(5 ILCS 140/7) (Text of Section before amendment by P.A. 103-865 ) Sec. 7. Exemptions. (1) When a request is made to inspect or copy a public record that contains information that is exempt from disclosure under this Section, but also contains information that is not exempt from disclosure, the public body may elect to redact the information that is exempt. The public body shall make the remaining information available for inspection and copying. Subject to this requirement, the following shall be exempt from inspection and copying: (a) Information specifically prohibited from |
| disclosure by federal or State law or rules and regulations implementing federal or State law.
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(b) Private information, unless disclosure is
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| required by another provision of this Act, a State or federal law, or a court order.
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(b-5) Files, documents, and other data or databases
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| maintained by one or more law enforcement agencies and specifically designed to provide information to one or more law enforcement agencies regarding the physical or mental status of one or more individual subjects.
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(c) Personal information contained within public
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| records, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, unless the disclosure is consented to in writing by the individual subjects of the information. "Unwarranted invasion of personal privacy" means the disclosure of information that is highly personal or objectionable to a reasonable person and in which the subject's right to privacy outweighs any legitimate public interest in obtaining the information. The disclosure of information that bears on the public duties of public employees and officials shall not be considered an invasion of personal privacy.
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(d) Records in the possession of any public body
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| created in the course of administrative enforcement proceedings, and any law enforcement or correctional agency for law enforcement purposes, but only to the extent that disclosure would:
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(i) interfere with pending or actually and
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| reasonably contemplated law enforcement proceedings conducted by any law enforcement or correctional agency that is the recipient of the request;
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(ii) interfere with active administrative
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| enforcement proceedings conducted by the public body that is the recipient of the request;
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(iii) create a substantial likelihood that a
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| person will be deprived of a fair trial or an impartial hearing;
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(iv) unavoidably disclose the identity of a
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| confidential source, confidential information furnished only by the confidential source, or persons who file complaints with or provide information to administrative, investigative, law enforcement, or penal agencies; except that the identities of witnesses to traffic crashes, traffic crash reports, and rescue reports shall be provided by agencies of local government, except when disclosure would interfere with an active criminal investigation conducted by the agency that is the recipient of the request;
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(v) disclose unique or specialized investigative
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| techniques other than those generally used and known or disclose internal documents of correctional agencies related to detection, observation, or investigation of incidents of crime or misconduct, and disclosure would result in demonstrable harm to the agency or public body that is the recipient of the request;
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(vi) endanger the life or physical safety of law
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| enforcement personnel or any other person; or
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(vii) obstruct an ongoing criminal investigation
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| by the agency that is the recipient of the request.
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(d-5) A law enforcement record created for law
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| enforcement purposes and contained in a shared electronic record management system if the law enforcement agency that is the recipient of the request did not create the record, did not participate in or have a role in any of the events which are the subject of the record, and only has access to the record through the shared electronic record management system.
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(d-6) Records contained in the Officer Professional
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| Conduct Database under Section 9.2 of the Illinois Police Training Act, except to the extent authorized under that Section. This includes the documents supplied to the Illinois Law Enforcement Training Standards Board from the Illinois State Police and Illinois State Police Merit Board.
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(d-7) Information gathered or records created from
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| the use of automatic license plate readers in connection with Section 2-130 of the Illinois Vehicle Code.
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(e) Records that relate to or affect the security of
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| correctional institutions and detention facilities.
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(e-5) Records requested by persons committed to the
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| Department of Corrections, Department of Human Services Division of Mental Health, or a county jail if those materials are available in the library of the correctional institution or facility or jail where the inmate is confined.
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(e-6) Records requested by persons committed to the
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| Department of Corrections, Department of Human Services Division of Mental Health, or a county jail if those materials include records from staff members' personnel files, staff rosters, or other staffing assignment information.
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(e-7) Records requested by persons committed to the
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| Department of Corrections or Department of Human Services Division of Mental Health if those materials are available through an administrative request to the Department of Corrections or Department of Human Services Division of Mental Health.
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(e-8) Records requested by a person committed to the
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| Department of Corrections, Department of Human Services Division of Mental Health, or a county jail, the disclosure of which would result in the risk of harm to any person or the risk of an escape from a jail or correctional institution or facility.
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(e-9) Records requested by a person in a county jail
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| or committed to the Department of Corrections or Department of Human Services Division of Mental Health, containing personal information pertaining to the person's victim or the victim's family, including, but not limited to, a victim's home address, home telephone number, work or school address, work telephone number, social security number, or any other identifying information, except as may be relevant to a requester's current or potential case or claim.
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(e-10) Law enforcement records of other persons
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| requested by a person committed to the Department of Corrections, Department of Human Services Division of Mental Health, or a county jail, including, but not limited to, arrest and booking records, mug shots, and crime scene photographs, except as these records may be relevant to the requester's current or potential case or claim.
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(f) Preliminary drafts, notes, recommendations,
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| memoranda, and other records in which opinions are expressed, or policies or actions are formulated, except that a specific record or relevant portion of a record shall not be exempt when the record is publicly cited and identified by the head of the public body. The exemption provided in this paragraph (f) extends to all those records of officers and agencies of the General Assembly that pertain to the preparation of legislative documents.
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(g) Trade secrets and commercial or financial
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| information obtained from a person or business where the trade secrets or commercial or financial information are furnished under a claim that they are proprietary, privileged, or confidential, and that disclosure of the trade secrets or commercial or financial information would cause competitive harm to the person or business, and only insofar as the claim directly applies to the records requested.
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The information included under this exemption
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| includes all trade secrets and commercial or financial information obtained by a public body, including a public pension fund, from a private equity fund or a privately held company within the investment portfolio of a private equity fund as a result of either investing or evaluating a potential investment of public funds in a private equity fund. The exemption contained in this item does not apply to the aggregate financial performance information of a private equity fund, nor to the identity of the fund's managers or general partners. The exemption contained in this item does not apply to the identity of a privately held company within the investment portfolio of a private equity fund, unless the disclosure of the identity of a privately held company may cause competitive harm.
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Nothing contained in this paragraph (g) shall be
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| construed to prevent a person or business from consenting to disclosure.
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(h) Proposals and bids for any contract, grant, or
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| agreement, including information which if it were disclosed would frustrate procurement or give an advantage to any person proposing to enter into a contractor agreement with the body, until an award or final selection is made. Information prepared by or for the body in preparation of a bid solicitation shall be exempt until an award or final selection is made.
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(i) Valuable formulae, computer geographic systems,
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| designs, drawings, and research data obtained or produced by any public body when disclosure could reasonably be expected to produce private gain or public loss. The exemption for "computer geographic systems" provided in this paragraph (i) does not extend to requests made by news media as defined in Section 2 of this Act when the requested information is not otherwise exempt and the only purpose of the request is to access and disseminate information regarding the health, safety, welfare, or legal rights of the general public.
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(j) The following information pertaining to
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(i) test questions, scoring keys, and other
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| examination data used to administer an academic examination;
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(ii) information received by a primary or
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| secondary school, college, or university under its procedures for the evaluation of faculty members by their academic peers;
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(iii) information concerning a school or
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| university's adjudication of student disciplinary cases, but only to the extent that disclosure would unavoidably reveal the identity of the student; and
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(iv) course materials or research materials used
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(k) Architects' plans, engineers' technical
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| submissions, and other construction related technical documents for projects not constructed or developed in whole or in part with public funds and the same for projects constructed or developed with public funds, including, but not limited to, power generating and distribution stations and other transmission and distribution facilities, water treatment facilities, airport facilities, sport stadiums, convention centers, and all government owned, operated, or occupied buildings, but only to the extent that disclosure would compromise security.
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(l) Minutes of meetings of public bodies closed to
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| the public as provided in the Open Meetings Act until the public body makes the minutes available to the public under Section 2.06 of the Open Meetings Act.
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(m) Communications between a public body and an
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| attorney or auditor representing the public body that would not be subject to discovery in litigation, and materials prepared or compiled by or for a public body in anticipation of a criminal, civil, or administrative proceeding upon the request of an attorney advising the public body, and materials prepared or compiled with respect to internal audits of public bodies.
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(n) Records relating to a public body's adjudication
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| of employee grievances or disciplinary cases; however, this exemption shall not extend to the final outcome of cases in which discipline is imposed.
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(o) Administrative or technical information
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| associated with automated data processing operations, including, but not limited to, software, operating protocols, computer program abstracts, file layouts, source listings, object modules, load modules, user guides, documentation pertaining to all logical and physical design of computerized systems, employee manuals, and any other information that, if disclosed, would jeopardize the security of the system or its data or the security of materials exempt under this Section.
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(p) Records relating to collective negotiating
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| matters between public bodies and their employees or representatives, except that any final contract or agreement shall be subject to inspection and copying.
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(q) Test questions, scoring keys, and other
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| examination data used to determine the qualifications of an applicant for a license or employment.
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(r) The records, documents, and information relating
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| to real estate purchase negotiations until those negotiations have been completed or otherwise terminated. With regard to a parcel involved in a pending or actually and reasonably contemplated eminent domain proceeding under the Eminent Domain Act, records, documents, and information relating to that parcel shall be exempt except as may be allowed under discovery rules adopted by the Illinois Supreme Court. The records, documents, and information relating to a real estate sale shall be exempt until a sale is consummated.
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(s) Any and all proprietary information and records
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| related to the operation of an intergovernmental risk management association or self-insurance pool or jointly self-administered health and accident cooperative or pool. Insurance or self-insurance (including any intergovernmental risk management association or self-insurance pool) claims, loss or risk management information, records, data, advice, or communications.
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(t) Information contained in or related to
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| examination, operating, or condition reports prepared by, on behalf of, or for the use of a public body responsible for the regulation or supervision of financial institutions, insurance companies, or pharmacy benefit managers, unless disclosure is otherwise required by State law.
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(u) Information that would disclose or might lead to
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| the disclosure of secret or confidential information, codes, algorithms, programs, or private keys intended to be used to create electronic signatures under the Uniform Electronic Transactions Act.
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(v) Vulnerability assessments, security measures, and
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| response policies or plans that are designed to identify, prevent, or respond to potential attacks upon a community's population or systems, facilities, or installations, but only to the extent that disclosure could reasonably be expected to expose the vulnerability or jeopardize the effectiveness of the measures, policies, or plans, or the safety of the personnel who implement them or the public. Information exempt under this item may include such things as details pertaining to the mobilization or deployment of personnel or equipment, to the operation of communication systems or protocols, to cybersecurity vulnerabilities, or to tactical operations.
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(w) (Blank).
(x) Maps and other records regarding the location or
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| security of generation, transmission, distribution, storage, gathering, treatment, or switching facilities owned by a utility, by a power generator, or by the Illinois Power Agency.
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(y) Information contained in or related to proposals,
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| bids, or negotiations related to electric power procurement under Section 1-75 of the Illinois Power Agency Act and Section 16-111.5 of the Public Utilities Act that is determined to be confidential and proprietary by the Illinois Power Agency or by the Illinois Commerce Commission.
