Full Text of SB2203 97th General Assembly
SB2203sam002 97TH GENERAL ASSEMBLY | Sen. David Koehler Filed: 4/11/2011
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| 1 | | AMENDMENT TO SENATE BILL 2203
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2203, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Freedom of Information Act is amended by | 6 | | changing Sections 1, 2, 3, 6, 7, and 9.5 and by adding Section | 7 | | 3.2 as follows:
| 8 | | (5 ILCS 140/1) (from Ch. 116, par. 201)
| 9 | | Sec. 1.
Pursuant to the fundamental philosophy of the | 10 | | American constitutional
form of government, it is declared to | 11 | | be the public policy of the State of
Illinois that all persons | 12 | | are entitled to full and complete information
regarding the | 13 | | affairs of government and the official acts and policies of
| 14 | | those who represent them as public officials and public | 15 | | employees consistent
with the terms of this Act. Such access is | 16 | | necessary to enable the people
to fulfill their duties of |
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| 1 | | discussing public issues fully and freely, making
informed | 2 | | political judgments and monitoring government to ensure that it
| 3 | | is being conducted in the public interest.
| 4 | | The General Assembly hereby declares that it is the public | 5 | | policy of the State of Illinois that access by all persons to | 6 | | public records promotes the transparency and accountability of | 7 | | public bodies at all levels of government. It is a fundamental | 8 | | obligation of government to operate openly and provide public | 9 | | records as expediently and efficiently as possible in | 10 | | compliance with this Act. | 11 | | This Act is not intended to cause an unwarranted invasion | 12 | | of personal privacy, nor
to allow the requests of a commercial | 13 | | enterprise to unduly burden public resources, nor to allow | 14 | | vexatious requests for records to unduly burden public | 15 | | resources, nor or to disrupt the
duly-undertaken work of any | 16 | | public body independent of the fulfillment of
any of the | 17 | | fore-mentioned rights of the people to access to information.
| 18 | | This Act is not intended to create an obligation on the | 19 | | part of any public
body to maintain or prepare any public | 20 | | record which was not maintained or
prepared by such public body | 21 | | at the time when this Act becomes effective,
except as | 22 | | otherwise required by applicable local, State or federal law.
| 23 | | Restraints on access to information, to the extent | 24 | | permitted by this Act, are limited exceptions
to the principle | 25 | | that the people of this State have a right to full disclosure | 26 | | of information relating to the decisions,
policies, |
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| 1 | | procedures, rules, standards, and other aspects of government
| 2 | | activity that affect the conduct of government and the lives of | 3 | | any or all
of the people. The provisions of this Act shall be | 4 | | construed in accordance with this principle. This Act shall be | 5 | | construed to require disclosure of requested information as | 6 | | expediently and efficiently as possible and adherence to the | 7 | | deadlines established in this Act.
| 8 | | The General Assembly recognizes that this Act imposes | 9 | | fiscal obligations on public bodies to provide adequate staff | 10 | | and equipment to comply with its requirements. The General | 11 | | Assembly declares that providing records in compliance with the | 12 | | requirements of this Act is a primary duty of public bodies to | 13 | | the people of this State, and this Act should be construed to | 14 | | this end, fiscal obligations notwithstanding. | 15 | | The General Assembly further recognizes that technology | 16 | | may advance at a rate that outpaces its ability to address | 17 | | those advances legislatively. To the extent that this Act may | 18 | | not expressly apply to those technological advances, this Act | 19 | | should nonetheless be interpreted to further the declared | 20 | | policy of this Act that public records shall be made available | 21 | | upon request except when denial of access furthers the public | 22 | | policy underlying a specific exemption. | 23 | | This Act shall be the exclusive State statute on freedom of | 24 | | information,
except to the extent that other State statutes | 25 | | might create additional restrictions
on disclosure of | 26 | | information or other laws in Illinois might create additional
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| 1 | | obligations for disclosure of information to the public.
| 2 | | (Source: P.A. 96-542, eff. 1-1-10.)
| 3 | | (5 ILCS 140/2) (from Ch. 116, par. 202)
| 4 | | Sec. 2. Definitions. As used in this Act:
| 5 | | (a) "Public body" means all legislative,
executive, | 6 | | administrative, or advisory bodies of the State, state | 7 | | universities
and colleges, counties, townships, cities, | 8 | | villages, incorporated towns,
school districts and all other | 9 | | municipal corporations,
boards, bureaus, committees, or | 10 | | commissions of this State, any
subsidiary
bodies of any of the | 11 | | foregoing including but not limited to committees and
| 12 | | subcommittees thereof, and a School Finance Authority created | 13 | | under
Article 1E of the School Code.
"Public body" does not | 14 | | include a child death review team
or the Illinois Child Death | 15 | | Review Teams
Executive Council
established under
the Child | 16 | | Death Review Team Act.
| 17 | | (b) "Person" means any individual, corporation, | 18 | | partnership, firm,
organization
or association, acting | 19 | | individually or as a group.
| 20 | | (c) "Public records" means all records, reports, forms, | 21 | | writings, letters,
memoranda, books, papers, maps, | 22 | | photographs, microfilms, cards, tapes,
recordings,
electronic | 23 | | data processing records, electronic communications, recorded | 24 | | information and all other
documentary
materials pertaining to | 25 | | the transaction of public business, regardless of physical form |
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| 1 | | or characteristics, having been
prepared by or for, or having | 2 | | been or being used by, received by, in the possession of, or | 3 | | under the
control
of
any public body. Communications and | 4 | | materials exchanged between a lobbyist and a public body that | 5 | | concern either lobbying performed on behalf of the public body | 6 | | by the lobbyist or the expenditure of public moneys for goods | 7 | | or services provided on behalf of the public body by the | 8 | | lobbyist are public records and are not exempt from inspection | 9 | | and copying unless exempt under Section 7. | 10 | | (c-5) "Private information" means unique identifiers, | 11 | | including a person's social security number, driver's license | 12 | | number, employee identification number, biometric identifiers, | 13 | | personal financial information, passwords or other access | 14 | | codes, medical records or information (such as treatment | 15 | | histories, descriptions of injuries, information regarding the | 16 | | hospital to which an injured person is taken, insurance policy | 17 | | numbers, and pregnancy status) , home or personal telephone | 18 | | numbers , dates of birth, the names of applicants for public | 19 | | employment, completed applications for public employment , and | 20 | | personal email addresses. Private information also includes | 21 | | home address and personal license plates, except as otherwise | 22 | | provided by law or when compiled without possibility of | 23 | | attribution to any person. | 24 | | (c-10) "Commercial purpose" means the purpose or intent to | 25 | | use of any part of a public record or records, or information | 26 | | derived from public records, in any form for sale, resale, or |
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| 1 | | solicitation or advertisement for sales or services or to | 2 | | otherwise further a commercial, trade, or profit interest or | 3 | | enterprise, as those terms are commonly understood . For | 4 | | purposes of this definition, requests made by news media and | 5 | | non-profit, scientific, or academic organizations shall not be | 6 | | considered to be made for a "commercial purpose" when the | 7 | | principal purpose of the request is (i) to access and | 8 | | disseminate information concerning news and current or passing | 9 | | events, (ii) for articles of opinion or features of interest to | 10 | | the public, or (iii) for the purpose of academic, scientific, | 11 | | or public research or education. For purposes of this | 12 | | definition, requests made by a member or employee of a public | 13 | | body to either the public body of which the person is a member | 14 | | or employee or to another public body shall not be considered | 15 | | to be made for a commercial purpose if the information will be | 16 | | used by that person in his or her official capacity or as part | 17 | | of his or her employment.
