose of academic, scientific, or public | 2 | | research or education. | 3 | | For the purposes of this subsection (g), "request" means a | 4 | | written document (or oral request, if the public body chooses | 5 | | to honor oral requests) that is submitted to a public body via | 6 | | personal delivery, mail, telefax, electronic mail, or other | 7 | | means available to the public body and that identifies the | 8 | | particular public record the requester seeks. One request may | 9 | | identify multiple records to be inspected or copied. | 10 | | (h) "Voluminous request" means a request that: (i) | 11 | | includes more than 5 individual requests for more than 5 | 12 | | different categories of records or a combination of individual | 13 | | requests that total requests for more than 5 different | 14 | | categories of records in a period of 20 business days; or (ii) | 15 | | requires the compilation of more than 500 letter or | 16 | | legal-sized pages of public records unless a single requested | 17 | | record exceeds 500 pages. "Single requested record" may | 18 | | include, but is not limited to, one report, form, e-mail, | 19 | | letter, memorandum, book, map, microfilm, tape, or recording. | 20 | | "Voluminous request" does not include a request made by | 21 | | news media and non-profit, scientific, or academic | 22 | | organizations if the principal purpose of the request is: (1) | 23 | | to access and disseminate information concerning news and | 24 | | current or passing events; (2) for articles of opinion or | 25 | | features of interest to the public; or (3) for the purpose of | 26 | | academic, scientific, or public research or education. |
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| 1 | | For the purposes of this subsection (h), "request" means a | 2 | | written document, or oral request, if the public body chooses | 3 | | to honor oral requests, that is submitted to a public body via | 4 | | personal delivery, mail, telefax, electronic mail, or other | 5 | | means available to the public body and that identifies the | 6 | | particular public record or records the requester seeks. One | 7 | | request may identify multiple individual records to be | 8 | | inspected or copied. | 9 | | (i) "Severance agreement" means a mutual agreement between | 10 | | any public body and its employee for the employee's | 11 | | resignation in exchange for payment by the public body. | 12 | | (Source: P.A. 98-806, eff. 1-1-15; 98-1129, eff. 12-3-14; | 13 | | 99-78, eff. 7-20-15; 99-478, eff. 6-1-16 .)
| 14 | | (5 ILCS 140/7)
| 15 | | (Text of Section before amendment by P.A. 102-982 ) | 16 | | Sec. 7. Exemptions.
| 17 | | (1) When a request is made to inspect or copy a public | 18 | | record that contains information that is exempt from | 19 | | disclosure under this Section, but also contains information | 20 | | that is not exempt from disclosure, the public body may elect | 21 | | to redact the information that is exempt. The public body | 22 | | shall make the remaining information available for inspection | 23 | | and copying. Subject to this requirement, the following shall | 24 | | be exempt from inspection and copying:
| 25 | | (a) Information specifically prohibited from |
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| 1 | | disclosure by federal or
State law or rules and | 2 | | regulations implementing federal or State law.
| 3 | | (b) Private information, unless disclosure is required | 4 | | by another provision of this Act, a State or federal law, | 5 | | or a court order. | 6 | | (b-5) Files, documents, and other data or databases | 7 | | maintained by one or more law enforcement agencies and | 8 | | specifically designed to provide information to one or | 9 | | more law enforcement agencies regarding the physical or | 10 | | mental status of one or more individual subjects. | 11 | | (c) Personal information contained within public | 12 | | records, the disclosure of which would constitute a | 13 | | clearly
unwarranted invasion of personal privacy, unless | 14 | | the disclosure is
consented to in writing by the | 15 | | individual subjects of the information. "Unwarranted | 16 | | invasion of personal privacy" means the disclosure of | 17 | | information that is highly personal or objectionable to a | 18 | | reasonable person and in which the subject's right to | 19 | | privacy outweighs any legitimate public interest in | 20 | | obtaining the information. The
disclosure of information | 21 | | that bears on the public duties of public
employees and | 22 | | officials shall not be considered an invasion of personal
| 23 | | privacy.
| 24 | | (d) Records in the possession of any public body | 25 | | created in the course of administrative enforcement
| 26 | | proceedings, and any law enforcement or correctional |
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| 1 | | agency for
law enforcement purposes,
but only to the | 2 | | extent that disclosure would:
| 3 | | (i) interfere with pending or actually and | 4 | | reasonably contemplated
law enforcement proceedings | 5 | | conducted by any law enforcement or correctional
| 6 | | agency that is the recipient of the request;
| 7 | | (ii) interfere with active administrative | 8 | | enforcement proceedings
conducted by the public body | 9 | | that is the recipient of the request;
| 10 | | (iii) create a substantial likelihood that a | 11 | | person will be deprived of a fair trial or an impartial | 12 | | hearing;
| 13 | | (iv) unavoidably disclose the identity of a | 14 | | confidential source, confidential information | 15 | | furnished only by the confidential source, or persons | 16 | | who file complaints with or provide information to | 17 | | administrative, investigative, law enforcement, or | 18 | | penal agencies; except that the identities of | 19 | | witnesses to traffic accidents, traffic accident | 20 | | reports, and rescue reports shall be provided by | 21 | | agencies of local government, except when disclosure | 22 | | would interfere with an active criminal investigation | 23 | | conducted by the agency that is the recipient of the | 24 | | request;
| 25 | | (v) disclose unique or specialized investigative | 26 | | techniques other than
those generally used and known |
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| 1 | | or disclose internal documents of
correctional | 2 | | agencies related to detection, observation , or | 3 | | investigation of
incidents of crime or misconduct, and | 4 | | disclosure would result in demonstrable harm to the | 5 | | agency or public body that is the recipient of the | 6 | | request;
| 7 | | (vi) endanger the life or physical safety of law | 8 | | enforcement personnel
or any other person; or
| 9 | | (vii) obstruct an ongoing criminal investigation | 10 | | by the agency that is the recipient of the request.