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(z) Information about students exempted from
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| disclosure under Section 10-20.38 or 34-18.29 of the School Code, and information about undergraduate students enrolled at an institution of higher education exempted from disclosure under Section 25 of the Illinois Credit Card Marketing Act of 2009.
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(aa) Information the disclosure of which is exempted
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| under the Viatical Settlements Act of 2009.
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(bb) Records and information provided to a mortality
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| review team and records maintained by a mortality review team appointed under the Department of Juvenile Justice Mortality Review Team Act.
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(cc) Information regarding interments, entombments,
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| or inurnments of human remains that are submitted to the Cemetery Oversight Database under the Cemetery Care Act or the Cemetery Oversight Act, whichever is applicable.
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(dd) Correspondence and records (i) that may not be
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| disclosed under Section 11-9 of the Illinois Public Aid Code or (ii) that pertain to appeals under Section 11-8 of the Illinois Public Aid Code.
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(ee) The names, addresses, or other personal
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| information of persons who are minors and are also participants and registrants in programs of park districts, forest preserve districts, conservation districts, recreation agencies, and special recreation associations.
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(ff) The names, addresses, or other personal
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| information of participants and registrants in programs of park districts, forest preserve districts, conservation districts, recreation agencies, and special recreation associations where such programs are targeted primarily to minors.
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(gg) Confidential information described in Section
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| 1-100 of the Illinois Independent Tax Tribunal Act of 2012.
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(hh) The report submitted to the State Board of
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| Education by the School Security and Standards Task Force under item (8) of subsection (d) of Section 2-3.160 of the School Code and any information contained in that report.
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(ii) Records requested by persons committed to or
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| detained by the Department of Human Services under the Sexually Violent Persons Commitment Act or committed to the Department of Corrections under the Sexually Dangerous Persons Act if those materials: (i) are available in the library of the facility where the individual is confined; (ii) include records from staff members' personnel files, staff rosters, or other staffing assignment information; or (iii) are available through an administrative request to the Department of Human Services or the Department of Corrections.
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(jj) Confidential information described in Section
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| 5-535 of the Civil Administrative Code of Illinois.
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(kk) The public body's credit card numbers, debit
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| card numbers, bank account numbers, Federal Employer Identification Number, security code numbers, passwords, and similar account information, the disclosure of which could result in identity theft or impression or defrauding of a governmental entity or a person.
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(ll) Records concerning the work of the threat
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| assessment team of a school district, including, but not limited to, any threat assessment procedure under the School Safety Drill Act and any information contained in the procedure.
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(mm) Information prohibited from being disclosed
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| under subsections (a) and (b) of Section 15 of the Student Confidential Reporting Act.
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(nn) Proprietary information submitted to the
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| Environmental Protection Agency under the Drug Take-Back Act.
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(oo) Records described in subsection (f) of Section
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| 3-5-1 of the Unified Code of Corrections.
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(pp) Any and all information regarding burials,
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| interments, or entombments of human remains as required to be reported to the Department of Natural Resources pursuant either to the Archaeological and Paleontological Resources Protection Act or the Human Remains Protection Act.
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(qq) Reports described in subsection (e) of Section
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| 16-15 of the Abortion Care Clinical Training Program Act.
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(rr) Information obtained by a certified local health
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| department under the Access to Public Health Data Act.
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(ss) For a request directed to a public body that is
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| also a HIPAA-covered entity, all information that is protected health information, including demographic information, that may be contained within or extracted from any record held by the public body in compliance with State and federal medical privacy laws and regulations, including, but not limited to, the Health Insurance Portability and Accountability Act and its regulations, 45 CFR Parts 160 and 164. As used in this paragraph, "HIPAA-covered entity" has the meaning given to the term "covered entity" in 45 CFR 160.103 and "protected health information" has the meaning given to that term in 45 CFR 160.103.
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(1.5) Any information exempt from disclosure under the Judicial Privacy Act shall be redacted from public records prior to disclosure under this Act.
(2) A public record that is not in the possession of a public body but is in the possession of a party with whom the agency has contracted to perform a governmental function on behalf of the public body, and that directly relates to the governmental function and is not otherwise exempt under this Act, shall be considered a public record of the public body, for purposes of this Act.
(3) This Section does not authorize withholding of information or limit the availability of records to the public, except as stated in this Section or otherwise provided in this Act.
(Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23; 103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff. 8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; 103-605, eff. 7-1-24.)
(Text of Section after amendment by P.A. 103-865 )
Sec. 7. Exemptions.
(1) When a request is made to inspect or copy a public record that contains information that is exempt from disclosure under this Section, but also contains information that is not exempt from disclosure, the public body may elect to redact the information that is exempt. The public body shall make the remaining information available for inspection and copying. Subject to this requirement, the following shall be exempt from inspection and copying:
(a) Information specifically prohibited from
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| disclosure by federal or State law or rules and regulations implementing federal or State law.
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(b) Private information, unless disclosure is
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| required by another provision of this Act, a State or federal law, or a court order.
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(b-5) Files, documents, and other data or databases
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| maintained by one or more law enforcement agencies and specifically designed to provide information to one or more law enforcement agencies regarding the physical or mental status of one or more individual subjects.
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(c) Personal information contained within public
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| records, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, unless the disclosure is consented to in writing by the individual subjects of the information. "Unwarranted invasion of personal privacy" means the disclosure of information that is highly personal or objectionable to a reasonable person and in which the subject's right to privacy outweighs any legitimate public interest in obtaining the information. The disclosure of information that bears on the public duties of public employees and officials shall not be considered an invasion of personal privacy.
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(d) Records in the possession of any public body
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| created in the course of administrative enforcement proceedings, and any law enforcement or correctional agency for law enforcement purposes, but only to the extent that disclosure would:
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(i) interfere with pending or actually and
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| reasonably contemplated law enforcement proceedings conducted by any law enforcement or correctional agency that is the recipient of the request;
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(ii) interfere with active administrative
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| enforcement proceedings conducted by the public body that is the recipient of the request;
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(iii) create a substantial likelihood that a
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| person will be deprived of a fair trial or an impartial hearing;
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(iv) unavoidably disclose the identity of a
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| confidential source, confidential information furnished only by the confidential source, or persons who file complaints with or provide information to administrative, investigative, law enforcement, or penal agencies; except that the identities of witnesses to traffic crashes, traffic crash reports, and rescue reports shall be provided by agencies of local government, except when disclosure would interfere with an active criminal investigation conducted by the agency that is the recipient of the request;
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(v) disclose unique or specialized investigative
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| techniques other than those generally used and known or disclose internal documents of correctional agencies related to detection, observation, or investigation of incidents of crime or misconduct, and disclosure would result in demonstrable harm to the agency or public body that is the recipient of the request;
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(vi) endanger the life or physical safety of law
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| enforcement personnel or any other person; or
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(vii) obstruct an ongoing criminal investigation
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| by the agency that is the recipient of the request.
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(d-5) A law enforcement record created for law
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| enforcement purposes and contained in a shared electronic record management system if the law enforcement agency that is the recipient of the request did not create the record, did not participate in or have a role in any of the events which are the subject of the record, and only has access to the record through the shared electronic record management system.
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(d-6) Records contained in the Officer Professional
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| Conduct Database under Section 9.2 of the Illinois Police Training Act, except to the extent authorized under that Section. This includes the documents supplied to the Illinois Law Enforcement Training Standards Board from the Illinois State Police and Illinois State Police Merit Board.
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(d-7) Information gathered or records created from
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| the use of automatic license plate readers in connection with Section 2-130 of the Illinois Vehicle Code.
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(e) Records that relate to or affect the security of
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| correctional institutions and detention facilities.
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(e-5) Records requested by persons committed to the
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| Department of Corrections, Department of Human Services Division of Mental Health, or a county jail if those materials are available in the library of the correctional institution or facility or jail where the inmate is confined.
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(e-6) Records requested by persons committed to the
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| Department of Corrections, Department of Human Services Division of Mental Health, or a county jail if those materials include records from staff members' personnel files, staff rosters, or other staffing assignment information.
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(e-7) Records requested by persons committed to the
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| Department of Corrections or Department of Human Services Division of Mental Health if those materials are available through an administrative request to the Department of Corrections or Department of Human Services Division of Mental Health.
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(e-8) Records requested by a person committed to the
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| Department of Corrections, Department of Human Services Division of Mental Health, or a county jail, the disclosure of which would result in the risk of harm to any person or the risk of an escape from a jail or correctional institution or facility.
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(e-9) Records requested by a person in a county jail
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| or committed to the Department of Corrections or Department of Human Services Division of Mental Health, containing personal information pertaining to the person's victim or the victim's family, including, but not limited to, a victim's home address, home telephone number, work or school address, work telephone number, social security number, or any other identifying information, except as may be relevant to a requester's current or potential case or claim.
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(e-10) Law enforcement records of other persons
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| requested by a person committed to the Department of Corrections, Department of Human Services Division of Mental Health, or a county jail, including, but not limited to, arrest and booking records, mug shots, and crime scene photographs, except as these records may be relevant to the requester's current or potential case or claim.
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(f) Preliminary drafts, notes, recommendations,
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| memoranda, and other records in which opinions are expressed, or policies or actions are formulated, except that a specific record or relevant portion of a record shall not be exempt when the record is publicly cited and identified by the head of the public body. The exemption provided in this paragraph (f) extends to all those records of officers and agencies of the General Assembly that pertain to the preparation of legislative documents.
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(g) Trade secrets and commercial or financial
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| information obtained from a person or business where the trade secrets or commercial or financial information are furnished under a claim that they are proprietary, privileged, or confidential, and that disclosure of the trade secrets or commercial or financial information would cause competitive harm to the person or business, and only insofar as the claim directly applies to the records requested.
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The information included under this exemption
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| includes all trade secrets and commercial or financial information obtained by a public body, including a public pension fund, from a private equity fund or a privately held company within the investment portfolio of a private equity fund as a result of either investing or evaluating a potential investment of public funds in a private equity fund. The exemption contained in this item does not apply to the aggregate financial performance information of a private equity fund, nor to the identity of the fund's managers or general partners. The exemption contained in this item does not apply to the identity of a privately held company within the investment portfolio of a private equity fund, unless the disclosure of the identity of a privately held company may cause competitive harm.
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Nothing contained in this paragraph (g) shall be
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| construed to prevent a person or business from consenting to disclosure.
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(h) Proposals and bids for any contract, grant, or
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| agreement, including information which if it were disclosed would frustrate procurement or give an advantage to any person proposing to enter into a contractor agreement with the body, until an award or final selection is made. Information prepared by or for the body in preparation of a bid solicitation shall be exempt until an award or final selection is made.