| 18 | | (d) "Copying" means the reproduction of any public record | 19 | | by means of any
photographic, electronic, mechanical or other | 20 | | process, device or means now known or hereafter developed and | 21 | | available to the public body.
| 22 | | (e) "Head of the public body" means the president, mayor, | 23 | | chairman,
presiding
officer, director, superintendent, | 24 | | manager, supervisor or individual otherwise
holding primary | 25 | | executive and administrative authority for the public
body, or | 26 | | such person's duly authorized designee.
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| 1 | | (f) "News media" means a newspaper or other periodical | 2 | | issued at regular
intervals whether in print or electronic | 3 | | format, a news service whether
in print or electronic format, a | 4 | | radio
station, a television station, a television network, a | 5 | | community
antenna television service, or a person or | 6 | | corporation engaged in making news
reels or other motion | 7 | | picture news for public showing.
| 8 | | (g) "Vexatious request for records" means a request for | 9 | | records that is made by a person who, in the 12 months | 10 | | immediately preceding the request, has submitted to the same | 11 | | public body (i) a minimum of 48 requests for records, (ii) a | 12 | | minimum of 10 requests for records within a 30-day period, | 13 | | (iii) a minimum of 5 requests for records within a 7-day | 14 | | period, (iv) one or more requests for records that required a | 15 | | response by the public body consisting of at least 1,500 pages | 16 | | in the aggregate, or (v) one or more requests for records that | 17 | | have sought a minimum of 20 different categories of records. | 18 | | For the purposes of this definition, a request made by news | 19 | | media shall not be considered a vexatious request for records | 20 | | when the principal purpose of the request is (i) to access and | 21 | | disseminate information concerning news and current or passing | 22 | | events or (ii) for articles of opinion or features of interest | 23 | | to the public. | 24 | | (h) "Business day" means any calendar day except a | 25 | | Saturday, Sunday, or legal holiday. For public bodies that are | 26 | | organized or established pursuant to the School Code, "business |
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| 1 | | day" does not include any non-pupil attendance days between the | 2 | | opening and closing of the school term specified in the | 3 | | calendar established in accordance with Section 10-19 of the | 4 | | School Code. | 5 | | (Source: P.A. 96-261, eff. 1-1-10; 96-542, eff. 1-1-10; | 6 | | 96-1000, eff. 7-2-10.)
| 7 | | (5 ILCS 140/3) (from Ch. 116, par. 203)
| 8 | | Sec. 3. Inspection or copying of public records; no | 9 | | exclusive right to access and dissemination; request | 10 | | procedure. | 11 | | (a) Each public body shall make available to any person for
| 12 | | inspection or copying all public records, except as otherwise | 13 | | provided in
Section 7 of this Act.
Notwithstanding any other | 14 | | law, a public body may not grant to any person
or entity, | 15 | | whether by contract, license, or otherwise, the exclusive right | 16 | | to
access and disseminate any public record as defined in this | 17 | | Act.
| 18 | | (b) Subject to the fee provisions of Section 6 of this Act, | 19 | | each public
body shall promptly provide, to any person who | 20 | | submits a request,
a copy of any public record required to be | 21 | | disclosed
by subsection (a) of this Section and shall certify | 22 | | such copy if so requested.
| 23 | | (c) Requests for inspection or copies shall be made in | 24 | | writing and directed to the public body. Written requests may | 25 | | be submitted to a public body via personal delivery, mail, |
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| 1 | | telefax, or other means available to the public body. A public | 2 | | body may honor oral requests for inspection or copying. A | 3 | | public body may not require that a request be submitted on a | 4 | | standard form or require the requester to specify the purpose | 5 | | for a request, except to determine whether the records are | 6 | | requested for a commercial purpose or whether to grant a | 7 | | request for a fee waiver. All requests for inspection and | 8 | | copying received by a public body shall immediately be | 9 | | forwarded to its Freedom of Information officer or designee. | 10 | | (d) Each public body shall, promptly, either comply with or | 11 | | deny a
request for public records within 5 business days after | 12 | | its receipt of the request, unless the time for response is | 13 | | properly extended under subsection (e) of this Section. Denial
| 14 | | shall be in writing as provided in Section 9 of this Act. | 15 | | Failure to comply with
a written request, extend the time for | 16 | | response, or deny a request within 5 business days after its | 17 | | receipt shall be considered a
denial of the request. A public | 18 | | body that fails to respond to a request within the requisite | 19 | | periods in this Section but thereafter provides the requester | 20 | | with copies of the requested public records may not impose a | 21 | | fee for such copies. A public body that fails to respond to a | 22 | | request received may not treat the request as unduly burdensome | 23 | | under subsection (g).
| 24 | | (e) The time for response under this Section may be
| 25 | | extended by the public body for not more than 5 business days | 26 | | from the original due date for any
of the following reasons:
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| 1 | | (i) the requested records are stored in whole or in | 2 | | part at other
locations
than the office having charge of | 3 | | the requested records;
| 4 | | (ii) the request requires the collection of a | 5 | | substantial number of
specified records;
| 6 | | (iii) the request is couched in categorical terms and | 7 | | requires an
extensive
search for the records responsive to | 8 | | it;
| 9 | | (iv) the requested records have not been located in the | 10 | | course of routine
search and additional efforts are being | 11 | | made to locate them;
| 12 | | (v) the requested records require examination and | 13 | | evaluation by personnel
having the necessary competence | 14 | | and discretion to determine if they are
exempt from | 15 | | disclosure under Section 7 of this Act or should be | 16 | | revealed
only with appropriate deletions;
| 17 | | (vi) the request for records cannot be complied with by | 18 | | the public body
within the time limits prescribed by | 19 | | paragraph (c) of this Section without
unduly burdening or | 20 | | interfering with the operations of the public body;
| 21 | | (vii) there is a need for consultation, which shall be | 22 | | conducted with all
practicable speed, with another public | 23 | | body or among two or more components
of a public body | 24 | | having a substantial interest in the determination or in
| 25 | | the subject matter of the request.