| 11 | | (d-5) A law enforcement record created for law | 12 | | enforcement purposes and contained in a shared electronic | 13 | | record management system if the law enforcement agency | 14 | | that is the recipient of the request did not create the | 15 | | record, did not participate in or have a role in any of the | 16 | | events which are the subject of the record, and only has | 17 | | access to the record through the shared electronic record | 18 | | management system. | 19 | | (d-6) Records contained in the Officer Professional | 20 | | Conduct Database under Section 9.2 of the Illinois Police | 21 | | Training Act, except to the extent authorized under that | 22 | | Section. This includes the documents supplied to the | 23 | | Illinois Law Enforcement Training Standards Board from the | 24 | | Illinois State Police and Illinois State Police Merit | 25 | | Board. | 26 | | (e) Records that relate to or affect the security of |
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| 1 | | correctional
institutions and detention facilities.
| 2 | | (e-5) Records requested by persons committed to the | 3 | | Department of Corrections, Department of Human Services | 4 | | Division of Mental Health, or a county jail if those | 5 | | materials are available in the library of the correctional | 6 | | institution or facility or jail where the inmate is | 7 | | confined. | 8 | | (e-6) Records requested by persons committed to the | 9 | | Department of Corrections, Department of Human Services | 10 | | Division of Mental Health, or a county jail if those | 11 | | materials include records from staff members' personnel | 12 | | files, staff rosters, or other staffing assignment | 13 | | information. | 14 | | (e-7) Records requested by persons committed to the | 15 | | Department of Corrections or Department of Human Services | 16 | | Division of Mental Health if those materials are available | 17 | | through an administrative request to the Department of | 18 | | Corrections or Department of Human Services Division of | 19 | | Mental Health. | 20 | | (e-8) Records requested by a person committed to the | 21 | | Department of Corrections, Department of Human Services | 22 | | Division of Mental Health, or a county jail, the | 23 | | disclosure of which would result in the risk of harm to any | 24 | | person or the risk of an escape from a jail or correctional | 25 | | institution or facility. | 26 | | (e-9) Records requested by a person in a county jail |
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| 1 | | or committed to the Department of Corrections or | 2 | | Department of Human Services Division of Mental Health, | 3 | | containing personal information pertaining to the person's | 4 | | victim or the victim's family, including, but not limited | 5 | | to, a victim's home address, home telephone number, work | 6 | | or school address, work telephone number, social security | 7 | | number, or any other identifying information, except as | 8 | | may be relevant to a requester's current or potential case | 9 | | or claim. | 10 | | (e-10) Law enforcement records of other persons | 11 | | requested by a person committed to the Department of | 12 | | Corrections, Department of Human Services Division of | 13 | | Mental Health, or a county jail, including, but not | 14 | | limited to, arrest and booking records, mug shots, and | 15 | | crime scene photographs, except as these records may be | 16 | | relevant to the requester's current or potential case or | 17 | | claim. | 18 | | (f) Preliminary drafts, notes, recommendations, | 19 | | memoranda, and other
records in which opinions are | 20 | | expressed, or policies or actions are
formulated, except | 21 | | that a specific record or relevant portion of a
record | 22 | | shall not be exempt when the record is publicly cited
and | 23 | | identified by the head of the public body. The exemption | 24 | | provided in
this paragraph (f) extends to all those | 25 | | records of officers and agencies
of the General Assembly | 26 | | that pertain to the preparation of legislative
documents.
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| 1 | | (g) Trade secrets and commercial or financial | 2 | | information obtained from
a person or business where the | 3 | | trade secrets or commercial or financial information are | 4 | | furnished under a claim that they are
proprietary, | 5 | | privileged, or confidential, and that disclosure of the | 6 | | trade
secrets or commercial or financial information would | 7 | | cause competitive harm to the person or business, and only | 8 | | insofar as the claim directly applies to the records | 9 | | requested. | 10 | | The information included under this exemption includes | 11 | | all trade secrets and commercial or financial information | 12 | | obtained by a public body, including a public pension | 13 | | fund, from a private equity fund or a privately held | 14 | | company within the investment portfolio of a private | 15 | | equity fund as a result of either investing or evaluating | 16 | | a potential investment of public funds in a private equity | 17 | | fund. The exemption contained in this item does not apply | 18 | | to the aggregate financial performance information of a | 19 | | private equity fund, nor to the identity of the fund's | 20 | | managers or general partners. The exemption contained in | 21 | | this item does not apply to the identity of a privately | 22 | | held company within the investment portfolio of a private | 23 | | equity fund, unless the disclosure of the identity of a | 24 | | privately held company may cause competitive harm. | 25 | | Nothing contained in this
paragraph (g) shall be | 26 | | construed to prevent a person or business from
consenting |
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| 1 | | to disclosure.
| 2 | | (h) Proposals and bids for any contract, grant, or | 3 | | agreement, including
information which if it were | 4 | | disclosed would frustrate procurement or give
an advantage | 5 | | to any person proposing to enter into a contractor | 6 | | agreement
with the body, until an award or final selection | 7 | | is made. Information
prepared by or for the body in | 8 | | preparation of a bid solicitation shall be
exempt until an | 9 | | award or final selection is made.
| 10 | | (i) Valuable formulae,
computer geographic systems,
| 11 | | designs, drawings , and research data obtained or
produced | 12 | | by any public body when disclosure could reasonably be | 13 | | expected to
produce private gain or public loss.