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(i) Valuable formulae, computer geographic systems,
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| designs, drawings, and research data obtained or produced by any public body when disclosure could reasonably be expected to produce private gain or public loss. The exemption for "computer geographic systems" provided in this paragraph (i) does not extend to requests made by news media as defined in Section 2 of this Act when the requested information is not otherwise exempt and the only purpose of the request is to access and disseminate information regarding the health, safety, welfare, or legal rights of the general public.
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(j) The following information pertaining to
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(i) test questions, scoring keys, and other
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| examination data used to administer an academic examination;
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(ii) information received by a primary or
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| secondary school, college, or university under its procedures for the evaluation of faculty members by their academic peers;
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(iii) information concerning a school or
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| university's adjudication of student disciplinary cases, but only to the extent that disclosure would unavoidably reveal the identity of the student; and
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(iv) course materials or research materials used
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(k) Architects' plans, engineers' technical
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| submissions, and other construction related technical documents for projects not constructed or developed in whole or in part with public funds and the same for projects constructed or developed with public funds, including, but not limited to, power generating and distribution stations and other transmission and distribution facilities, water treatment facilities, airport facilities, sport stadiums, convention centers, and all government owned, operated, or occupied buildings, but only to the extent that disclosure would compromise security.
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(l) Minutes of meetings of public bodies closed to
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| the public as provided in the Open Meetings Act until the public body makes the minutes available to the public under Section 2.06 of the Open Meetings Act.
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(m) Communications between a public body and an
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| attorney or auditor representing the public body that would not be subject to discovery in litigation, and materials prepared or compiled by or for a public body in anticipation of a criminal, civil, or administrative proceeding upon the request of an attorney advising the public body, and materials prepared or compiled with respect to internal audits of public bodies.
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(n) Records relating to a public body's adjudication
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| of employee grievances or disciplinary cases; however, this exemption shall not extend to the final outcome of cases in which discipline is imposed.
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(o) Administrative or technical information
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| associated with automated data processing operations, including, but not limited to, software, operating protocols, computer program abstracts, file layouts, source listings, object modules, load modules, user guides, documentation pertaining to all logical and physical design of computerized systems, employee manuals, and any other information that, if disclosed, would jeopardize the security of the system or its data or the security of materials exempt under this Section.
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(p) Records relating to collective negotiating
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| matters between public bodies and their employees or representatives, except that any final contract or agreement shall be subject to inspection and copying.
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(q) Test questions, scoring keys, and other
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| examination data used to determine the qualifications of an applicant for a license or employment.
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(r) The records, documents, and information relating
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| to real estate purchase negotiations until those negotiations have been completed or otherwise terminated. With regard to a parcel involved in a pending or actually and reasonably contemplated eminent domain proceeding under the Eminent Domain Act, records, documents, and information relating to that parcel shall be exempt except as may be allowed under discovery rules adopted by the Illinois Supreme Court. The records, documents, and information relating to a real estate sale shall be exempt until a sale is consummated.
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(s) Any and all proprietary information and records
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| related to the operation of an intergovernmental risk management association or self-insurance pool or jointly self-administered health and accident cooperative or pool. Insurance or self-insurance (including any intergovernmental risk management association or self-insurance pool) claims, loss or risk management information, records, data, advice, or communications.
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(t) Information contained in or related to
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| examination, operating, or condition reports prepared by, on behalf of, or for the use of a public body responsible for the regulation or supervision of financial institutions, insurance companies, or pharmacy benefit managers, unless disclosure is otherwise required by State law.
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(u) Information that would disclose or might lead to
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| the disclosure of secret or confidential information, codes, algorithms, programs, or private keys intended to be used to create electronic signatures under the Uniform Electronic Transactions Act.
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(v) Vulnerability assessments, security measures, and
|
| response policies or plans that are designed to identify, prevent, or respond to potential attacks upon a community's population or systems, facilities, or installations, but only to the extent that disclosure could reasonably be expected to expose the vulnerability or jeopardize the effectiveness of the measures, policies, or plans, or the safety of the personnel who implement them or the public. Information exempt under this item may include such things as details pertaining to the mobilization or deployment of personnel or equipment, to the operation of communication systems or protocols, to cybersecurity vulnerabilities, or to tactical operations.
|
|
(w) (Blank).
(x) Maps and other records regarding the location or
|
| security of generation, transmission, distribution, storage, gathering, treatment, or switching facilities owned by a utility, by a power generator, or by the Illinois Power Agency.
|
|
(y) Information contained in or related to proposals,
|
| bids, or negotiations related to electric power procurement under Section 1-75 of the Illinois Power Agency Act and Section 16-111.5 of the Public Utilities Act that is determined to be confidential and proprietary by the Illinois Power Agency or by the Illinois Commerce Commission.
|
|
(z) Information about students exempted from
|
| disclosure under Section 10-20.38 or 34-18.29 of the School Code, and information about undergraduate students enrolled at an institution of higher education exempted from disclosure under Section 25 of the Illinois Credit Card Marketing Act of 2009.
|
|
(aa) Information the disclosure of which is exempted
|
| under the Viatical Settlements Act of 2009.
|
|
(bb) Records and information provided to a mortality
|
| review team and records maintained by a mortality review team appointed under the Department of Juvenile Justice Mortality Review Team Act.
|
|
(cc) Information regarding interments, entombments,
|
| or inurnments of human remains that are submitted to the Cemetery Oversight Database under the Cemetery Care Act or the Cemetery Oversight Act, whichever is applicable.
|
|
(dd) Correspondence and records (i) that may not be
|
| disclosed under Section 11-9 of the Illinois Public Aid Code or (ii) that pertain to appeals under Section 11-8 of the Illinois Public Aid Code.
|
|
(ee) The names, addresses, or other personal
|
| information of persons who are minors and are also participants and registrants in programs of park districts, forest preserve districts, conservation districts, recreation agencies, and special recreation associations.
|
|
(ff) The names, addresses, or other personal
|
| information of participants and registrants in programs of park districts, forest preserve districts, conservation districts, recreation agencies, and special recreation associations where such programs are targeted primarily to minors.
|
|
(gg) Confidential information described in Section
|
| 1-100 of the Illinois Independent Tax Tribunal Act of 2012.
|
|
(hh) The report submitted to the State Board of
|
| Education by the School Security and Standards Task Force under item (8) of subsection (d) of Section 2-3.160 of the School Code and any information contained in that report.
|
|
(ii) Records requested by persons committed to or
|
| detained by the Department of Human Services under the Sexually Violent Persons Commitment Act or committed to the Department of Corrections under the Sexually Dangerous Persons Act if those materials: (i) are available in the library of the facility where the individual is confined; (ii) include records from staff members' personnel files, staff rosters, or other staffing assignment information; or (iii) are available through an administrative request to the Department of Human Services or the Department of Corrections.
|
|
(jj) Confidential information described in Section
|
| 5-535 of the Civil Administrative Code of Illinois.
|
|
(kk) The public body's credit card numbers, debit
|
| card numbers, bank account numbers, Federal Employer Identification Number, security code numbers, passwords, and similar account information, the disclosure of which could result in identity theft or impression or defrauding of a governmental entity or a person.
|
|
(ll) Records concerning the work of the threat
|
| assessment team of a school district, including, but not limited to, any threat assessment procedure under the School Safety Drill Act and any information contained in the procedure.
|
|
(mm) Information prohibited from being disclosed
|
| under subsections (a) and (b) of Section 15 of the Student Confidential Reporting Act.
|
|
(nn) Proprietary information submitted to the
|
| Environmental Protection Agency under the Drug Take-Back Act.
|
|
(oo) Records described in subsection (f) of Section
|
| 3-5-1 of the Unified Code of Corrections.
|
|
(pp) Any and all information regarding burials,
|
| interments, or entombments of human remains as required to be reported to the Department of Natural Resources pursuant either to the Archaeological and Paleontological Resources Protection Act or the Human Remains Protection Act.
|
|
(qq) Reports described in subsection (e) of Section
|
| 16-15 of the Abortion Care Clinical Training Program Act.
|
|
(rr) Information obtained by a certified local health
|
| department under the Access to Public Health Data Act.
|
|
(ss) For a request directed to a public body that is
|
| also a HIPAA-covered entity, all information that is protected health information, including demographic information, that may be contained within or extracted from any record held by the public body in compliance with State and federal medical privacy laws and regulations, including, but not limited to, the Health Insurance Portability and Accountability Act and its regulations, 45 CFR Parts 160 and 164. As used in this paragraph, "HIPAA-covered entity" has the meaning given to the term "covered entity" in 45 CFR 160.103 and "protected health information" has the meaning given to that term in 45 CFR 160.103.
|
|
(tt) Proposals or bids submitted by engineering
|
| consultants in response to requests for proposal or other competitive bidding requests by the Department of Transportation or the Illinois Toll Highway Authority.
|
|
(1.5) Any information exempt from disclosure under the Judicial Privacy Act shall be redacted from public records prior to disclosure under this Act.
(2) A public record that is not in the possession of a public body but is in the possession of a party with whom the agency has contracted to perform a governmental function on behalf of the public body, and that directly relates to the governmental function and is not otherwise exempt under this Act, shall be considered a public record of the public body, for purposes of this Act.
(3) This Section does not authorize withholding of information or limit the availability of records to the public, except as stated in this Section or otherwise provided in this Act.
(Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23; 103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff. 8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25.)
|
(5 ILCS 140/7.5) (Text of Section from P.A. 103-592) Sec. 7.5. Statutory exemptions. To the extent provided for by the statutes referenced below, the following shall be exempt from inspection and copying: (a) All information determined to be confidential |
| under Section 4002 of the Technology Advancement and Development Act.
|
|
(b) Library circulation and order records identifying
|
| library users with specific materials under the Library Records Confidentiality Act.
|
|
(c) Applications, related documents, and medical
|
| records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received.
|
|
(d) Information and records held by the Department of
|
| Public Health and its authorized representatives relating to known or suspected cases of sexually transmissible disease or any information the disclosure of which is restricted under the Illinois Sexually Transmissible Disease Control Act.
|
|
(e) Information the disclosure of which is exempted
|
| under Section 30 of the Radon Industry Licensing Act.
|
|
(f) Firm performance evaluations under Section 55 of
|
| the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.
|
|
(g) Information the disclosure of which is restricted
|
| and exempted under Section 50 of the Illinois Prepaid Tuition Act.
|
|
(h) Information the disclosure of which is exempted
|
| under the State Officials and Employees Ethics Act, and records of any lawfully created State or local inspector general's office that would be exempt if created or obtained by an Executive Inspector General's office under that Act.
|
|
(i) Information contained in a local emergency energy
|
| plan submitted to a municipality in accordance with a local emergency energy plan ordinance that is adopted under Section 11-21.5-5 of the Illinois Municipal Code.
|
|
(j) Information and data concerning the distribution
|
| of surcharge moneys collected and remitted by carriers under the Emergency Telephone System Act.
|
|
(k) Law enforcement officer identification
|
| information or driver identification information compiled by a law enforcement agency or the Department of Transportation under Section 11-212 of the Illinois Vehicle Code.
|
|
(l) Records and information provided to a residential
|
| health care facility resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.
|
|
(m) Information provided to the predatory lending
|
| database created pursuant to Article 3 of the Residential Real Property Disclosure Act, except to the extent authorized under that Article.
|
|
(n) Defense budgets and petitions for certification
|
| of compensation and expenses for court appointed trial counsel as provided under Sections 10 and 15 of the Capital Crimes Litigation Act (repealed). This subsection (n) shall apply until the conclusion of the trial of the case, even if the prosecution chooses not to pursue the death penalty prior to trial or sentencing.
|
|
(o) Information that is prohibited from being
|
| disclosed under Section 4 of the Illinois Health and Hazardous Substances Registry Act.
|
|
(p) Security portions of system safety program plans,
|
| investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Department of Transportation under Sections 2705-300 and 2705-616 of the Department of Transportation Law of the Civil Administrative Code of Illinois, the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act, or the St. Clair County Transit District under the Bi-State Transit Safety Act (repealed).
|
|
(q) Information prohibited from being disclosed by
|
| the Personnel Record Review Act.
|
|
(r) Information prohibited from being disclosed by
|
| the Illinois School Student Records Act.
|
|
(s) Information the disclosure of which is restricted
|
| under Section 5-108 of the Public Utilities Act.
|
|
(t) (Blank).