| 26 | | The person making a request and the public body may agree |
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| 1 | | in writing to extend the time for compliance for a period to be | 2 | | determined by the parties. If the requester and the public body | 3 | | agree to extend the period for compliance, a failure by the | 4 | | public body to comply with any previous deadlines shall not be | 5 | | treated as a denial of the request for the records. | 6 | | (f) When additional time is required for any of the above | 7 | | reasons, the
public body shall, within 5 business days after | 8 | | receipt of the request, notify the person making the request of | 9 | | the reasons
for the extension and the date by which the | 10 | | response will be forthcoming. Failure to respond within the | 11 | | time permitted for extension shall be considered a denial of | 12 | | the request. A public body that fails to respond to a request | 13 | | within the time permitted for extension but thereafter provides | 14 | | the requester with copies of the requested public records may | 15 | | not impose a fee for those copies. A public body that requests | 16 | | an extension and subsequently fails to respond to the request | 17 | | may not treat the request as unduly burdensome under subsection | 18 | | (g).
| 19 | | (g) Requests calling for all records falling within a | 20 | | category shall be
complied with unless compliance with the | 21 | | request would be unduly burdensome
for the complying public | 22 | | body and there is no way to narrow the request and the
burden | 23 | | on the public body outweighs the public interest in the | 24 | | information.
Before invoking this exemption, the public body | 25 | | shall extend to the person
making the request an opportunity to | 26 | | confer with it in an attempt to reduce
the request to |
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| 1 | | manageable proportions. If any body responds to a categorical
| 2 | | request by stating that compliance would unduly burden its | 3 | | operation and
the conditions described above are met, it shall | 4 | | do so in writing, specifying
the reasons why it would be unduly | 5 | | burdensome and the extent to which compliance
will so burden | 6 | | the operations of the public body. Such a response shall
be | 7 | | treated as a denial of the
request for information. | 8 | | Repeated requests from the same person for the same records | 9 | | that are unchanged or identical to records previously provided | 10 | | or properly denied under this Act shall be deemed unduly | 11 | | burdensome under this provision.
| 12 | | (h) Each public body may promulgate rules and regulations | 13 | | in conformity
with the provisions of this Section pertaining to | 14 | | the availability of records
and procedures to be followed, | 15 | | including:
| 16 | | (i) the times and places where such records will be | 17 | | made available, and
| 18 | | (ii) the persons from whom such records may be | 19 | | obtained.
| 20 | | (i) The time periods for compliance or denial of a request | 21 | | to inspect or copy records set out in this Section shall not | 22 | | apply to requests for records made for a commercial purpose. | 23 | | Such requests shall be subject to the provisions of Section 3.1 | 24 | | of this Act. | 25 | | (j) Notwithstanding any provision of this Act to the | 26 | | contrary, if a public body receives a request from a person who |
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| 1 | | is incarcerated in a State correctional institution, it may | 2 | | forward the request to the Freedom of Information officer for | 3 | | the Illinois Department of Corrections within 5 business days | 4 | | after receipt of the request. The Freedom of Information | 5 | | officer for the Illinois Department of Corrections shall | 6 | | attempt to locate all public records that are responsive to the | 7 | | request and shall forward those public records to the requester | 8 | | within 5 business days after he or she receives the request. If | 9 | | the Freedom of Information officer for the Illinois Department | 10 | | of Corrections is unable to locate all public records that are | 11 | | responsive to a request, he or she shall submit a request for | 12 | | any outstanding public records to the public body that is in | 13 | | possession or control of those public records within 10 | 14 | | business days after the Freedom of Information officer for the | 15 | | Illinois Department of Corrections is forwarded a request from | 16 | | another public body. Upon receipt of the forwarded request the | 17 | | public body shall respond within the time limits otherwise set | 18 | | forth in this Act. | 19 | | (Source: P.A. 96-542, eff. 1-1-10.)
| 20 | | (5 ILCS 140/3.2 new) | 21 | | Sec. 3.2. Vexatious request for records. | 22 | | (a) Notwithstanding any provision to the contrary, a public | 23 | | body shall respond to a vexatious request for records within 21 | 24 | | working days after receipt. The response shall (i) provide to | 25 | | the requester an estimate of the time required by the public |
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| 1 | | body to provide the records requested and an estimate of the | 2 | | fees to be charged, which the public body may require the | 3 | | person to pay in full before copying the requested documents, | 4 | | (ii) deny the request pursuant to one or more of the exemptions | 5 | | set out in this Act, (iii) notify the requester that the | 6 | | request is unduly burdensome and extend an opportunity to the | 7 | | requester to attempt to reduce the request to manageable | 8 | | proportions, or (iv) provide the records requested. | 9 | | (b) Within 5 working days after receiving a vexatious | 10 | | request for records, the public body shall notify the requester | 11 | | (i) that the public body is treating the request as a vexatious | 12 | | request for records, (ii) of the reasons why the public body is | 13 | | treating the request as a vexatious request for records, and | 14 | | (iii) that the public body will send an initial response within | 15 | | 21 working days after receipt in accordance with subsection (a) | 16 | | of this Section. The public body shall also notify the | 17 | | requester of the proposed responses that can be asserted | 18 | | pursuant to subsection (a) of this Section. | 19 | | (c) Unless the records are exempt from disclosure, a public | 20 | | body shall comply with a request within a reasonable period | 21 | | considering the size and complexity of the request, and | 22 | | prioritizing non-commercial or commercial requests for records | 23 | | over vexatious requests for records. | 24 | | (d) The Public Access Counselor shall adopt by | 25 | | administrative rule procedures to create and maintain a log for | 26 | | public bodies that are governed by subsection (a) of Section |
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| 1 | | 9.5 of this Act to use for tracking vexatious requests for | 2 | | records. The log shall track all requests submitted by a person | 3 | | who has filed a vexatious request for records within the | 4 | | 12-month period described in the definition of "vexatious | 5 | | request for records" in Section 2 of this Act. Upon receiving a | 6 | | vexatious request for records, a public body shall promptly | 7 | | send to the Public Access Counselor any information that is | 8 | | necessary to complete an entry in the log.
| 9 | | (5 ILCS 140/6) (from Ch. 116, par. 206)
| 10 | | Sec. 6. Authority to charge fees.