The | 14 | | exemption for "computer geographic systems" provided in | 15 | | this paragraph
(i) does not extend to requests made by | 16 | | news media as defined in Section 2 of
this Act when the | 17 | | requested information is not otherwise exempt and the only
| 18 | | purpose of the request is to access and disseminate | 19 | | information regarding the
health, safety, welfare, or | 20 | | legal rights of the general public.
| 21 | | (j) The following information pertaining to | 22 | | educational matters: | 23 | | (i) test questions, scoring keys, and other | 24 | | examination data used to
administer an academic | 25 | | examination;
| 26 | | (ii) information received by a primary or |
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| 1 | | secondary school, college, or university under its | 2 | | procedures for the evaluation of faculty members by | 3 | | their academic peers; | 4 | | (iii) information concerning a school or | 5 | | university's adjudication of student disciplinary | 6 | | cases, but only to the extent that disclosure would | 7 | | unavoidably reveal the identity of the student; and | 8 | | (iv) course materials or research materials used | 9 | | by faculty members. | 10 | | (k) Architects' plans, engineers' technical | 11 | | submissions, and
other
construction related technical | 12 | | documents for
projects not constructed or developed in | 13 | | whole or in part with public funds
and the same for | 14 | | projects constructed or developed with public funds, | 15 | | including, but not limited to, power generating and | 16 | | distribution stations and other transmission and | 17 | | distribution facilities, water treatment facilities, | 18 | | airport facilities, sport stadiums, convention centers, | 19 | | and all government owned, operated, or occupied buildings, | 20 | | but
only to the extent
that disclosure would compromise | 21 | | security.
| 22 | | (l) Minutes of meetings of public bodies closed to the
| 23 | | public as provided in the Open Meetings Act until the | 24 | | public body
makes the minutes available to the public | 25 | | under Section 2.06 of the Open
Meetings Act.
| 26 | | (m) Communications between a public body and an |
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| 1 | | attorney or auditor
representing the public body that | 2 | | would not be subject to discovery in
litigation, and | 3 | | materials prepared or compiled by or for a public body in
| 4 | | anticipation of a criminal, civil, or administrative | 5 | | proceeding upon the
request of an attorney advising the | 6 | | public body, and materials prepared or
compiled with | 7 | | respect to internal audits of public bodies.
| 8 | | (n) Records relating to a public body's adjudication | 9 | | of employee grievances or disciplinary cases; however, | 10 | | this exemption shall not extend to the final outcome of | 11 | | cases in which discipline is imposed.
| 12 | | (o) Administrative or technical information associated | 13 | | with automated
data processing operations, including, but | 14 | | not limited to, software,
operating protocols, computer | 15 | | program abstracts, file layouts, source
listings, object | 16 | | modules, load modules, user guides, documentation
| 17 | | pertaining to all logical and physical design of | 18 | | computerized systems,
employee manuals, and any other | 19 | | information that, if disclosed, would
jeopardize the | 20 | | security of the system or its data or the security of
| 21 | | materials exempt under this Section.
| 22 | | (p) Records relating to collective negotiating matters
| 23 | | between public bodies and their employees or | 24 | | representatives, except that
any final contract or | 25 | | agreement shall be subject to inspection and copying.
| 26 | | (q) Test questions, scoring keys, and other |
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| 1 | | examination data used to determine the qualifications of | 2 | | an applicant for a license or employment.
| 3 | | (r) The records, documents, and information relating | 4 | | to real estate
purchase negotiations until those | 5 | | negotiations have been completed or
otherwise terminated. | 6 | | With regard to a parcel involved in a pending or
actually | 7 | | and reasonably contemplated eminent domain proceeding | 8 | | under the Eminent Domain Act, records, documents, and
| 9 | | information relating to that parcel shall be exempt except | 10 | | as may be
allowed under discovery rules adopted by the | 11 | | Illinois Supreme Court. The
records, documents, and | 12 | | information relating to a real estate sale shall be
exempt | 13 | | until a sale is consummated.
| 14 | | (s) Any and all proprietary information and records | 15 | | related to the
operation of an intergovernmental risk | 16 | | management association or
self-insurance pool or jointly | 17 | | self-administered health and accident
cooperative or pool.
| 18 | | Insurance or self-insurance self insurance (including any | 19 | | intergovernmental risk management association or | 20 | | self-insurance self insurance pool) claims, loss or risk | 21 | | management information, records, data, advice , or | 22 | | communications.
| 23 | | (t) Information contained in or related to | 24 | | examination, operating, or
condition reports prepared by, | 25 | | on behalf of, or for the use of a public
body responsible | 26 | | for the regulation or supervision of financial
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| 1 | | institutions, insurance companies, or pharmacy benefit | 2 | | managers, unless disclosure is otherwise
required by State | 3 | | law.
| 4 | | (u) Information that would disclose
or might lead to | 5 | | the disclosure of
secret or confidential information, | 6 | | codes, algorithms, programs, or private
keys intended to | 7 | | be used to create electronic signatures under the Uniform | 8 | | Electronic Transactions Act.
| 9 | | (v) Vulnerability assessments, security measures, and | 10 | | response policies
or plans that are designed to identify, | 11 | | prevent, or respond to potential
attacks upon a | 12 | | community's population or systems, facilities, or | 13 | | installations, but only to the extent that
disclosure | 14 | | could reasonably be expected to expose the vulnerability | 15 | | or jeopardize the effectiveness of the
measures, policies, | 16 | | or plans, or the safety of the personnel who implement | 17 | | them or the public.