(u) Records and information provided to an
|
| independent team of experts under the Developmental Disability and Mental Health Safety Act (also known as Brian's Law).
|
|
(v) Names and information of people who have applied
|
| for or received Firearm Owner's Identification Cards under the Firearm Owners Identification Card Act or applied for or received a concealed carry license under the Firearm Concealed Carry Act, unless otherwise authorized by the Firearm Concealed Carry Act; and databases under the Firearm Concealed Carry Act, records of the Concealed Carry Licensing Review Board under the Firearm Concealed Carry Act, and law enforcement agency objections under the Firearm Concealed Carry Act.
|
|
(v-5) Records of the Firearm Owner's Identification
|
| Card Review Board that are exempted from disclosure under Section 10 of the Firearm Owners Identification Card Act.
|
|
(w) Personally identifiable information which is
|
| exempted from disclosure under subsection (g) of Section 19.1 of the Toll Highway Act.
|
|
(x) Information which is exempted from disclosure
|
| under Section 5-1014.3 of the Counties Code or Section 8-11-21 of the Illinois Municipal Code.
|
|
(y) Confidential information under the Adult
|
| Protective Services Act and its predecessor enabling statute, the Elder Abuse and Neglect Act, including information about the identity and administrative finding against any caregiver of a verified and substantiated decision of abuse, neglect, or financial exploitation of an eligible adult maintained in the Registry established under Section 7.5 of the Adult Protective Services Act.
|
|
(z) Records and information provided to a fatality
|
| review team or the Illinois Fatality Review Team Advisory Council under Section 15 of the Adult Protective Services Act.
|
|
(aa) Information which is exempted from disclosure
|
| under Section 2.37 of the Wildlife Code.
|
|
(bb) Information which is or was prohibited from
|
| disclosure by the Juvenile Court Act of 1987.
|
|
(cc) Recordings made under the Law Enforcement
|
| Officer-Worn Body Camera Act, except to the extent authorized under that Act.
|
|
(dd) Information that is prohibited from being
|
| disclosed under Section 45 of the Condominium and Common Interest Community Ombudsperson Act.
|
|
(ee) Information that is exempted from disclosure
|
| under Section 30.1 of the Pharmacy Practice Act.
|
|
(ff) Information that is exempted from disclosure
|
| under the Revised Uniform Unclaimed Property Act.
|
|
(gg) Information that is prohibited from being
|
| disclosed under Section 7-603.5 of the Illinois Vehicle Code.
|
|
(hh) Records that are exempt from disclosure under
|
| Section 1A-16.7 of the Election Code.
|
|
(ii) Information which is exempted from disclosure
|
| under Section 2505-800 of the Department of Revenue Law of the Civil Administrative Code of Illinois.
|
|
(jj) Information and reports that are required to be
|
| submitted to the Department of Labor by registering day and temporary labor service agencies but are exempt from disclosure under subsection (a-1) of Section 45 of the Day and Temporary Labor Services Act.
|
|
(kk) Information prohibited from disclosure under the
|
| Seizure and Forfeiture Reporting Act.
|
|
(ll) Information the disclosure of which is
|
| restricted and exempted under Section 5-30.8 of the Illinois Public Aid Code.
|
|
(mm) Records that are exempt from disclosure under
|
| Section 4.2 of the Crime Victims Compensation Act.
|
|
(nn) Information that is exempt from disclosure under
|
| Section 70 of the Higher Education Student Assistance Act.
|
|
(oo) Communications, notes, records, and reports
|
| arising out of a peer support counseling session prohibited from disclosure under the First Responders Suicide Prevention Act.
|
|
(pp) Names and all identifying information relating
|
| to an employee of an emergency services provider or law enforcement agency under the First Responders Suicide Prevention Act.
|
|
(qq) Information and records held by the Department
|
| of Public Health and its authorized representatives collected under the Reproductive Health Act.
|
|
(rr) Information that is exempt from disclosure under
|
| the Cannabis Regulation and Tax Act.
|
|
(ss) Data reported by an employer to the Department
|
| of Human Rights pursuant to Section 2-108 of the Illinois Human Rights Act.
|
|
(tt) Recordings made under the Children's Advocacy
|
| Center Act, except to the extent authorized under that Act.
|
|
(uu) Information that is exempt from disclosure under
|
| Section 50 of the Sexual Assault Evidence Submission Act.
|
|
(vv) Information that is exempt from disclosure under
|
| subsections (f) and (j) of Section 5-36 of the Illinois Public Aid Code.
|
|
(ww) Information that is exempt from disclosure under
|
| Section 16.8 of the State Treasurer Act.
|
|
(xx) Information that is exempt from disclosure or
|
| information that shall not be made public under the Illinois Insurance Code.
|
|
(yy) Information prohibited from being disclosed
|
| under the Illinois Educational Labor Relations Act.
|
|
(zz) Information prohibited from being disclosed
|
| under the Illinois Public Labor Relations Act.
|
|
(aaa) Information prohibited from being disclosed
|
| under Section 1-167 of the Illinois Pension Code.
|
|
(bbb) Information that is prohibited from disclosure
|
| by the Illinois Police Training Act and the Illinois State Police Act.
|
|
(ccc) Records exempt from disclosure under Section
|
| 2605-304 of the Illinois State Police Law of the Civil Administrative Code of Illinois.
|
|
(ddd) Information prohibited from being disclosed
|
| under Section 35 of the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act.
|
|
(eee) Information prohibited from being disclosed
|
| under subsection (b) of Section 75 of the Domestic Violence Fatality Review Act.
|
|
(fff) Images from cameras under the Expressway Camera
|
| Act. This subsection (fff) is inoperative on and after July 1, 2025.
|
|
(ggg) Information prohibited from disclosure under
|
| paragraph (3) of subsection (a) of Section 14 of the Nurse Agency Licensing Act.
|
|
(hhh) Information submitted to the Illinois State
|
| Police in an affidavit or application for an assault weapon endorsement, assault weapon attachment endorsement, .50 caliber rifle endorsement, or .50 caliber cartridge endorsement under the Firearm Owners Identification Card Act.
|
|
(iii) Data exempt from disclosure under Section 50 of
|
| the School Safety Drill Act.
|
|
(jjj) Information exempt from disclosure under
|
| Section 30 of the Insurance Data Security Law.
|
|
(kkk) Confidential business information prohibited
|
| from disclosure under Section 45 of the Paint Stewardship Act.
|
|
(lll) Data exempt from disclosure under Section
|
| 2-3.196 of the School Code.
|
|
(mmm) Information prohibited from being disclosed
|
| under subsection (e) of Section 1-129 of the Illinois Power Agency Act.
|
|
(nnn) Materials received by the Department of
|
| Commerce and Economic Opportunity that are confidential under the Music and Musicians Tax Credit and Jobs Act.
|
|
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592, eff. 6-7-24.)
(Text of Section from P.A. 103-605)
Sec. 7.5. Statutory exemptions. To the extent provided for by the statutes referenced below, the following shall be exempt from inspection and copying:
(a) All information determined to be confidential
|
| under Section 4002 of the Technology Advancement and Development Act.
|
|
(b) Library circulation and order records identifying
|
| library users with specific materials under the Library Records Confidentiality Act.
|
|
(c) Applications, related documents, and medical
|
| records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received.
|
|
(d) Information and records held by the Department of
|
| Public Health and its authorized representatives relating to known or suspected cases of sexually transmissible disease or any information the disclosure of which is restricted under the Illinois Sexually Transmissible Disease Control Act.
|
|
(e) Information the disclosure of which is exempted
|
| under Section 30 of the Radon Industry Licensing Act.
|
|
(f) Firm performance evaluations under Section 55 of
|
| the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.
|
|
(g) Information the disclosure of which is restricted
|
| and exempted under Section 50 of the Illinois Prepaid Tuition Act.
|
|
(h) Information the disclosure of which is exempted
|
| under the State Officials and Employees Ethics Act, and records of any lawfully created State or local inspector general's office that would be exempt if created or obtained by an Executive Inspector General's office under that Act.
|
|
(i) Information contained in a local emergency energy
|
| plan submitted to a municipality in accordance with a local emergency energy plan ordinance that is adopted under Section 11-21.5-5 of the Illinois Municipal Code.
|
|
(j) Information and data concerning the distribution
|
| of surcharge moneys collected and remitted by carriers under the Emergency Telephone System Act.
|
|
(k) Law enforcement officer identification
|
| information or driver identification information compiled by a law enforcement agency or the Department of Transportation under Section 11-212 of the Illinois Vehicle Code.
|
|
(l) Records and information provided to a residential
|
| health care facility resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.
|
|
(m) Information provided to the predatory lending
|
| database created pursuant to Article 3 of the Residential Real Property Disclosure Act, except to the extent authorized under that Article.
|
|
(n) Defense budgets and petitions for certification
|
| of compensation and expenses for court appointed trial counsel as provided under Sections 10 and 15 of the Capital Crimes Litigation Act (repealed). This subsection (n) shall apply until the conclusion of the trial of the case, even if the prosecution chooses not to pursue the death penalty prior to trial or sentencing.
|
|
(o) Information that is prohibited from being
|
| disclosed under Section 4 of the Illinois Health and Hazardous Substances Registry Act.
|
|
(p) Security portions of system safety program plans,
|
| investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Department of Transportation under Sections 2705-300 and 2705-616 of the Department of Transportation Law of the Civil Administrative Code of Illinois, the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act, or the St. Clair County Transit District under the Bi-State Transit Safety Act (repealed).
|
|
(q) Information prohibited from being disclosed by
|
| the Personnel Record Review Act.
|
|
(r) Information prohibited from being disclosed by
|
| the Illinois School Student Records Act.
|
|
(s) Information the disclosure of which is restricted
|
| under Section 5-108 of the Public Utilities Act.
|
|
(t) (Blank).