| 11 | | (a) When a person requests a copy of a record maintained in | 12 | | an electronic format, the public body shall furnish it in the | 13 | | electronic format specified by the requester, if feasible. If | 14 | | it is not feasible to furnish the public records in the | 15 | | specified electronic format, then the public body shall furnish | 16 | | it in the format in which it is maintained by the public body, | 17 | | or in paper format at the option of the requester. A public | 18 | | body may charge the requester for the actual cost of purchasing | 19 | | the recording medium, whether disc, diskette, tape, or other | 20 | | medium. A public body may not charge the requester for the | 21 | | costs of any search for and review of the records or other | 22 | | personnel costs associated with reproducing the records only as | 23 | | permitted in subsection (f) of this Section . Except to the | 24 | | extent that the General Assembly expressly provides, statutory | 25 | | fees applicable to copies of public records when furnished in a |
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| 1 | | paper format shall not be applicable to those records when | 2 | | furnished in an electronic format. | 3 | | (b) Except when a fee is otherwise fixed by statute, each | 4 | | public body may charge fees
reasonably
calculated to
reimburse
| 5 | | its actual cost for reproducing and certifying public records | 6 | | and for the
use, by any person, of the equipment of the public | 7 | | body to copy records. No fees shall be charged for the first 50 | 8 | | pages of black and white, letter or legal sized copies | 9 | | requested by a requester. The fee for black and white, letter | 10 | | or legal sized copies shall not exceed 15 cents per page. If a | 11 | | public body provides copies in color or in a size other than | 12 | | letter or legal, the public body may not charge more than its | 13 | | actual cost for reproducing the records.
In calculating its | 14 | | actual cost for reproducing records or for the use of the | 15 | | equipment of the public body to reproduce records, a public | 16 | | body shall not include the costs of any search for and review | 17 | | of the records or other personnel costs associated with | 18 | | reproducing the records except as provided in subsection (f) of | 19 | | this Section . Such fees shall be imposed
according to a | 20 | | standard scale of fees, established and made public by the
body | 21 | | imposing them. The cost for certifying a record shall not | 22 | | exceed $1.
| 23 | | (c) Documents shall be furnished without charge or at a | 24 | | reduced
charge, as determined by the public body, if the person | 25 | | requesting the
documents states the specific purpose for the | 26 | | request and indicates that a
waiver or reduction of the fee is |
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| 1 | | in the public interest. Waiver or
reduction of the fee is in | 2 | | the public interest if the principal purpose of
the request is | 3 | | to access and disseminate information regarding the health,
| 4 | | safety and welfare or the legal rights of the general public | 5 | | and is not for
the principal purpose of personal or commercial | 6 | | benefit.
For purposes of this subsection, "commercial benefit" | 7 | | shall not apply to
requests
made by news media when the | 8 | | principal purpose of the request is to access and
disseminate | 9 | | information regarding the health, safety, and welfare or the | 10 | | legal
rights of the general public.
In setting the
amount of | 11 | | the waiver or reduction, the public body may take into
| 12 | | consideration the amount of materials requested and the cost of | 13 | | copying
them.
| 14 | | (d) The imposition of a fee not consistent with subsections
| 15 | | (6)(a) and (b) of this Act constitutes a denial of access to | 16 | | public
records for the purposes of judicial review.
| 17 | | (e) The fee for each abstract of a driver's record shall be | 18 | | as provided
in Section 6-118 of "The Illinois Vehicle Code", | 19 | | approved September 29,
1969, as amended, whether furnished as a | 20 | | paper copy or as an electronic copy.
| 21 | | (f) A public body may charge up to $25 for each hour spent | 22 | | by personnel in searching for and retrieving a requested | 23 | | record. No fees shall be charged for the first 2 hours spent by | 24 | | personnel in searching for or retrieving a requested record, | 25 | | unless the request is made for a commercial purpose, in which | 26 | | case fees may be charged for the first 2 hours. |
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| 1 | | A public body may charge the actual cost of retrieving and | 2 | | transporting public records from an off-site storage facility | 3 | | when the public records are maintained by a third-party storage | 4 | | company under contract with the public body. If a public body | 5 | | imposes a fee pursuant to this subsection (f), it must provide | 6 | | the requester with an accounting of all fees, costs, and | 7 | | personnel hours in connection with the request for public | 8 | | records. | 9 | | (g) When a public body determines or estimates that fees to | 10 | | be charged under this Section will amount to more than $100, | 11 | | the public body shall notify the requester of the actual or | 12 | | estimated amount of the fees, unless the requester has | 13 | | indicated a willingness to pay fees as high as those | 14 | | anticipated. If the public body is able to estimate only a | 15 | | portion of the expected fee, the public body shall advise the | 16 | | requester that the estimated fee may be only a portion of the | 17 | | total fee. If a public body notifies a requester that the | 18 | | actual or estimated fees will exceed $100 and requests advance | 19 | | payment or deposit of a specific amount by the requester, the | 20 | | public body does not have to expend additional resources on the | 21 | | request until the requester makes an advance payment or deposit | 22 | | of the specific amount. | 23 | | (h) Notwithstanding any provision of this Section to the | 24 | | contrary, no fees shall be imposed on the person making the | 25 | | request if (i) he or she is a member or employee of a public | 26 | | body and (ii) he or she intends to use the requested |
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| 1 | | information in his or her official capacity or as part of his | 2 | | or her employment. | 3 | | (i) If a requester has previously failed to pay a properly | 4 | | charged fee to the public body within 30 days after the date of | 5 | | billing, the public body may require the requester to pay the | 6 | | full amount due and to make an advance payment of the full | 7 | | amount of any anticipated fee before the public body begins to | 8 | | process a new request or continues to process a pending request | 9 | | from that requester. | 10 | | (j) If a public body reasonably believes that a requester | 11 | | or group of requesters acting together is attempting to divide | 12 | | a request into multiple series of requests for the purpose of | 13 | | avoiding fees, the public body may aggregate those requests and | 14 | | charge accordingly, provided that the public body notifies the | 15 | | requester or requesters before taking that action. | 16 | | (Source: P.A. 96-542, eff. 1-1-10; 96-1000, eff. 7-2-10.)
| 17 | | (5 ILCS 140/7) (from Ch. 116, par. 207) | 18 | | Sec. 7. Exemptions.
| 19 | | (1) When a request is made to inspect or copy a public | 20 | | record that contains information that is exempt from disclosure | 21 | | under this Section, but also contains information that is not | 22 | | exempt from disclosure, the public body may elect to redact the | 23 | | information that is exempt. The public body shall make the | 24 | | remaining information available for inspection and copying. | 25 | | Subject to this requirement, the following shall be exempt from |
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| 1 | | inspection and copying:
| 2 | | (a) Information specifically prohibited from | 3 | | disclosure by federal or
State law or rules and regulations | 4 | | implementing federal or State law.