Information exempt under this item may | 18 | | include such things as details
pertaining to the | 19 | | mobilization or deployment of personnel or equipment, to | 20 | | the
operation of communication systems or protocols, to | 21 | | cybersecurity vulnerabilities, or to tactical operations.
| 22 | | (w) (Blank). | 23 | | (x) Maps and other records regarding the location or | 24 | | security of generation, transmission, distribution, | 25 | | storage, gathering,
treatment, or switching facilities | 26 | | owned by a utility, by a power generator, or by the |
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| 1 | | Illinois Power Agency.
| 2 | | (y) Information contained in or related to proposals, | 3 | | bids, or negotiations related to electric power | 4 | | procurement under Section 1-75 of the Illinois Power | 5 | | Agency Act and Section 16-111.5 of the Public Utilities | 6 | | Act that is determined to be confidential and proprietary | 7 | | by the Illinois Power Agency or by the Illinois Commerce | 8 | | Commission.
| 9 | | (z) Information about students exempted from | 10 | | disclosure under Section Sections 10-20.38 or 34-18.29 of | 11 | | the School Code, and information about undergraduate | 12 | | students enrolled at an institution of higher education | 13 | | exempted from disclosure under Section 25 of the Illinois | 14 | | Credit Card Marketing Act of 2009. | 15 | | (aa) Information the disclosure of which is
exempted | 16 | | under the Viatical Settlements Act of 2009.
| 17 | | (bb) Records and information provided to a mortality | 18 | | review team and records maintained by a mortality review | 19 | | team appointed under the Department of Juvenile Justice | 20 | | Mortality Review Team Act. | 21 | | (cc) Information regarding interments, entombments, or | 22 | | inurnments of human remains that are submitted to the | 23 | | Cemetery Oversight Database under the Cemetery Care Act or | 24 | | the Cemetery Oversight Act, whichever is applicable. | 25 | | (dd) Correspondence and records (i) that may not be | 26 | | disclosed under Section 11-9 of the Illinois Public Aid |
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| 1 | | Code or (ii) that pertain to appeals under Section 11-8 of | 2 | | the Illinois Public Aid Code. | 3 | | (ee) The names, addresses, or other personal | 4 | | information of persons who are minors and are also | 5 | | participants and registrants in programs of park | 6 | | districts, forest preserve districts, conservation | 7 | | districts, recreation agencies, and special recreation | 8 | | associations. | 9 | | (ff) The names, addresses, or other personal | 10 | | information of participants and registrants in programs of | 11 | | park districts, forest preserve districts, conservation | 12 | | districts, recreation agencies, and special recreation | 13 | | associations where such programs are targeted primarily to | 14 | | minors. | 15 | | (gg) Confidential information described in Section | 16 | | 1-100 of the Illinois Independent Tax Tribunal Act of | 17 | | 2012. | 18 | | (hh) The report submitted to the State Board of | 19 | | Education by the School Security and Standards Task Force | 20 | | under item (8) of subsection (d) of Section 2-3.160 of the | 21 | | School Code and any information contained in that report. | 22 | | (ii) Records requested by persons committed to or | 23 | | detained by the Department of Human Services under the | 24 | | Sexually Violent Persons Commitment Act or committed to | 25 | | the Department of Corrections under the Sexually Dangerous | 26 | | Persons Act if those materials: (i) are available in the |
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| 1 | | library of the facility where the individual is confined; | 2 | | (ii) include records from staff members' personnel files, | 3 | | staff rosters, or other staffing assignment information; | 4 | | or (iii) are available through an administrative request | 5 | | to the Department of Human Services or the Department of | 6 | | Corrections. | 7 | | (jj) Confidential information described in Section | 8 | | 5-535 of the Civil Administrative Code of Illinois. | 9 | | (kk) The public body's credit card numbers, debit card | 10 | | numbers, bank account numbers, Federal Employer | 11 | | Identification Number, security code numbers, passwords, | 12 | | and similar account information, the disclosure of which | 13 | | could result in identity theft or impression or defrauding | 14 | | of a governmental entity or a person. | 15 | | (ll) Records concerning the work of the threat | 16 | | assessment team of a school district, including, but not | 17 | | limited to, any threat assessment procedure under the | 18 | | School Safety Drill Act and any information contained in | 19 | | the procedure. | 20 | | (mm) Information prohibited from being disclosed under | 21 | | subsections (a) and (b) of Section 15 of the Student | 22 | | Confidential Reporting Act. | 23 | | (nn) (mm) Proprietary information submitted to the
| 24 | | Environmental Protection Agency under the Drug Take-Back
| 25 | | Act. | 26 | | (oo) (mm) Records described in subsection (f) of |
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| 1 | | Section 3-5-1 of the Unified Code of Corrections. | 2 | | (1.5) Any information exempt from disclosure under the | 3 | | Judicial Privacy Act shall be redacted from public records | 4 | | prior to disclosure under this Act. | 5 | | (2) A public record that is not in the possession of a | 6 | | public body but is in the possession of a party with whom the | 7 | | agency has contracted to perform a governmental function on | 8 | | behalf of the public body, and that directly relates to the | 9 | | governmental function and is not otherwise exempt under this | 10 | | Act, shall be considered a public record of the public body, | 11 | | for purposes of this Act. | 12 | | (3) This Section does not authorize withholding of | 13 | | information or limit the
availability of records to the | 14 | | public, except as stated in this Section or
otherwise provided | 15 | | in this Act.