(u) Records and information provided to an
|
| independent team of experts under the Developmental Disability and Mental Health Safety Act (also known as Brian's Law).
|
|
(v) Names and information of people who have applied
|
| for or received Firearm Owner's Identification Cards under the Firearm Owners Identification Card Act or applied for or received a concealed carry license under the Firearm Concealed Carry Act, unless otherwise authorized by the Firearm Concealed Carry Act; and databases under the Firearm Concealed Carry Act, records of the Concealed Carry Licensing Review Board under the Firearm Concealed Carry Act, and law enforcement agency objections under the Firearm Concealed Carry Act.
|
|
(v-5) Records of the Firearm Owner's Identification
|
| Card Review Board that are exempted from disclosure under Section 10 of the Firearm Owners Identification Card Act.
|
|
(w) Personally identifiable information which is
|
| exempted from disclosure under subsection (g) of Section 19.1 of the Toll Highway Act.
|
|
(x) Information which is exempted from disclosure
|
| under Section 5-1014.3 of the Counties Code or Section 8-11-21 of the Illinois Municipal Code.
|
|
(y) Confidential information under the Adult
|
| Protective Services Act and its predecessor enabling statute, the Elder Abuse and Neglect Act, including information about the identity and administrative finding against any caregiver of a verified and substantiated decision of abuse, neglect, or financial exploitation of an eligible adult maintained in the Registry established under Section 7.5 of the Adult Protective Services Act.
|
|
(z) Records and information provided to a fatality
|
| review team or the Illinois Fatality Review Team Advisory Council under Section 15 of the Adult Protective Services Act.
|
|
(aa) Information which is exempted from disclosure
|
| under Section 2.37 of the Wildlife Code.
|
|
(bb) Information which is or was prohibited from
|
| disclosure by the Juvenile Court Act of 1987.
|
|
(cc) Recordings made under the Law Enforcement
|
| Officer-Worn Body Camera Act, except to the extent authorized under that Act.
|
|
(dd) Information that is prohibited from being
|
| disclosed under Section 45 of the Condominium and Common Interest Community Ombudsperson Act.
|
|
(ee) Information that is exempted from disclosure
|
| under Section 30.1 of the Pharmacy Practice Act.
|
|
(ff) Information that is exempted from disclosure
|
| under the Revised Uniform Unclaimed Property Act.
|
|
(gg) Information that is prohibited from being
|
| disclosed under Section 7-603.5 of the Illinois Vehicle Code.
|
|
(hh) Records that are exempt from disclosure under
|
| Section 1A-16.7 of the Election Code.
|
|
(ii) Information which is exempted from disclosure
|
| under Section 2505-800 of the Department of Revenue Law of the Civil Administrative Code of Illinois.
|
|
(jj) Information and reports that are required to be
|
| submitted to the Department of Labor by registering day and temporary labor service agencies but are exempt from disclosure under subsection (a-1) of Section 45 of the Day and Temporary Labor Services Act.
|
|
(kk) Information prohibited from disclosure under the
|
| Seizure and Forfeiture Reporting Act.
|
|
(ll) Information the disclosure of which is
|
| restricted and exempted under Section 5-30.8 of the Illinois Public Aid Code.
|
|
(mm) Records that are exempt from disclosure under
|
| Section 4.2 of the Crime Victims Compensation Act.
|
|
(nn) Information that is exempt from disclosure under
|
| Section 70 of the Higher Education Student Assistance Act.
|
|
(oo) Communications, notes, records, and reports
|
| arising out of a peer support counseling session prohibited from disclosure under the First Responders Suicide Prevention Act.
|
|
(pp) Names and all identifying information relating
|
| to an employee of an emergency services provider or law enforcement agency under the First Responders Suicide Prevention Act.
|
|
(qq) Information and records held by the Department
|
| of Public Health and its authorized representatives collected under the Reproductive Health Act.
|
|
(rr) Information that is exempt from disclosure under
|
| the Cannabis Regulation and Tax Act.
|
|
(ss) Data reported by an employer to the Department
|
| of Human Rights pursuant to Section 2-108 of the Illinois Human Rights Act.
|
|
(tt) Recordings made under the Children's Advocacy
|
| Center Act, except to the extent authorized under that Act.
|
|
(uu) Information that is exempt from disclosure under
|
| Section 50 of the Sexual Assault Evidence Submission Act.
|
|
(vv) Information that is exempt from disclosure under
|
| subsections (f) and (j) of Section 5-36 of the Illinois Public Aid Code.
|
|
(ww) Information that is exempt from disclosure under
|
| Section 16.8 of the State Treasurer Act.
|
|
(xx) Information that is exempt from disclosure or
|
| information that shall not be made public under the Illinois Insurance Code.
|
|
(yy) Information prohibited from being disclosed
|
| under the Illinois Educational Labor Relations Act.
|
|
(zz) Information prohibited from being disclosed
|
| under the Illinois Public Labor Relations Act.
|
|
(aaa) Information prohibited from being disclosed
|
| under Section 1-167 of the Illinois Pension Code.
|
|
(bbb) Information that is prohibited from disclosure
|
| by the Illinois Police Training Act and the Illinois State Police Act.
|
|
(ccc) Records exempt from disclosure under Section
|
| 2605-304 of the Illinois State Police Law of the Civil Administrative Code of Illinois.
|
|
(ddd) Information prohibited from being disclosed
|
| under Section 35 of the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act.
|
|
(eee) Information prohibited from being disclosed
|
| under subsection (b) of Section 75 of the Domestic Violence Fatality Review Act.
|
|
(fff) Images from cameras under the Expressway Camera
|
| Act. This subsection (fff) is inoperative on and after July 1, 2025.
|
|
(ggg) Information prohibited from disclosure under
|
| paragraph (3) of subsection (a) of Section 14 of the Nurse Agency Licensing Act.
|
|
(hhh) Information submitted to the Illinois State
|
| Police in an affidavit or application for an assault weapon endorsement, assault weapon attachment endorsement, .50 caliber rifle endorsement, or .50 caliber cartridge endorsement under the Firearm Owners Identification Card Act.
|
|
(iii) Data exempt from disclosure under Section 50 of
|
| the School Safety Drill Act.
|
|
(jjj) Information exempt from disclosure under
|
| Section 30 of the Insurance Data Security Law.
|
|
(kkk) Confidential business information prohibited
|
| from disclosure under Section 45 of the Paint Stewardship Act.
|
|
(lll) Data exempt from disclosure under Section
|
| 2-3.196 of the School Code.
|
|
(mmm) Information prohibited from being disclosed
|
| under subsection (e) of Section 1-129 of the Illinois Power Agency Act.
|
|
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-605, eff. 7-1-24.)
(Text of Section from P.A. 103-636)
Sec. 7.5. Statutory exemptions. To the extent provided for by the statutes referenced below, the following shall be exempt from inspection and copying:
(a) All information determined to be confidential
|
| under Section 4002 of the Technology Advancement and Development Act.
|
|
(b) Library circulation and order records identifying
|
| library users with specific materials under the Library Records Confidentiality Act.
|
|
(c) Applications, related documents, and medical
|
| records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received.
|
|
(d) Information and records held by the Department of
|
| Public Health and its authorized representatives relating to known or suspected cases of sexually transmissible disease or any information the disclosure of which is restricted under the Illinois Sexually Transmissible Disease Control Act.
|
|
(e) Information the disclosure of which is exempted
|
| under Section 30 of the Radon Industry Licensing Act.
|
|
(f) Firm performance evaluations under Section 55 of
|
| the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.
|
|
(g) Information the disclosure of which is restricted
|
| and exempted under Section 50 of the Illinois Prepaid Tuition Act.
|
|
(h) Information the disclosure of which is exempted
|
| under the State Officials and Employees Ethics Act, and records of any lawfully created State or local inspector general's office that would be exempt if created or obtained by an Executive Inspector General's office under that Act.
|
|
(i) Information contained in a local emergency energy
|
| plan submitted to a municipality in accordance with a local emergency energy plan ordinance that is adopted under Section 11-21.5-5 of the Illinois Municipal Code.
|
|
(j) Information and data concerning the distribution
|
| of surcharge moneys collected and remitted by carriers under the Emergency Telephone System Act.
|
|
(k) Law enforcement officer identification
|
| information or driver identification information compiled by a law enforcement agency or the Department of Transportation under Section 11-212 of the Illinois Vehicle Code.
|
|
(l) Records and information provided to a residential
|
| health care facility resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.
|
|
(m) Information provided to the predatory lending
|
| database created pursuant to Article 3 of the Residential Real Property Disclosure Act, except to the extent authorized under that Article.
|
|
(n) Defense budgets and petitions for certification
|
| of compensation and expenses for court appointed trial counsel as provided under Sections 10 and 15 of the Capital Crimes Litigation Act (repealed). This subsection (n) shall apply until the conclusion of the trial of the case, even if the prosecution chooses not to pursue the death penalty prior to trial or sentencing.
|
|
(o) Information that is prohibited from being
|
| disclosed under Section 4 of the Illinois Health and Hazardous Substances Registry Act.
|
|
(p) Security portions of system safety program plans,
|
| investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Department of Transportation under Sections 2705-300 and 2705-616 of the Department of Transportation Law of the Civil Administrative Code of Illinois, the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act, or the St. Clair County Transit District under the Bi-State Transit Safety Act (repealed).
|
|
(q) Information prohibited from being disclosed by
|
| the Personnel Record Review Act.
|
|
(r) Information prohibited from being disclosed by
|
| the Illinois School Student Records Act.
|
|
(s) Information the disclosure of which is restricted
|
| under Section 5-108 of the Public Utilities Act.
|
|
(t) (Blank).