| 5 | | (b) Private information, unless disclosure is required | 6 | | by another provision of this Act, a State or federal law or | 7 | | a court order. | 8 | | (b-5) Files, documents, and other data or databases | 9 | | maintained by one or more law enforcement agencies and | 10 | | specifically designed to provide information to one or more | 11 | | law enforcement agencies regarding the physical or mental | 12 | | status of one or more individual subjects. | 13 | | (c) Personal information contained within public | 14 | | records, the disclosure of which would constitute a clearly
| 15 | | unwarranted invasion of personal privacy, unless the | 16 | | disclosure is
consented to in writing by the individual | 17 | | subjects of the information. | 18 | | "Unwarranted invasion of personal privacy" means the | 19 | | disclosure of information that is highly personal or | 20 | | objectionable to a reasonable person and in which the subject's | 21 | | right to privacy outweighs any legitimate public interest in | 22 | | obtaining the information. The
disclosure of information that | 23 | | bears on the public duties of public
employees and officials | 24 | | shall not be considered an invasion of personal
privacy.
| 25 | | (d) Records in the possession of any public body | 26 | | created in the course of administrative enforcement
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| 1 | | proceedings, and any law enforcement or correctional | 2 | | agency for
law enforcement purposes,
but only to the extent | 3 | | that disclosure would:
| 4 | | (i) interfere with pending or actually and | 5 | | reasonably contemplated
law enforcement proceedings | 6 | | conducted by any law enforcement or correctional
| 7 | | agency that is the recipient of the request ;
| 8 | | (ii) interfere with active administrative | 9 | | enforcement proceedings
conducted by any the public | 10 | | body that is the recipient of the request ;
| 11 | | (iii) create a substantial likelihood that a | 12 | | person will be deprived of a fair trial or an impartial | 13 | | hearing;
| 14 | | (iv) unavoidably disclose the identity of a | 15 | | confidential source, confidential information | 16 | | furnished only by the confidential source, or persons | 17 | | who file complaints with or provide information to | 18 | | administrative, investigative, law enforcement, or | 19 | | penal agencies; except that the identities of | 20 | | witnesses to traffic accidents, traffic accident | 21 | | reports, and rescue reports shall be provided by | 22 | | agencies of local government, except when disclosure | 23 | | would interfere with an active criminal investigation | 24 | | conducted by the agency that is the recipient of the | 25 | | request ;
| 26 | | (v) disclose unique or specialized investigative |
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| 1 | | techniques other than
those generally used and known or | 2 | | disclose internal documents of
correctional agencies | 3 | | related to detection, observation , or investigation of
| 4 | | incidents of crime or misconduct , and disclosure would | 5 | | result in demonstrable harm to the agency or public | 6 | | body that is the recipient of the 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 | | For the purposes of this paragraph (d), if the recipient of | 12 | | the request for records is other than (i) the public body that | 13 | | is contemplating or conducting the administrative enforcement | 14 | | proceeding or investigation or (ii) the law enforcement or | 15 | | correctional agency that is contemplating or conducting the law | 16 | | enforcement proceeding or investigation, then the original | 17 | | recipient of the request shall transmit the request to the | 18 | | Freedom of Information officer of the public body that is | 19 | | contemplating or conducting the proceeding or investigation | 20 | | within 2 business days after the receipt of the request. The | 21 | | original recipient of the request shall notify the requester | 22 | | that the request for records was transmitted to another public | 23 | | body and shall identify the public body to which the request | 24 | | was forwarded. Upon receipt of the forwarded request, the | 25 | | public body shall respond to the request within the time limits | 26 | | otherwise set forth in this Act. |
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| 1 | | (e) Records that relate to or affect the security of | 2 | | correctional
institutions and detention facilities.
| 3 | | (f) Preliminary drafts, notes, recommendations, | 4 | | memoranda and any other
records in which opinions are | 5 | | expressed, or policies or actions are
formulated, except | 6 | | that a specific record or relevant portion of a
record | 7 | | shall not be exempt when the record is publicly cited
and | 8 | | identified by the head of the public body. The exemption | 9 | | provided in
this paragraph (f) extends to all those records | 10 | | of officers and agencies
of the General Assembly that | 11 | | pertain to the preparation of legislative
documents.
| 12 | | (g) Trade secrets and commercial or financial | 13 | | information obtained from
a person or business where the | 14 | | trade secrets or commercial or financial information are | 15 | | furnished under a claim that they are
proprietary, | 16 | | privileged or confidential, and that disclosure of the | 17 | | trade
secrets or commercial or financial information would | 18 | | cause competitive harm to the person or business, and only | 19 | | insofar as the claim directly applies to the records | 20 | | requested. | 21 | | The information included under this exemption includes | 22 | | all trade secrets and commercial or financial information | 23 | | obtained by a public body, including a public pension fund, | 24 | | from a private equity fund or a privately held company | 25 | | within the investment portfolio of a private equity fund as | 26 | | a result of either investing or evaluating a potential |
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| 1 | | investment of public funds in a private equity fund. The | 2 | | exemption contained in this item does not apply to the | 3 | | aggregate financial performance information of a private | 4 | | equity fund, nor to the identity of the fund's managers or | 5 | | general partners. The exemption contained in this item does | 6 | | not apply to the identity of a privately held company | 7 | | within the investment portfolio of a private equity fund, | 8 | | unless the disclosure of the identity of a privately held | 9 | | company may cause competitive harm. | 10 | | Nothing contained in this
paragraph (g) shall be | 11 | | construed to prevent a person or business from
consenting | 12 | | to disclosure.
| 13 | | (h) Proposals and bids for any contract, grant, or | 14 | | agreement, including
information which if it were | 15 | | disclosed would frustrate procurement or give
an advantage | 16 | | to any person proposing to enter into a contractor | 17 | | agreement
with the body, until an award or final selection | 18 | | is made. Information
prepared by or for the body in | 19 | | preparation of a bid solicitation shall be
exempt until an | 20 | | award or final selection is made.
| 21 | | (i) Valuable formulae,
computer geographic systems,
| 22 | | designs, drawings and research data obtained or
produced by | 23 | | any public body when disclosure could reasonably be | 24 | | expected to
produce private gain or public loss.