| 16 | | (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; | 17 | | 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | 18 | | 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752, | 19 | | eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23; | 20 | | 102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; revised | 21 | | 12-13-22.) | 22 | | (Text of Section after amendment by P.A. 102-982 )
| 23 | | Sec. 7. Exemptions.
| 24 | | (1) When a request is made to inspect or copy a public | 25 | | record that contains information that is exempt from |
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| 1 | | disclosure under this Section, but also contains information | 2 | | that is not exempt from disclosure, the public body may elect | 3 | | to redact the information that is exempt. The public body | 4 | | shall make the remaining information available for inspection | 5 | | and copying. Subject to this requirement, the following shall | 6 | | be exempt from inspection and copying:
| 7 | | (a) Information specifically prohibited from | 8 | | disclosure by federal or
State law or rules and | 9 | | regulations implementing federal or State law.
| 10 | | (b) Private information, unless disclosure is required | 11 | | by another provision of this Act, a State or federal law, | 12 | | or a court order. | 13 | | (b-5) Files, documents, and other data or databases | 14 | | maintained by one or more law enforcement agencies and | 15 | | specifically designed to provide information to one or | 16 | | more law enforcement agencies regarding the physical or | 17 | | mental status of one or more individual subjects. | 18 | | (c) Personal information contained within public | 19 | | records, the disclosure of which would constitute a | 20 | | clearly
unwarranted invasion of personal privacy, unless | 21 | | the disclosure is
consented to in writing by the | 22 | | individual subjects of the information. "Unwarranted | 23 | | invasion of personal privacy" means the disclosure of | 24 | | information that is highly personal or objectionable to a | 25 | | reasonable person and in which the subject's right to | 26 | | privacy outweighs any legitimate public interest in |
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| 1 | | obtaining the information. The
disclosure of information | 2 | | that bears on the public duties of public
employees and | 3 | | officials shall not be considered an invasion of personal
| 4 | | privacy.
| 5 | | (d) Records in the possession of any public body | 6 | | created in the course of administrative enforcement
| 7 | | proceedings, and any law enforcement or correctional | 8 | | agency for
law enforcement purposes,
but only to the | 9 | | extent that disclosure would:
| 10 | | (i) interfere with pending or actually and | 11 | | reasonably contemplated
law enforcement proceedings | 12 | | conducted by any law enforcement or correctional
| 13 | | agency that is the recipient of the request;
| 14 | | (ii) interfere with active administrative | 15 | | enforcement proceedings
conducted by the public body | 16 | | that is the recipient of the request;
| 17 | | (iii) create a substantial likelihood that a | 18 | | person will be deprived of a fair trial or an impartial | 19 | | hearing;
| 20 | | (iv) unavoidably disclose the identity of a | 21 | | confidential source, confidential information | 22 | | furnished only by the confidential source, or persons | 23 | | who file complaints with or provide information to | 24 | | administrative, investigative, law enforcement, or | 25 | | penal agencies; except that the identities of | 26 | | witnesses to traffic crashes, traffic crash reports, |
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| 1 | | and rescue reports shall be provided by agencies of | 2 | | local government, except when disclosure would | 3 | | interfere with an active criminal investigation | 4 | | conducted by the agency that is the recipient of the | 5 | | request;
| 6 | | (v) disclose unique or specialized investigative | 7 | | techniques other than
those generally used and known | 8 | | or disclose internal documents of
correctional | 9 | | agencies related to detection, observation , or | 10 | | investigation of
incidents of crime or misconduct, and | 11 | | disclosure would result in demonstrable harm to the | 12 | | agency or public body that is the recipient of the | 13 | | request;
| 14 | | (vi) endanger the life or physical safety of law | 15 | | enforcement personnel
or any other person; or
| 16 | | (vii) obstruct an ongoing criminal investigation | 17 | | by the agency that is the recipient of the request.
| 18 | | (d-5) A law enforcement record created for law | 19 | | enforcement purposes and contained in a shared electronic | 20 | | record management system if the law enforcement agency | 21 | | that is the recipient of the request did not create the | 22 | | record, did not participate in or have a role in any of the | 23 | | events which are the subject of the record, and only has | 24 | | access to the record through the shared electronic record | 25 | | management system. | 26 | | (d-6) Records contained in the Officer Professional |
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| 1 | | Conduct Database under Section 9.2 of the Illinois Police | 2 | | Training Act, except to the extent authorized under that | 3 | | Section. This includes the documents supplied to the | 4 | | Illinois Law Enforcement Training Standards Board from the | 5 | | Illinois State Police and Illinois State Police Merit | 6 | | Board. | 7 | | (e) Records that relate to or affect the security of | 8 | | correctional
institutions and detention facilities.