(u) Records and information provided to an
|
| independent team of experts under the Developmental Disability and Mental Health Safety Act (also known as Brian's Law).
|
|
(v) Names and information of people who have applied
|
| for or received Firearm Owner's Identification Cards under the Firearm Owners Identification Card Act or applied for or received a concealed carry license under the Firearm Concealed Carry Act, unless otherwise authorized by the Firearm Concealed Carry Act; and databases under the Firearm Concealed Carry Act, records of the Concealed Carry Licensing Review Board under the Firearm Concealed Carry Act, and law enforcement agency objections under the Firearm Concealed Carry Act.
|
|
(v-5) Records of the Firearm Owner's Identification
|
| Card Review Board that are exempted from disclosure under Section 10 of the Firearm Owners Identification Card Act.
|
|
(w) Personally identifiable information which is
|
| exempted from disclosure under subsection (g) of Section 19.1 of the Toll Highway Act.
|
|
(x) Information which is exempted from disclosure
|
| under Section 5-1014.3 of the Counties Code or Section 8-11-21 of the Illinois Municipal Code.
|
|
(y) Confidential information under the Adult
|
| Protective Services Act and its predecessor enabling statute, the Elder Abuse and Neglect Act, including information about the identity and administrative finding against any caregiver of a verified and substantiated decision of abuse, neglect, or financial exploitation of an eligible adult maintained in the Registry established under Section 7.5 of the Adult Protective Services Act.
|
|
(z) Records and information provided to a fatality
|
| review team or the Illinois Fatality Review Team Advisory Council under Section 15 of the Adult Protective Services Act.
|
|
(aa) Information which is exempted from disclosure
|
| under Section 2.37 of the Wildlife Code.
|
|
(bb) Information which is or was prohibited from
|
| disclosure by the Juvenile Court Act of 1987.
|
|
(cc) Recordings made under the Law Enforcement
|
| Officer-Worn Body Camera Act, except to the extent authorized under that Act.
|
|
(dd) Information that is prohibited from being
|
| disclosed under Section 45 of the Condominium and Common Interest Community Ombudsperson Act.
|
|
(ee) Information that is exempted from disclosure
|
| under Section 30.1 of the Pharmacy Practice Act.
|
|
(ff) Information that is exempted from disclosure
|
| under the Revised Uniform Unclaimed Property Act.
|
|
(gg) Information that is prohibited from being
|
| disclosed under Section 7-603.5 of the Illinois Vehicle Code.
|
|
(hh) Records that are exempt from disclosure under
|
| Section 1A-16.7 of the Election Code.
|
|
(ii) Information which is exempted from disclosure
|
| under Section 2505-800 of the Department of Revenue Law of the Civil Administrative Code of Illinois.
|
|
(jj) Information and reports that are required to be
|
| submitted to the Department of Labor by registering day and temporary labor service agencies but are exempt from disclosure under subsection (a-1) of Section 45 of the Day and Temporary Labor Services Act.
|
|
(kk) Information prohibited from disclosure under the
|
| Seizure and Forfeiture Reporting Act.
|
|
(ll) Information the disclosure of which is
|
| restricted and exempted under Section 5-30.8 of the Illinois Public Aid Code.
|
|
(mm) Records that are exempt from disclosure under
|
| Section 4.2 of the Crime Victims Compensation Act.
|
|
(nn) Information that is exempt from disclosure under
|
| Section 70 of the Higher Education Student Assistance Act.
|
|
(oo) Communications, notes, records, and reports
|
| arising out of a peer support counseling session prohibited from disclosure under the First Responders Suicide Prevention Act.
|
|
(pp) Names and all identifying information relating
|
| to an employee of an emergency services provider or law enforcement agency under the First Responders Suicide Prevention Act.
|
|
(qq) Information and records held by the Department
|
| of Public Health and its authorized representatives collected under the Reproductive Health Act.
|
|
(rr) Information that is exempt from disclosure under
|
| the Cannabis Regulation and Tax Act.
|
|
(ss) Data reported by an employer to the Department
|
| of Human Rights pursuant to Section 2-108 of the Illinois Human Rights Act.
|
|
(tt) Recordings made under the Children's Advocacy
|
| Center Act, except to the extent authorized under that Act.
|
|
(uu) Information that is exempt from disclosure under
|
| Section 50 of the Sexual Assault Evidence Submission Act.
|
|
(vv) Information that is exempt from disclosure under
|
| subsections (f) and (j) of Section 5-36 of the Illinois Public Aid Code.
|
|
(ww) Information that is exempt from disclosure under
|
| Section 16.8 of the State Treasurer Act.
|
|
(xx) Information that is exempt from disclosure or
|
| information that shall not be made public under the Illinois Insurance Code.
|
|
(yy) Information prohibited from being disclosed
|
| under the Illinois Educational Labor Relations Act.
|
|
(zz) Information prohibited from being disclosed
|
| under the Illinois Public Labor Relations Act.
|
|
(aaa) Information prohibited from being disclosed
|
| under Section 1-167 of the Illinois Pension Code.
|
|
(bbb) Information that is prohibited from disclosure
|
| by the Illinois Police Training Act and the Illinois State Police Act.
|
|
(ccc) Records exempt from disclosure under Section
|
| 2605-304 of the Illinois State Police Law of the Civil Administrative Code of Illinois.
|
|
(ddd) Information prohibited from being disclosed
|
| under Section 35 of the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act.
|
|
(eee) Information prohibited from being disclosed
|
| under subsection (b) of Section 75 of the Domestic Violence Fatality Review Act.
|
|
(fff) Images from cameras under the Expressway Camera
|
| Act. This subsection (fff) is inoperative on and after July 1, 2025.
|
|
(ggg) Information prohibited from disclosure under
|
| paragraph (3) of subsection (a) of Section 14 of the Nurse Agency Licensing Act.
|
|
(hhh) Information submitted to the Illinois State
|
| Police in an affidavit or application for an assault weapon endorsement, assault weapon attachment endorsement, .50 caliber rifle endorsement, or .50 caliber cartridge endorsement under the Firearm Owners Identification Card Act.
|
|
(iii) Data exempt from disclosure under Section 50 of
|
| the School Safety Drill Act.
|
|
(jjj) Information exempt from disclosure under
|
| Section 30 of the Insurance Data Security Law.
|
|
(kkk) Confidential business information prohibited
|
| from disclosure under Section 45 of the Paint Stewardship Act.
|
|
(lll) Data exempt from disclosure under Section
|
| 2-3.196 of the School Code.
|
|
(mmm) Information prohibited from being disclosed
|
| under subsection (e) of Section 1-129 of the Illinois Power Agency Act.
|
|
(nnn) Data or information provided pursuant to
|
| Section 20 of the Statewide Recycling Needs and Assessment Act.
|
|
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-636, eff. 7-1-24.)
(Text of Section from P.A. 103-724)
Sec. 7.5. Statutory exemptions. To the extent provided for by the statutes referenced below, the following shall be exempt from inspection and copying:
(a) All information determined to be confidential
|
| under Section 4002 of the Technology Advancement and Development Act.
|
|
(b) Library circulation and order records identifying
|
| library users with specific materials under the Library Records Confidentiality Act.
|
|
(c) Applications, related documents, and medical
|
| records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received.
|
|
(d) Information and records held by the Department of
|
| Public Health and its authorized representatives relating to known or suspected cases of sexually transmissible disease or any information the disclosure of which is restricted under the Illinois Sexually Transmissible Disease Control Act.
|
|
(e) Information the disclosure of which is exempted
|
| under Section 30 of the Radon Industry Licensing Act.
|
|
(f) Firm performance evaluations under Section 55 of
|
| the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.
|
|
(g) Information the disclosure of which is restricted
|
| and exempted under Section 50 of the Illinois Prepaid Tuition Act.
|
|
(h) Information the disclosure of which is exempted
|
| under the State Officials and Employees Ethics Act, and records of any lawfully created State or local inspector general's office that would be exempt if created or obtained by an Executive Inspector General's office under that Act.
|
|
(i) Information contained in a local emergency energy
|
| plan submitted to a municipality in accordance with a local emergency energy plan ordinance that is adopted under Section 11-21.5-5 of the Illinois Municipal Code.
|
|
(j) Information and data concerning the distribution
|
| of surcharge moneys collected and remitted by carriers under the Emergency Telephone System Act.
|
|
(k) Law enforcement officer identification
|
| information or driver identification information compiled by a law enforcement agency or the Department of Transportation under Section 11-212 of the Illinois Vehicle Code.
|
|
(l) Records and information provided to a residential
|
| health care facility resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.
|
|
(m) Information provided to the predatory lending
|
| database created pursuant to Article 3 of the Residential Real Property Disclosure Act, except to the extent authorized under that Article.
|
|
(n) Defense budgets and petitions for certification
|
| of compensation and expenses for court appointed trial counsel as provided under Sections 10 and 15 of the Capital Crimes Litigation Act (repealed). This subsection (n) shall apply until the conclusion of the trial of the case, even if the prosecution chooses not to pursue the death penalty prior to trial or sentencing.
|
|
(o) Information that is prohibited from being
|
| disclosed under Section 4 of the Illinois Health and Hazardous Substances Registry Act.
|
|
(p) Security portions of system safety program plans,
|
| investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Department of Transportation under Sections 2705-300 and 2705-616 of the Department of Transportation Law of the Civil Administrative Code of Illinois, the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act, or the St. Clair County Transit District under the Bi-State Transit Safety Act (repealed).
|
|
(q) Information prohibited from being disclosed by
|
| the Personnel Record Review Act.
|
|
(r) Information prohibited from being disclosed by
|
| the Illinois School Student Records Act.
|
|
(s) Information the disclosure of which is restricted
|
| under Section 5-108 of the Public Utilities Act.
|
|
(t) (Blank).
(u) Records and information provided to an
|
| independent team of experts under the Developmental Disability and Mental Health Safety Act (also known as Brian's Law).
|
|
(v) Names and information of people who have applied
|
| for or received Firearm Owner's Identification Cards under the Firearm Owners Identification Card Act or applied for or received a concealed carry license under the Firearm Concealed Carry Act, unless otherwise authorized by the Firearm Concealed Carry Act; and databases under the Firearm Concealed Carry Act, records of the Concealed Carry Licensing Review Board under the Firearm Concealed Carry Act, and law enforcement agency objections under the Firearm Concealed Carry Act.
|
|
(v-5) Records of the Firearm Owner's Identification
|
| Card Review Board that are exempted from disclosure under Section 10 of the Firearm Owners Identification Card Act.
|
|
(w) Personally identifiable information which is
|
| exempted from disclosure under subsection (g) of Section 19.1 of the Toll Highway Act.
|
|
(x) Information which is exempted from disclosure
|
| under Section 5-1014.3 of the Counties Code or Section 8-11-21 of the Illinois Municipal Code.
|
|
(y) Confidential information under the Adult
|
| Protective Services Act and its predecessor enabling statute, the Elder Abuse and Neglect Act, including information about the identity and administrative finding against any caregiver of a verified and substantiated decision of abuse, neglect, or financial exploitation of an eligible adult maintained in the Registry established under Section 7.5 of the Adult Protective Services Act.
|
|
(z) Records and information provided to a fatality
|
| review team or the Illinois Fatality Review Team Advisory Council under Section 15 of the Adult Protective Services Act.
|
|
(aa) Information which is exempted from disclosure
|
| under Section 2.37 of the Wildlife Code.
|
|
(bb) Information which is or was prohibited from
|
| disclosure by the Juvenile Court Act of 1987.
|
|
(cc) Recordings made under the Law Enforcement
|
| Officer-Worn Body Camera Act, except to the extent authorized under that Act.
