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| Public Act 095-0040 |
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AN ACT concerning libraries.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Library Records Confidentiality Act is | ||||
amended by changing Section 1 as follows:
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(75 ILCS 70/1) (from Ch. 81, par. 1201)
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Sec. 1. (a) The registration and circulation records of a | ||||
library
are confidential information. Except pursuant to a | ||||
court order, No person
shall publish or make any information | ||||
contained in such records available to the public unless: | ||||
(1) required to do so under a court order; or | ||||
(2) the information is requested by a sworn law | ||||
enforcement officer who represents that it is impractical | ||||
to secure a court order as a result of an emergency where | ||||
the law enforcement officer has probable cause to believe | ||||
that there is an imminent danger of physical harm. The | ||||
information requested must be limited to identifying a | ||||
suspect, witness, or victim of a crime. The information | ||||
requested without a court order may not include the | ||||
disclosure of registration or circulation records that | ||||
would indicate materials borrowed, resources reviewed, or | ||||
services used at the library. If requested to do so by the | ||||
library, the requesting law enforcement officer must sign a | ||||
form acknowledging the receipt of the information. A | ||
library providing the information may seek subsequent | ||
judicial review to assess compliance with this Section. | ||
This subsection shall not alter any right to challenge the | ||
use or dissemination of patron information that is otherwise | ||
permitted by law.
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(b) This Section does not prevent a library from publishing | ||
or making
available to the public reasonable statistical | ||
reports regarding library
registration and book circulation | ||
where those reports are presented so that
no individual is | ||
identified therein.
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(b-5) Nothing in this Section shall be construed as a | ||
privacy violation or a breach of confidentiality if a library | ||
provides information to a law enforcement officer under item | ||
(2) of subsection (a).
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(c) For the purpose of this Section, (i) "library" means | ||
any public library
or library of an educational, historical or | ||
eleemosynary institution, organization
or society; (ii) | ||
"registration records" includes any information a library
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requires a person to provide in order for that person to become | ||
eligible
to borrow books and other materials and (iii) | ||
"circulation records" includes
all information identifying the | ||
individual borrowing particular
books or materials.
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(Source: P.A. 83-179.)
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