| 9 | | (e-5) Records requested by persons committed to the | 10 | | Department of Corrections, Department of Human Services | 11 | | Division of Mental Health, or a county jail if those | 12 | | materials are available in the library of the correctional | 13 | | institution or facility or jail where the inmate is | 14 | | confined. | 15 | | (e-6) Records requested by persons committed to the | 16 | | Department of Corrections, Department of Human Services | 17 | | Division of Mental Health, or a county jail if those | 18 | | materials include records from staff members' personnel | 19 | | files, staff rosters, or other staffing assignment | 20 | | information. | 21 | | (e-7) Records requested by persons committed to the | 22 | | Department of Corrections or Department of Human Services | 23 | | Division of Mental Health if those materials are available | 24 | | through an administrative request to the Department of | 25 | | Corrections or Department of Human Services Division of | 26 | | Mental Health. |
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| 1 | | (e-8) Records requested by a person committed to the | 2 | | Department of Corrections, Department of Human Services | 3 | | Division of Mental Health, or a county jail, the | 4 | | disclosure of which would result in the risk of harm to any | 5 | | person or the risk of an escape from a jail or correctional | 6 | | institution or facility. | 7 | | (e-9) Records requested by a person in a county jail | 8 | | or committed to the Department of Corrections or | 9 | | Department of Human Services Division of Mental Health, | 10 | | containing personal information pertaining to the person's | 11 | | victim or the victim's family, including, but not limited | 12 | | to, a victim's home address, home telephone number, work | 13 | | or school address, work telephone number, social security | 14 | | number, or any other identifying information, except as | 15 | | may be relevant to a requester's current or potential case | 16 | | or claim. | 17 | | (e-10) Law enforcement records of other persons | 18 | | requested by a person committed to the Department of | 19 | | Corrections, Department of Human Services Division of | 20 | | Mental Health, or a county jail, including, but not | 21 | | limited to, arrest and booking records, mug shots, and | 22 | | crime scene photographs, except as these records may be | 23 | | relevant to the requester's current or potential case or | 24 | | claim. | 25 | | (f) Preliminary drafts, notes, recommendations, | 26 | | memoranda, and other
records in which opinions are |
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| 1 | | expressed, or policies or actions are
formulated, except | 2 | | that a specific record or relevant portion of a
record | 3 | | shall not be exempt when the record is publicly cited
and | 4 | | identified by the head of the public body. The exemption | 5 | | provided in
this paragraph (f) extends to all those | 6 | | records of officers and agencies
of the General Assembly | 7 | | that pertain to the preparation of legislative
documents.
| 8 | | (g) Trade secrets and commercial or financial | 9 | | information obtained from
a person or business where the | 10 | | trade secrets or commercial or financial information are | 11 | | furnished under a claim that they are
proprietary, | 12 | | privileged, or confidential, and that disclosure of the | 13 | | trade
secrets or commercial or financial information would | 14 | | cause competitive harm to the person or business, and only | 15 | | insofar as the claim directly applies to the records | 16 | | requested. | 17 | | The information included under this exemption includes | 18 | | all trade secrets and commercial or financial information | 19 | | obtained by a public body, including a public pension | 20 | | fund, from a private equity fund or a privately held | 21 | | company within the investment portfolio of a private | 22 | | equity fund as a result of either investing or evaluating | 23 | | a potential investment of public funds in a private equity | 24 | | fund. The exemption contained in this item does not apply | 25 | | to the aggregate financial performance information of a | 26 | | private equity fund, nor to the identity of the fund's |
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| 1 | | managers or general partners. The exemption contained in | 2 | | this item does not apply to the identity of a privately | 3 | | held company within the investment portfolio of a private | 4 | | equity fund, unless the disclosure of the identity of a | 5 | | privately held company may cause competitive harm. | 6 | | Nothing contained in this
paragraph (g) shall be | 7 | | construed to prevent a person or business from
consenting | 8 | | to disclosure.
| 9 | | (h) Proposals and bids for any contract, grant, or | 10 | | agreement, including
information which if it were | 11 | | disclosed would frustrate procurement or give
an advantage | 12 | | to any person proposing to enter into a contractor | 13 | | agreement
with the body, until an award or final selection | 14 | | is made. Information
prepared by or for the body in | 15 | | preparation of a bid solicitation shall be
exempt until an | 16 | | award or final selection is made.
| 17 | | (i) Valuable formulae,
computer geographic systems,
| 18 | | designs, drawings , and research data obtained or
produced | 19 | | by any public body when disclosure could reasonably be | 20 | | expected to
produce private gain or public loss.
The | 21 | | exemption for "computer geographic systems" provided in | 22 | | this paragraph
(i) does not extend to requests made by | 23 | | news media as defined in Section 2 of
this Act when the | 24 | | requested information is not otherwise exempt and the only
| 25 | | purpose of the request is to access and disseminate | 26 | | information regarding the
health, safety, welfare, or |
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| 1 | | legal rights of the general public.
| 2 | | (j) The following information pertaining to | 3 | | educational matters: | 4 | | (i) test questions, scoring keys, and other | 5 | | examination data used to
administer an academic | 6 | | examination;
| 7 | | (ii) information received by a primary or | 8 | | secondary school, college, or university under its | 9 | | procedures for the evaluation of faculty members by | 10 | | their academic peers; | 11 | | (iii) information concerning a school or | 12 | | university's adjudication of student disciplinary | 13 | | cases, but only to the extent that disclosure would | 14 | | unavoidably reveal the identity of the student; and | 15 | | (iv) course materials or research materials used | 16 | | by faculty members. | 17 | | (k) Architects' plans, engineers' technical | 18 | | submissions, and
other
construction related technical | 19 | | documents for
projects not constructed or developed in | 20 | | whole or in part with public funds
and the same for | 21 | | projects constructed or developed with public funds, | 22 | | including, but not limited to, power generating and | 23 | | distribution stations and other transmission and | 24 | | distribution facilities, water treatment facilities, | 25 | | airport facilities, sport stadiums, convention centers, | 26 | | and all government owned, operated, or occupied buildings, |
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| 1 | | but
only to the extent
that disclosure would compromise | 2 | | security.