|
|
(dd) Information that is prohibited from being
|
| disclosed under Section 45 of the Condominium and Common Interest Community Ombudsperson Act.
|
|
(ee) Information that is exempted from disclosure
|
| under Section 30.1 of the Pharmacy Practice Act.
|
|
(ff) Information that is exempted from disclosure
|
| under the Revised Uniform Unclaimed Property Act.
|
|
(gg) Information that is prohibited from being
|
| disclosed under Section 7-603.5 of the Illinois Vehicle Code.
|
|
(hh) Records that are exempt from disclosure under
|
| Section 1A-16.7 of the Election Code.
|
|
(ii) Information which is exempted from disclosure
|
| under Section 2505-800 of the Department of Revenue Law of the Civil Administrative Code of Illinois.
|
|
(jj) Information and reports that are required to be
|
| submitted to the Department of Labor by registering day and temporary labor service agencies but are exempt from disclosure under subsection (a-1) of Section 45 of the Day and Temporary Labor Services Act.
|
|
(kk) Information prohibited from disclosure under the
|
| Seizure and Forfeiture Reporting Act.
|
|
(ll) Information the disclosure of which is
|
| restricted and exempted under Section 5-30.8 of the Illinois Public Aid Code.
|
|
(mm) Records that are exempt from disclosure under
|
| Section 4.2 of the Crime Victims Compensation Act.
|
|
(nn) Information that is exempt from disclosure under
|
| Section 70 of the Higher Education Student Assistance Act.
|
|
(oo) Communications, notes, records, and reports
|
| arising out of a peer support counseling session prohibited from disclosure under the First Responders Suicide Prevention Act.
|
|
(pp) Names and all identifying information relating
|
| to an employee of an emergency services provider or law enforcement agency under the First Responders Suicide Prevention Act.
|
|
(qq) Information and records held by the Department
|
| of Public Health and its authorized representatives collected under the Reproductive Health Act.
|
|
(rr) Information that is exempt from disclosure under
|
| the Cannabis Regulation and Tax Act.
|
|
(ss) Data reported by an employer to the Department
|
| of Human Rights pursuant to Section 2-108 of the Illinois Human Rights Act.
|
|
(tt) Recordings made under the Children's Advocacy
|
| Center Act, except to the extent authorized under that Act.
|
|
(uu) Information that is exempt from disclosure under
|
| Section 50 of the Sexual Assault Evidence Submission Act.
|
|
(vv) Information that is exempt from disclosure under
|
| subsections (f) and (j) of Section 5-36 of the Illinois Public Aid Code.
|
|
(ww) Information that is exempt from disclosure under
|
| Section 16.8 of the State Treasurer Act.
|
|
(xx) Information that is exempt from disclosure or
|
| information that shall not be made public under the Illinois Insurance Code.
|
|
(yy) Information prohibited from being disclosed
|
| under the Illinois Educational Labor Relations Act.
|
|
(zz) Information prohibited from being disclosed
|
| under the Illinois Public Labor Relations Act.
|
|
(aaa) Information prohibited from being disclosed
|
| under Section 1-167 of the Illinois Pension Code.
|
|
(bbb) Information that is prohibited from disclosure
|
| by the Illinois Police Training Act and the Illinois State Police Act.
|
|
(ccc) Records exempt from disclosure under Section
|
| 2605-304 of the Illinois State Police Law of the Civil Administrative Code of Illinois.
|
|
(ddd) Information prohibited from being disclosed
|
| under Section 35 of the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act.
|
|
(eee) Information prohibited from being disclosed
|
| under subsection (b) of Section 75 of the Domestic Violence Fatality Review Act.
|
|
(fff) Images from cameras under the Expressway Camera
|
| Act. This subsection (fff) is inoperative on and after July 1, 2025.
|
|
(ggg) Information prohibited from disclosure under
|
| paragraph (3) of subsection (a) of Section 14 of the Nurse Agency Licensing Act.
|
|
(hhh) Information submitted to the Illinois State
|
| Police in an affidavit or application for an assault weapon endorsement, assault weapon attachment endorsement, .50 caliber rifle endorsement, or .50 caliber cartridge endorsement under the Firearm Owners Identification Card Act.
|
|
(iii) Data exempt from disclosure under Section 50 of
|
| the School Safety Drill Act.
|
|
(jjj) Information exempt from disclosure under
|
| Section 30 of the Insurance Data Security Law.
|
|
(kkk) Confidential business information prohibited
|
| from disclosure under Section 45 of the Paint Stewardship Act.
|
|
(lll) Data exempt from disclosure under Section
|
| 2-3.196 of the School Code.
|
|
(mmm) Information prohibited from being disclosed
|
| under subsection (e) of Section 1-129 of the Illinois Power Agency Act.
|
|
(nnn) Information exempt from disclosure under
|
| Section 40 of the Student-Athlete Endorsement Rights Act.
|
|
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-724, eff. 1-1-25.)
(Text of Section from P.A. 103-786)
Sec. 7.5. Statutory exemptions. To the extent provided for by the statutes referenced below, the following shall be exempt from inspection and copying:
(a) All information determined to be confidential
|
| under Section 4002 of the Technology Advancement and Development Act.
|
|
(b) Library circulation and order records identifying
|
| library users with specific materials under the Library Records Confidentiality Act.
|
|
(c) Applications, related documents, and medical
|
| records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received.
|
|
(d) Information and records held by the Department of
|
| Public Health and its authorized representatives relating to known or suspected cases of sexually transmissible disease or any information the disclosure of which is restricted under the Illinois Sexually Transmissible Disease Control Act.
|
|
(e) Information the disclosure of which is exempted
|
| under Section 30 of the Radon Industry Licensing Act.
|
|
(f) Firm performance evaluations under Section 55 of
|
| the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.
|
|
(g) Information the disclosure of which is restricted
|
| and exempted under Section 50 of the Illinois Prepaid Tuition Act.
|
|
(h) Information the disclosure of which is exempted
|
| under the State Officials and Employees Ethics Act, and records of any lawfully created State or local inspector general's office that would be exempt if created or obtained by an Executive Inspector General's office under that Act.
|
|
(i) Information contained in a local emergency energy
|
| plan submitted to a municipality in accordance with a local emergency energy plan ordinance that is adopted under Section 11-21.5-5 of the Illinois Municipal Code.
|
|
(j) Information and data concerning the distribution
|
| of surcharge moneys collected and remitted by carriers under the Emergency Telephone System Act.
|
|
(k) Law enforcement officer identification
|
| information or driver identification information compiled by a law enforcement agency or the Department of Transportation under Section 11-212 of the Illinois Vehicle Code.
|
|
(l) Records and information provided to a residential
|
| health care facility resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.
|
|
(m) Information provided to the predatory lending
|
| database created pursuant to Article 3 of the Residential Real Property Disclosure Act, except to the extent authorized under that Article.
|
|
(n) Defense budgets and petitions for certification
|
| of compensation and expenses for court appointed trial counsel as provided under Sections 10 and 15 of the Capital Crimes Litigation Act (repealed). This subsection (n) shall apply until the conclusion of the trial of the case, even if the prosecution chooses not to pursue the death penalty prior to trial or sentencing.
|
|
(o) Information that is prohibited from being
|
| disclosed under Section 4 of the Illinois Health and Hazardous Substances Registry Act.
|
|
(p) Security portions of system safety program plans,
|
| investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Department of Transportation under Sections 2705-300 and 2705-616 of the Department of Transportation Law of the Civil Administrative Code of Illinois, the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act, or the St. Clair County Transit District under the Bi-State Transit Safety Act (repealed).
|
|
(q) Information prohibited from being disclosed by
|
| the Personnel Record Review Act.
|
|
(r) Information prohibited from being disclosed by
|
| the Illinois School Student Records Act.
|
|
(s) Information the disclosure of which is restricted
|
| under Section 5-108 of the Public Utilities Act.
|
|
(t) (Blank).
(u) Records and information provided to an
|
| independent team of experts under the Developmental Disability and Mental Health Safety Act (also known as Brian's Law).
|
|
(v) Names and information of people who have applied
|
| for or received Firearm Owner's Identification Cards under the Firearm Owners Identification Card Act or applied for or received a concealed carry license under the Firearm Concealed Carry Act, unless otherwise authorized by the Firearm Concealed Carry Act; and databases under the Firearm Concealed Carry Act, records of the Concealed Carry Licensing Review Board under the Firearm Concealed Carry Act, and law enforcement agency objections under the Firearm Concealed Carry Act.
|
|
(v-5) Records of the Firearm Owner's Identification
|
| Card Review Board that are exempted from disclosure under Section 10 of the Firearm Owners Identification Card Act.
|
|
(w) Personally identifiable information which is
|
| exempted from disclosure under subsection (g) of Section 19.1 of the Toll Highway Act.
|
|
(x) Information which is exempted from disclosure
|
| under Section 5-1014.3 of the Counties Code or Section 8-11-21 of the Illinois Municipal Code.
|
|
(y) Confidential information under the Adult
|
| Protective Services Act and its predecessor enabling statute, the Elder Abuse and Neglect Act, including information about the identity and administrative finding against any caregiver of a verified and substantiated decision of abuse, neglect, or financial exploitation of an eligible adult maintained in the Registry established under Section 7.5 of the Adult Protective Services Act.
|
|
(z) Records and information provided to a fatality
|
| review team or the Illinois Fatality Review Team Advisory Council under Section 15 of the Adult Protective Services Act.
|
|
(aa) Information which is exempted from disclosure
|
| under Section 2.37 of the Wildlife Code.
|
|
(bb) Information which is or was prohibited from
|
| disclosure by the Juvenile Court Act of 1987.
|
|
(cc) Recordings made under the Law Enforcement
|
| Officer-Worn Body Camera Act, except to the extent authorized under that Act.
|
|
(dd) Information that is prohibited from being
|
| disclosed under Section 45 of the Condominium and Common Interest Community Ombudsperson Act.
|
|
(ee) Information that is exempted from disclosure
|
| under Section 30.1 of the Pharmacy Practice Act.
|
|
(ff) Information that is exempted from disclosure
|
| under the Revised Uniform Unclaimed Property Act.
|
|
(gg) Information that is prohibited from being
|
| disclosed under Section 7-603.5 of the Illinois Vehicle Code.
|
|
(hh) Records that are exempt from disclosure under
|
| Section 1A-16.7 of the Election Code.
|
|
(ii) Information which is exempted from disclosure
|
| under Section 2505-800 of the Department of Revenue Law of the Civil Administrative Code of Illinois.
|
|
(jj) Information and reports that are required to be
|
| submitted to the Department of Labor by registering day and temporary labor service agencies but are exempt from disclosure under subsection (a-1) of Section 45 of the Day and Temporary Labor Services Act.
|
|
(kk) Information prohibited from disclosure under the
|
| Seizure and Forfeiture Reporting Act.