The | 25 | | exemption for "computer geographic systems" provided in | 26 | | this paragraph
(i) does not extend to requests made by news |
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| 1 | | media as defined in Section 2 of
this Act when the | 2 | | requested information is not otherwise exempt and the only
| 3 | | purpose of the request is to access and disseminate | 4 | | information regarding the
health, safety, welfare, or | 5 | | legal rights of the general public.
| 6 | | (j) The following information pertaining to | 7 | | educational matters: | 8 | | (i) test questions, scoring keys and other | 9 | | examination data used to
administer an academic | 10 | | examination;
| 11 | | (ii) information received by a primary or | 12 | | secondary school, college, or university under its | 13 | | procedures for the evaluation of faculty members by | 14 | | their academic peers; | 15 | | (iii) information concerning a school or | 16 | | university's adjudication of student disciplinary | 17 | | cases, but only to the extent that disclosure would | 18 | | unavoidably reveal the identity of the student; and | 19 | | (iv) course materials or research materials used | 20 | | by faculty members. | 21 | | (k) Architects' plans, engineers' technical | 22 | | submissions, and
other
construction related technical | 23 | | documents for
projects not constructed or developed in | 24 | | whole or in part with public funds
and the same for | 25 | | projects constructed or developed with public funds, | 26 | | including but not limited to power generating and |
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| 1 | | distribution stations and other transmission and | 2 | | distribution facilities, water treatment facilities, | 3 | | airport facilities, sport stadiums, convention centers, | 4 | | and all government owned, operated, or occupied buildings, | 5 | | but
only to the extent
that disclosure would compromise | 6 | | security.
| 7 | | (l) Minutes of meetings of public bodies closed to the
| 8 | | public as provided in the Open Meetings Act until the | 9 | | public body
makes the minutes available to the public under | 10 | | Section 2.06 of the Open
Meetings Act.
| 11 | | (m) Communications between a public body and an | 12 | | attorney or auditor
representing the public body that would | 13 | | not be subject to discovery in
litigation, and materials | 14 | | prepared or compiled by or for a public body in
| 15 | | anticipation of a criminal, civil or administrative | 16 | | proceeding upon the
request of an attorney advising the | 17 | | public body, and materials prepared or
compiled with | 18 | | respect to internal audits of public bodies.
However, | 19 | | communications and materials exchanged between a lobbyist | 20 | | and a public body that concern either lobbying performed on | 21 | | behalf of the public body by the lobbyist or the | 22 | | expenditure of public moneys for goods or services provided | 23 | | on behalf of the public body by the lobbyist are public | 24 | | records and are not exempt from inspection and copying | 25 | | based solely on the lobbyist's status as an attorney or | 26 | | auditor.
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| 1 | | (n) Records relating to a public body's adjudication of | 2 | | employee grievances or disciplinary cases; however, this | 3 | | exemption shall not extend to the final outcome of cases in | 4 | | 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 an | 21 | | 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 (including any | 12 | | intergovernmental risk management association or self | 13 | | insurance pool) claims, loss or risk management | 14 | | information, records, data, advice or communications.
| 15 | | (t) Information contained in or related to | 16 | | examination, operating, or
condition reports prepared by, | 17 | | on behalf of, or for the use of a public
body responsible | 18 | | for the regulation or supervision of financial
| 19 | | institutions or insurance companies, unless disclosure is | 20 | | otherwise
required by State law.
| 21 | | (u) Information that would disclose
or might lead to | 22 | | the disclosure of
secret or confidential information, | 23 | | codes, algorithms, programs, or private
keys intended to be | 24 | | used to create electronic or digital signatures under the
| 25 | | Electronic Commerce Security Act.
| 26 | | (v) Vulnerability assessments, security measures, and |
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| 1 | | response policies
or plans that are designed to identify, | 2 | | prevent, or respond to potential
attacks upon a community's | 3 | | population or systems, facilities, or installations,
the | 4 | | destruction or contamination of which would constitute a | 5 | | clear and present
danger to the health or safety of the | 6 | | community, but only to the extent that
disclosure could | 7 | | reasonably be expected to jeopardize the effectiveness of | 8 | | the
measures or the safety of the personnel who implement | 9 | | them or the public.
Information exempt under this item may | 10 | | include such things as details
pertaining to the | 11 | | mobilization or deployment of personnel or equipment, to | 12 | | the
operation of communication systems or protocols, or to | 13 | | tactical operations.
| 14 | | (w) (Blank). | 15 | | (x) Maps and other records regarding the location or | 16 | | security of generation, transmission, distribution, | 17 | | storage, gathering,
treatment, or switching facilities | 18 | | owned by a utility, by a power generator, or by the | 19 | | Illinois Power Agency.
| 20 | | (y) Information contained in or related to proposals, | 21 | | bids, or negotiations related to electric power | 22 | | procurement under Section 1-75 of the Illinois Power Agency | 23 | | Act and Section 16-111.5 of the Public Utilities Act that | 24 | | is determined to be confidential and proprietary by the | 25 | | Illinois Power Agency or by the Illinois Commerce | 26 | | Commission.
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| 1 | | (z) Information about students exempted from | 2 | | disclosure under Sections 10-20.38 or 34-18.29 of the | 3 | | School Code, and information about undergraduate students | 4 | | enrolled at an institution of higher education exempted | 5 | | from disclosure under Section 25 of the Illinois Credit | 6 | | Card Marketing Act of 2009. | 7 | | (aa) Information the disclosure of which is
exempted | 8 | | under the Viatical Settlements Act of 2009.
| 9 | | (bb) Records and information provided to a mortality | 10 | | review team and records maintained by a mortality review | 11 | | team appointed under the Department of Juvenile Justice | 12 | | Mortality Review Team Act. | 13 | | (cc) (bb) Information regarding interments, | 14 | | entombments, or inurnments of human remains that are | 15 | | submitted to the Cemetery Oversight Database under the | 16 | | Cemetery Care Act or the Cemetery Oversight Act, whichever | 17 | | is applicable. | 18 | | (dd) The names, addresses, or other personal | 19 | | information of participants, volunteers, and registrants | 20 | | in programs of park districts, forest preserve districts, | 21 | | conservation districts, recreation agencies, and special | 22 | | recreation associations. | 23 | | (ee) The names of subscribers to any magazine, | 24 | | newsletter, periodical, or other publication of a public | 25 | | body. | 26 | | (ff) Personally identifiable information exempted from |
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| 1 | | disclosure by subsection (g) of Section 19.1 of the Toll | 2 | | Highway Act. | 3 | | (gg) Utility bills for individual customers of a | 4 | | municipally owned or operated gas, electric, telephone, or | 5 | | water utility company. However, this exemption does not | 6 | | apply to any utility bills of a public body. | 7 | | (hh) Investigative or crime scene photographs or video | 8 | | recordings of a deceased person, a part of a deceased | 9 | | person, or any part of a person's extreme, severe, or acute | 10 | | injuries. However, that information shall be released in | 11 | | accordance with this Act to the person depicted in the | 12 | | photographs or video recordings, or if the person is | 13 | | deceased, that information shall be released to the | 14 | | person's surviving spouse, parents, adult siblings, or | 15 | | adult children. This information shall also be released to | 16 | | any public body or federal agency in furtherance of its | 17 | | official duties and pursuant to a written request to the | 18 | | public body in possession of the records. | 19 | | (2) A public record that is not in the possession of a | 20 | | public body but is in the possession of a party with whom the | 21 | | agency has contracted to perform a governmental function on | 22 | | behalf of the public body, and that directly relates to the | 23 | | governmental function and is not otherwise exempt under this | 24 | | Act, shall be considered a public record of the public body, | 25 | | for purposes of this Act. | 26 | | (3) This Section does not authorize withholding of |
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| 1 | | information or limit the
availability of records to the public, | 2 | | except as stated in this Section or
otherwise provided in this | 3 | | Act.