| 3 | | (l) Minutes of meetings of public bodies closed to the
| 4 | | public as provided in the Open Meetings Act until the | 5 | | public body
makes the minutes available to the public | 6 | | under Section 2.06 of the Open
Meetings Act.
| 7 | | (m) Communications between a public body and an | 8 | | attorney or auditor
representing the public body that | 9 | | would not be subject to discovery in
litigation, and | 10 | | materials prepared or compiled by or for a public body in
| 11 | | anticipation of a criminal, civil, or administrative | 12 | | proceeding upon the
request of an attorney advising the | 13 | | public body, and materials prepared or
compiled with | 14 | | respect to internal audits of public bodies.
| 15 | | (n) Records relating to a public body's adjudication | 16 | | of employee grievances or disciplinary cases; however, | 17 | | this exemption shall not extend to the final outcome of | 18 | | cases in which discipline is imposed.
| 19 | | (o) Administrative or technical information associated | 20 | | with automated
data processing operations, including, but | 21 | | not limited to, software,
operating protocols, computer | 22 | | program abstracts, file layouts, source
listings, object | 23 | | modules, load modules, user guides, documentation
| 24 | | pertaining to all logical and physical design of | 25 | | computerized systems,
employee manuals, and any other | 26 | | information that, if disclosed, would
jeopardize the |
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| 1 | | security of the system or its data or the security of
| 2 | | materials exempt under this Section.
| 3 | | (p) Records relating to collective negotiating matters
| 4 | | between public bodies and their employees or | 5 | | representatives, except that
any final contract or | 6 | | agreement shall be subject to inspection and copying.
| 7 | | (q) Test questions, scoring keys, and other | 8 | | examination data used to determine the qualifications of | 9 | | an applicant for a license or employment.
| 10 | | (r) The records, documents, and information relating | 11 | | to real estate
purchase negotiations until those | 12 | | negotiations have been completed or
otherwise terminated. | 13 | | With regard to a parcel involved in a pending or
actually | 14 | | and reasonably contemplated eminent domain proceeding | 15 | | under the Eminent Domain Act, records, documents, and
| 16 | | information relating to that parcel shall be exempt except | 17 | | as may be
allowed under discovery rules adopted by the | 18 | | Illinois Supreme Court. The
records, documents, and | 19 | | information relating to a real estate sale shall be
exempt | 20 | | until a sale is consummated.
| 21 | | (s) Any and all proprietary information and records | 22 | | related to the
operation of an intergovernmental risk | 23 | | management association or
self-insurance pool or jointly | 24 | | self-administered health and accident
cooperative or pool.
| 25 | | Insurance or self-insurance self insurance (including any | 26 | | intergovernmental risk management association or |
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| 1 | | self-insurance self insurance pool) claims, loss or risk | 2 | | management information, records, data, advice , or | 3 | | communications.
| 4 | | (t) Information contained in or related to | 5 | | examination, operating, or
condition reports prepared by, | 6 | | on behalf of, or for the use of a public
body responsible | 7 | | for the regulation or supervision of financial
| 8 | | institutions, insurance companies, or pharmacy benefit | 9 | | managers, unless disclosure is otherwise
required by State | 10 | | law.
| 11 | | (u) Information that would disclose
or might lead to | 12 | | the disclosure of
secret or confidential information, | 13 | | codes, algorithms, programs, or private
keys intended to | 14 | | be used to create electronic signatures under the Uniform | 15 | | Electronic Transactions Act.
| 16 | | (v) Vulnerability assessments, security measures, and | 17 | | response policies
or plans that are designed to identify, | 18 | | prevent, or respond to potential
attacks upon a | 19 | | community's population or systems, facilities, or | 20 | | installations, but only to the extent that
disclosure | 21 | | could reasonably be expected to expose the vulnerability | 22 | | or jeopardize the effectiveness of the
measures, policies, | 23 | | or plans, or the safety of the personnel who implement | 24 | | them or the public.
Information exempt under this item may | 25 | | include such things as details
pertaining to the | 26 | | mobilization or deployment of personnel or equipment, to |
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| 1 | | the
operation of communication systems or protocols, to | 2 | | cybersecurity vulnerabilities, or to tactical operations.
| 3 | | (w) (Blank). | 4 | | (x) Maps and other records regarding the location or | 5 | | security of generation, transmission, distribution, | 6 | | storage, gathering,
treatment, or switching facilities | 7 | | owned by a utility, by a power generator, or by the | 8 | | Illinois Power Agency.
| 9 | | (y) Information contained in or related to proposals, | 10 | | bids, or negotiations related to electric power | 11 | | procurement under Section 1-75 of the Illinois Power | 12 | | Agency Act and Section 16-111.5 of the Public Utilities | 13 | | Act that is determined to be confidential and proprietary | 14 | | by the Illinois Power Agency or by the Illinois Commerce | 15 | | Commission.
| 16 | | (z) Information about students exempted from | 17 | | disclosure under Section Sections 10-20.38 or 34-18.29 of | 18 | | the School Code, and information about undergraduate | 19 | | students enrolled at an institution of higher education | 20 | | exempted from disclosure under Section 25 of the Illinois | 21 | | Credit Card Marketing Act of 2009. | 22 | | (aa) Information the disclosure of which is
exempted | 23 | | under the Viatical Settlements Act of 2009.