| 4 | | (Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07; | 5 | | 95-941, eff. 8-29-08; 95-988, eff. 6-1-09; 96-261, eff. 1-1-10; | 6 | | 96-328, eff. 8-11-09; 96-542, eff. 1-1-10; 96-558, eff. 1-1-10; | 7 | | 96-736, eff. 7-1-10; 96-863, eff. 3-1-10; 96-1378, eff. | 8 | | 7-29-10; revised 9-2-10.) | 9 | | (5 ILCS 140/9.5) | 10 | | Sec. 9.5. Public Access Counselor; opinions. | 11 | | (a) A person whose request to inspect or copy a public | 12 | | record is denied by a public body, except the General Assembly | 13 | | and committees, commissions, and agencies thereof, may file a | 14 | | request for review with the Public Access Counselor established | 15 | | in the Office of the Attorney General not later than 60 days | 16 | | after the date of the final denial. The request for review must | 17 | | be in writing, signed by the requester, and include (i) a copy | 18 | | of the request for access to records and (ii) any responses | 19 | | from the public body. | 20 | | (b) A public body that receives a request for records, and | 21 | | asserts that the records are exempt under subsection (1)(c) or | 22 | | (1)(f) of Section 7 of this Act, shall, within the time periods | 23 | | provided for responding to a request, provide written notice to | 24 | | the requester and the Public Access Counselor of its intent to | 25 | | deny the request in whole or in part. The notice shall include: |
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| 1 | | (i) a copy of the request for access to records; (ii) the | 2 | | proposed response from the public body; and (iii) a detailed | 3 | | summary of the public body's basis for asserting the exemption. | 4 | | Upon receipt of a notice of intent to deny from a public body, | 5 | | the Public Access Counselor shall determine whether further | 6 | | inquiry is warranted. Within 5 working days after receipt of | 7 | | the notice of intent to deny, the Public Access Counselor shall | 8 | | notify the public body and the requester whether further | 9 | | inquiry is warranted. If the Public Access Counselor determines | 10 | | that further inquiry is warranted, the procedures set out in | 11 | | this Section regarding the review of denials, including the | 12 | | production of documents, shall also be applicable to the | 13 | | inquiry and resolution of a notice of intent to deny from a | 14 | | public body. Times for response or compliance by the public | 15 | | body under Section 3 of this Act shall be tolled until the | 16 | | Public Access Counselor concludes his or her inquiry. | 17 | | Notwithstanding any other provision of this subsection | 18 | | (b), a public body that receives a request for records and | 19 | | asserts that those records are exempt under subsection (1)(c) | 20 | | or (1)(f) of Section 7 of this Act has no duty to provide a | 21 | | written notice of its intent not to disclose a date of birth, | 22 | | medical or health information, the names of applicants for | 23 | | public employment, or completed applications for public | 24 | | employment. | 25 | | (c) Upon receipt of a request for review, the Public Access | 26 | | Counselor shall determine whether further action is warranted. |
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| 1 | | If the Public Access Counselor determines that the alleged | 2 | | violation is unfounded, he or she shall so advise the requester | 3 | | and the public body and no further action shall be undertaken. | 4 | | In all other cases, the Public Access Counselor shall forward a | 5 | | copy of the request for review to the public body within 7 | 6 | | working days after receipt and shall specify the records or | 7 | | other documents that the public body shall furnish to | 8 | | facilitate the review. Within 7 working days after receipt of | 9 | | the request for review, the public body shall provide copies of | 10 | | records requested and shall otherwise fully cooperate with the | 11 | | Public Access Counselor. If a public body fails to furnish | 12 | | specified records pursuant to this Section, or if otherwise | 13 | | necessary, the Attorney General may issue a subpoena to any | 14 | | person or public body having knowledge of or records pertaining | 15 | | to a request for review of a denial of access to records under | 16 | | the Act. To the extent that records or documents produced by a | 17 | | public body contain information that is claimed to be exempt | 18 | | from disclosure under Section 7 of this Act, the Public Access | 19 | | Counselor shall not further disclose that information. | 20 | | (d) Within 7 working days after it receives a copy of a | 21 | | request for review and request for production of records from | 22 | | the Public Access Counselor, the public body may, but is not | 23 | | required to, answer the allegations of the request for review. | 24 | | The answer may take the form of a letter, brief, or memorandum. | 25 | | The Public Access Counselor shall forward a copy of the answer | 26 | | to the person submitting the request for review, with any |
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| 1 | | alleged confidential information to which the request pertains | 2 | | redacted from the copy. The requester may, but is not required | 3 | | to, respond in writing to the answer within 7 working days and | 4 | | shall provide a copy of the response to the public body. | 5 | | (e) In addition to the request for review, and the answer | 6 | | and the response thereto, if any, a requester or a public body | 7 | | may furnish affidavits or records concerning any matter germane | 8 | | to the review. | 9 | | (f) Unless the Public Access Counselor extends the time by | 10 | | no more than 21 business days by sending written notice to the | 11 | | requester and the public body that includes a statement of the | 12 | | reasons for the extension in the notice, or decides to address | 13 | | the matter without the issuance of a binding opinion, the | 14 | | Attorney General shall examine the issues and the records, | 15 | | shall make findings of fact and conclusions of law, and shall | 16 | | issue to the requester and the public body an opinion in | 17 | | response to the request for review within 60 days after its | 18 | | receipt. The opinion shall be binding upon both the requester | 19 | | and the public body, subject to administrative review under | 20 | | Section 11.5. | 21 | | In responding to any request under this Section 9.5, the | 22 | | Attorney General may exercise his or her discretion and choose | 23 | | to resolve a request for review by mediation or by a means | 24 | | other than the issuance of a binding opinion. The decision not | 25 | | to issue a binding opinion shall not be reviewable. | 26 | | Upon receipt of a binding opinion concluding that a |
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| 1 | | violation of this Act has occurred, the public body shall | 2 | | either take necessary action immediately to comply with the | 3 | | directive of the opinion or shall initiate administrative | 4 | | review under Section 11.5. If the opinion concludes that no | 5 | | violation of the Act has occurred, the requester may initiate | 6 | | administrative review under Section 11.5. | 7 | | A public body that discloses records in accordance with an | 8 | | opinion of the Attorney General is immune from all liabilities | 9 | | by reason thereof and shall not be liable for penalties under | 10 | | this Act. | 11 | | (g) If the requester files suit under Section 11 with | 12 | | respect to the same denial that is the subject of a pending | 13 | | request for review, the requester shall notify the Public | 14 | | Access Counselor, and the Public Access Counselor shall take no | 15 | | further action with respect to the request for review and shall | 16 | | so notify the public body. | 17 | | (h) The Attorney General may also issue advisory opinions | 18 | | to public bodies regarding compliance with this Act. A review | 19 | | may be initiated upon receipt of a written request from the | 20 | | head of the public body or its attorney, which shall contain | 21 | | sufficient accurate facts from which a determination can be | 22 | | made. The Public Access Counselor may request additional | 23 | | information from the public body in order to assist in the | 24 | | review. A public body that relies in good faith on an advisory | 25 | | opinion of the Attorney General in responding to a request is | 26 | | not liable for penalties under this Act, so long as the facts |
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| 1 | | upon which the opinion is based have been fully and fairly | 2 | | disclosed to the Public Access Counselor.
| 3 | | (Source: P.A. 96-542, eff. 1-1-10.) | 4 | | Section 10. The Toll Highway Act is amended by adding | 5 | | Section 19.1 as follows: | 6 | | (605 ILCS 10/19.1 new) | 7 | | Sec. 19.1. Confidentiality of personally identifiable | 8 | | information obtained through electronic toll collection | 9 | | system. | 10 | | (a) Except as otherwise provided in this Section, the | 11 | | Authority may not sell or otherwise provide to any person or | 12 | | entity personally identifiable information of any electronic | 13 | | toll collection system user that the Authority obtains through | 14 | | the operation of its electronic toll collection system. | 15 | | (b) The Authority may, within practical business and cost | 16 | | constraints, store personally identifiable information of an | 17 | | electronic toll collection system user only if the information | 18 | | is required to perform account functions, such as billing, | 19 | | account settlement, or toll violation enforcement activities. | 20 | | (c) By no later than December 31, 2011, the Authority shall | 21 | | establish a privacy policy regarding the collection and use of | 22 | | personally identifiable information. Upon its adoption, the | 23 | | policy shall be posted on the Authority's website and a copy | 24 | | shall be included with each transponder transmitted to a user. |
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| 1 | | The policy shall include but need not be limited to the | 2 | | following: | 3 | | (1) A description of the types of personally | 4 | | identifiable information collected by the Authority. | 5 | | (2) The categories of third-party persons or entities | 6 | | with whom the Authority may share personally identifiable | 7 | | information and for what purposes that information is | 8 | | shared. | 9 | | (3) The process by which the Authority notifies | 10 | | electronic toll collection system users of material | 11 | | changes to its privacy policy. | 12 | | (4) The process by which an electronic toll collection | 13 | | system user may review and request changes to any of his or | 14 | | her personally identifiable information. | 15 | | (5) The effective date of the privacy policy. | 16 | | (d) This Section does not prohibit the Authority from: | 17 | | (1) providing aggregated traveler information derived | 18 | | from collective data relating to a group or category of | 19 | | electronic toll collection system users from which | 20 | | personally identifiable information has been removed; | 21 | | (2) sharing data with another transportation agency or | 22 | | third-party vendor to comply with interoperability | 23 | | specifications and standards regarding electronic toll | 24 | | collection devices and technologies, provided that the | 25 | | other transportation agency or third-party vendor may not | 26 | | use personally identifiable information obtained under |
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| 1 | | this Section for a purpose other than described in this | 2 | | Section; | 3 | | (3) performing financial, legal and accounting | 4 | | functions such as billing, account settlement, toll | 5 | | violation enforcement, or other activities required to | 6 | | operate and manage its toll collection system; | 7 | | (4) communicating about products and services offered | 8 | | by itself, a business partner, or another public agency; | 9 | | (5) using personally identifiable information in | 10 | | research projects, provided that appropriate | 11 | | confidentiality restrictions are employed to protect | 12 | | against the unauthorized release of such information; | 13 | | (6) releasing personally identifiable information in | 14 | | response to a warrant, subpoena or lawful order from a | 15 | | court of competent jurisdiction; | 16 | | (7) releasing personally identifiable information to | 17 | | law enforcement agencies in the case of an emergency when | 18 | | obtaining a warrant or subpoena would be impractical; and | 19 | | (8) releasing personally identifiable information to | 20 | | the Authority's Inspector General or, at the Inspector | 21 | | General's direction, to law enforcement agencies under | 22 | | paragraphs (5) and (6) of subsection (f) of Section 8.5 of | 23 | | this Act. | 24 | | (e) For purposes of this Section: | 25 | | "Electronic toll collection system" is a system where a | 26 | | transponder, camera-based vehicle identification system, or |
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| 1 | | other electronic medium is used to deduct payment of a toll | 2 | | from a subscriber's account or to establish an obligation to | 3 | | pay a toll. | 4 | | "Electronic toll collection system user" means any natural | 5 | | person who subscribes to an electronic toll collection system | 6 | | or any natural person who uses a tolled transportation facility | 7 | | that employs the Authority's electronic toll collection | 8 | | system. | 9 | | "Personally identifiable information" means any | 10 | | information that identifies or describes an electronic toll | 11 | | collection system user, including but not limited to travel | 12 | | pattern data, address, telephone number, e-mail address, | 13 | | license plate number, photograph, vehicle location, bank | 14 | | account information, or credit card number. | 15 | | (f) In any agreement allowing another public entity to use | 16 | | the Authority's toll collection system in a transportation | 17 | | facility, the Authority shall require the other public entity | 18 | | to comply with the requirements of this Section. | 19 | | (g) Personally identifiable information generated through | 20 | | the
Authority's toll collection process that reveals the date, | 21 | | time, location or
direction of travel by an electronic toll | 22 | | collection system user shall be
exempt from release under the | 23 | | Illinois Freedom of Information Act. The
exemption in this | 24 | | subsection shall not apply to information that concerns (i)
the | 25 | | public duties of public employees; (ii) whether an electronic | 26 | | toll
collection system user has paid tolls; (iii) whether the |
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| 1 | | Authority is
enforcing toll violation penalties against | 2 | | electronic toll collection users
who do not pay tolls; (iv) | 3 | | accidents or other incidents that occur on highways under the | 4 | | jurisdiction of the
Authority; or (v) other operations of the | 5 | | Authority.
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.".
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