| 24 | | (bb) Records and information provided to a mortality | 25 | | review team and records maintained by a mortality review | 26 | | team appointed under the Department of Juvenile Justice |
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| 1 | | Mortality Review Team Act. | 2 | | (cc) Information regarding interments, entombments, or | 3 | | inurnments of human remains that are submitted to the | 4 | | Cemetery Oversight Database under the Cemetery Care Act or | 5 | | the Cemetery Oversight Act, whichever is applicable. | 6 | | (dd) Correspondence and records (i) that may not be | 7 | | disclosed under Section 11-9 of the Illinois Public Aid | 8 | | Code or (ii) that pertain to appeals under Section 11-8 of | 9 | | the Illinois Public Aid Code. | 10 | | (ee) The names, addresses, or other personal | 11 | | information of persons who are minors and are also | 12 | | participants and registrants in programs of park | 13 | | districts, forest preserve districts, conservation | 14 | | districts, recreation agencies, and special recreation | 15 | | associations. | 16 | | (ff) The names, addresses, or other personal | 17 | | information of participants and registrants in programs of | 18 | | park districts, forest preserve districts, conservation | 19 | | districts, recreation agencies, and special recreation | 20 | | associations where such programs are targeted primarily to | 21 | | minors. | 22 | | (gg) Confidential information described in Section | 23 | | 1-100 of the Illinois Independent Tax Tribunal Act of | 24 | | 2012. | 25 | | (hh) The report submitted to the State Board of | 26 | | Education by the School Security and Standards Task Force |
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| 1 | | under item (8) of subsection (d) of Section 2-3.160 of the | 2 | | School Code and any information contained in that report. | 3 | | (ii) Records requested by persons committed to or | 4 | | detained by the Department of Human Services under the | 5 | | Sexually Violent Persons Commitment Act or committed to | 6 | | the Department of Corrections under the Sexually Dangerous | 7 | | Persons Act if those materials: (i) are available in the | 8 | | library of the facility where the individual is confined; | 9 | | (ii) include records from staff members' personnel files, | 10 | | staff rosters, or other staffing assignment information; | 11 | | or (iii) are available through an administrative request | 12 | | to the Department of Human Services or the Department of | 13 | | Corrections. | 14 | | (jj) Confidential information described in Section | 15 | | 5-535 of the Civil Administrative Code of Illinois. | 16 | | (kk) The public body's credit card numbers, debit card | 17 | | numbers, bank account numbers, Federal Employer | 18 | | Identification Number, security code numbers, passwords, | 19 | | and similar account information, the disclosure of which | 20 | | could result in identity theft or impression or defrauding | 21 | | of a governmental entity or a person. | 22 | | (ll) Records concerning the work of the threat | 23 | | assessment team of a school district, including, but not | 24 | | limited to, any threat assessment procedure under the | 25 | | School Safety Drill Act and any information contained in | 26 | | the procedure. |
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| 1 | | (mm) Information prohibited from being disclosed under | 2 | | subsections (a) and (b) of Section 15 of the Student | 3 | | Confidential Reporting Act. | 4 | | (nn) (mm) Proprietary information submitted to the
| 5 | | Environmental Protection Agency under the Drug Take-Back
| 6 | | Act. | 7 | | (oo) (mm) Records described in subsection (f) of | 8 | | Section 3-5-1 of the Unified Code of Corrections. | 9 | | (pp) For a request directed to a public body that is | 10 | | also a HIPAA-covered entity, all information that is | 11 | | protected health information, including demographic | 12 | | information, that may be contained within or extracted | 13 | | from any record held by the public body in compliance with | 14 | | State and federal medical privacy laws and regulations, | 15 | | including, but not limited to, the Health Insurance | 16 | | Portability and Accountability Act and its regulations, 45 | 17 | | CFR Parts 160 and 164. As used in this paragraph, | 18 | | "HIPAA-covered entity" has the meaning given to the term | 19 | | "covered entity" in 45 CFR 160.103 and "protected health | 20 | | information" has the meaning given to that term in 45 CFR | 21 | | 160.103. | 22 | | (1.5) Any information exempt from disclosure under the | 23 | | Judicial Privacy Act shall be redacted from public records | 24 | | prior to disclosure under this Act. | 25 | | (2) A public record that is not in the possession of a | 26 | | public body but is in the possession of a party with whom the |
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| 1 | | agency has contracted to perform a governmental function on | 2 | | behalf of the public body, and that directly relates to the | 3 | | governmental function and is not otherwise exempt under this | 4 | | Act, shall be considered a public record of the public body, | 5 | | for purposes of this Act. | 6 | | (3) This Section does not authorize withholding of | 7 | | information or limit the
availability of records to the | 8 | | public, except as stated in this Section or
otherwise provided | 9 | | in this Act.
| 10 | | (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; | 11 | | 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | 12 | | 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752, | 13 | | eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23; | 14 | | 102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff. | 15 | | 6-10-22; revised 12-13-22.)
| 16 | | Section 95. No acceleration or delay. Where this Act makes | 17 | | changes in a statute that is represented in this Act by text | 18 | | that is not yet or no longer in effect (for example, a Section | 19 | | represented by multiple versions), the use of that text does | 20 | | not accelerate or delay the taking effect of (i) the changes | 21 | | made by this Act or (ii) provisions derived from any other | 22 | | Public Act.".
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