|
|
(ll) Information the disclosure of which is
|
| restricted and exempted under Section 5-30.8 of the Illinois Public Aid Code.
|
|
(mm) Records that are exempt from disclosure under
|
| Section 4.2 of the Crime Victims Compensation Act.
|
|
(nn) Information that is exempt from disclosure under
|
| Section 70 of the Higher Education Student Assistance Act.
|
|
(oo) Communications, notes, records, and reports
|
| arising out of a peer support counseling session prohibited from disclosure under the First Responders Suicide Prevention Act.
|
|
(pp) Names and all identifying information relating
|
| to an employee of an emergency services provider or law enforcement agency under the First Responders Suicide Prevention Act.
|
|
(qq) Information and records held by the Department
|
| of Public Health and its authorized representatives collected under the Reproductive Health Act.
|
|
(rr) Information that is exempt from disclosure under
|
| the Cannabis Regulation and Tax Act.
|
|
(ss) Data reported by an employer to the Department
|
| of Human Rights pursuant to Section 2-108 of the Illinois Human Rights Act.
|
|
(tt) Recordings made under the Children's Advocacy
|
| Center Act, except to the extent authorized under that Act.
|
|
(uu) Information that is exempt from disclosure under
|
| Section 50 of the Sexual Assault Evidence Submission Act.
|
|
(vv) Information that is exempt from disclosure under
|
| subsections (f) and (j) of Section 5-36 of the Illinois Public Aid Code.
|
|
(ww) Information that is exempt from disclosure under
|
| Section 16.8 of the State Treasurer Act.
|
|
(xx) Information that is exempt from disclosure or
|
| information that shall not be made public under the Illinois Insurance Code.
|
|
(yy) Information prohibited from being disclosed
|
| under the Illinois Educational Labor Relations Act.
|
|
(zz) Information prohibited from being disclosed
|
| under the Illinois Public Labor Relations Act.
|
|
(aaa) Information prohibited from being disclosed
|
| under Section 1-167 of the Illinois Pension Code.
|
|
(bbb) Information that is prohibited from disclosure
|
| by the Illinois Police Training Act and the Illinois State Police Act.
|
|
(ccc) Records exempt from disclosure under Section
|
| 2605-304 of the Illinois State Police Law of the Civil Administrative Code of Illinois.
|
|
(ddd) Information prohibited from being disclosed
|
| under Section 35 of the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act.
|
|
(eee) Information prohibited from being disclosed
|
| under subsection (b) of Section 75 of the Domestic Violence Fatality Review Act.
|
|
(fff) Images from cameras under the Expressway Camera
|
| Act. This subsection (fff) is inoperative on and after July 1, 2025.
|
|
(ggg) Information prohibited from disclosure under
|
| paragraph (3) of subsection (a) of Section 14 of the Nurse Agency Licensing Act.
|
|
(hhh) Information submitted to the Illinois State
|
| Police in an affidavit or application for an assault weapon endorsement, assault weapon attachment endorsement, .50 caliber rifle endorsement, or .50 caliber cartridge endorsement under the Firearm Owners Identification Card Act.
|
|
(iii) Data exempt from disclosure under Section 50 of
|
| the School Safety Drill Act.
|
|
(jjj) Information exempt from disclosure under
|
| Section 30 of the Insurance Data Security Law.
|
|
(kkk) Confidential business information prohibited
|
| from disclosure under Section 45 of the Paint Stewardship Act.
|
|
(lll) Data exempt from disclosure under Section
|
| 2-3.196 of the School Code.
|
|
(mmm) Information prohibited from being disclosed
|
| under subsection (e) of Section 1-129 of the Illinois Power Agency Act.
|
|
(nnn) Information that is exempt from disclosure
|
| under Section 28-11 of the Lawful Health Care Activity Act.
|
|
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-786, eff. 8-7-24.)
(Text of Section from P.A. 103-859)
Sec. 7.5. Statutory exemptions. To the extent provided for by the statutes referenced below, the following shall be exempt from inspection and copying:
(a) All information determined to be confidential
|
| under Section 4002 of the Technology Advancement and Development Act.
|
|
(b) Library circulation and order records identifying
|
| library users with specific materials under the Library Records Confidentiality Act.
|
|
(c) Applications, related documents, and medical
|
| records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received.
|
|
(d) Information and records held by the Department of
|
| Public Health and its authorized representatives relating to known or suspected cases of sexually transmissible disease or any information the disclosure of which is restricted under the Illinois Sexually Transmissible Disease Control Act.
|
|
(e) Information the disclosure of which is exempted
|
| under Section 30 of the Radon Industry Licensing Act.
|
|
(f) Firm performance evaluations under Section 55 of
|
| the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.
|
|
(g) Information the disclosure of which is restricted
|
| and exempted under Section 50 of the Illinois Prepaid Tuition Act.
|
|
(h) Information the disclosure of which is exempted
|
| under the State Officials and Employees Ethics Act, and records of any lawfully created State or local inspector general's office that would be exempt if created or obtained by an Executive Inspector General's office under that Act.
|
|
(i) Information contained in a local emergency energy
|
| plan submitted to a municipality in accordance with a local emergency energy plan ordinance that is adopted under Section 11-21.5-5 of the Illinois Municipal Code.
|
|
(j) Information and data concerning the distribution
|
| of surcharge moneys collected and remitted by carriers under the Emergency Telephone System Act.
|
|
(k) Law enforcement officer identification
|
| information or driver identification information compiled by a law enforcement agency or the Department of Transportation under Section 11-212 of the Illinois Vehicle Code.
|
|
(l) Records and information provided to a residential
|
| health care facility resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.
|
|
(m) Information provided to the predatory lending
|
| database created pursuant to Article 3 of the Residential Real Property Disclosure Act, except to the extent authorized under that Article.
|
|
(n) Defense budgets and petitions for certification
|
| of compensation and expenses for court appointed trial counsel as provided under Sections 10 and 15 of the Capital Crimes Litigation Act (repealed). This subsection (n) shall apply until the conclusion of the trial of the case, even if the prosecution chooses not to pursue the death penalty prior to trial or sentencing.
|
|
(o) Information that is prohibited from being
|
| disclosed under Section 4 of the Illinois Health and Hazardous Substances Registry Act.
|
|
(p) Security portions of system safety program plans,
|
| investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Department of Transportation under Sections 2705-300 and 2705-616 of the Department of Transportation Law of the Civil Administrative Code of Illinois, the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act, or the St. Clair County Transit District under the Bi-State Transit Safety Act (repealed).
|
|
(q) Information prohibited from being disclosed by
|
| the Personnel Record Review Act.
|
|
(r) Information prohibited from being disclosed by
|
| the Illinois School Student Records Act.
|
|
(s) Information the disclosure of which is restricted
|
| under Section 5-108 of the Public Utilities Act.
|
|
(t) (Blank).
(u) Records and information provided to an
|
| independent team of experts under the Developmental Disability and Mental Health Safety Act (also known as Brian's Law).
|
|
(v) Names and information of people who have applied
|
| for or received Firearm Owner's Identification Cards under the Firearm Owners Identification Card Act or applied for or received a concealed carry license under the Firearm Concealed Carry Act, unless otherwise authorized by the Firearm Concealed Carry Act; and databases under the Firearm Concealed Carry Act, records of the Concealed Carry Licensing Review Board under the Firearm Concealed Carry Act, and law enforcement agency objections under the Firearm Concealed Carry Act.
|
|
(v-5) Records of the Firearm Owner's Identification
|
| Card Review Board that are exempted from disclosure under Section 10 of the Firearm Owners Identification Card Act.
|
|
(w) Personally identifiable information which is
|
| exempted from disclosure under subsection (g) of Section 19.1 of the Toll Highway Act.
|
|
(x) Information which is exempted from disclosure
|
| under Section 5-1014.3 of the Counties Code or Section 8-11-21 of the Illinois Municipal Code.
|
|
(y) Confidential information under the Adult
|
| Protective Services Act and its predecessor enabling statute, the Elder Abuse and Neglect Act, including information about the identity and administrative finding against any caregiver of a verified and substantiated decision of abuse, neglect, or financial exploitation of an eligible adult maintained in the Registry established under Section 7.5 of the Adult Protective Services Act.
|
|
(z) Records and information provided to a fatality
|
| review team or the Illinois Fatality Review Team Advisory Council under Section 15 of the Adult Protective Services Act.
|
|
(aa) Information which is exempted from disclosure
|
| under Section 2.37 of the Wildlife Code.
|
|
(bb) Information which is or was prohibited from
|
| disclosure by the Juvenile Court Act of 1987.
|
|
(cc) Recordings made under the Law Enforcement
|
| Officer-Worn Body Camera Act, except to the extent authorized under that Act.
|
|
(dd) Information that is prohibited from being
|
| disclosed under Section 45 of the Condominium and Common Interest Community Ombudsperson Act.
|
|
(ee) Information that is exempted from disclosure
|
| under Section 30.1 of the Pharmacy Practice Act.
|
|
(ff) Information that is exempted from disclosure
|
| under the Revised Uniform Unclaimed Property Act.
|
|
(gg) Information that is prohibited from being
|
| disclosed under Section 7-603.5 of the Illinois Vehicle Code.
|
|
(hh) Records that are exempt from disclosure under
|
| Section 1A-16.7 of the Election Code.
|
|
(ii) Information which is exempted from disclosure
|
| under Section 2505-800 of the Department of Revenue Law of the Civil Administrative Code of Illinois.
|
|
(jj) Information and reports that are required to be
|
| submitted to the Department of Labor by registering day and temporary labor service agencies but are exempt from disclosure under subsection (a-1) of Section 45 of the Day and Temporary Labor Services Act.
|
|
(kk) Information prohibited from disclosure under the
|
| Seizure and Forfeiture Reporting Act.
|
|
(ll) Information the disclosure of which is
|
| restricted and exempted under Section 5-30.8 of the Illinois Public Aid Code.
|
|
(mm) Records that are exempt from disclosure under
|
| Section 4.2 of the Crime Victims Compensation Act.
|
|
(nn) Information that is exempt from disclosure under
|
| Section 70 of the Higher Education Student Assistance Act.
|
|
(oo) Communications, notes, records, and reports
|
| arising out of a peer support counseling session prohibited from disclosure under the First Responders Suicide Prevention Act.
|
|
(pp) Names and all identifying information relating
|
| to an employee of an emergency services provider or law enforcement agency under the First Responders Suicide Prevention Act.
|
|
(qq) Information and records held by the Department
|
| of Public Health and its authorized representatives collected under the Reproductive Health Act.
|
|
(rr) Information that is exempt from disclosure under
|
| the Cannabis Regulation and Tax Act.
|
|
(ss) Data reported by an employer to the Department
|
| of Human Rights pursuant to Section 2-108 of the Illinois Human Rights Act.
|
|
(tt) Recordings made under the Children's Advocacy
|
| Center Act, except to the extent authorized under that Act.
|
|
(uu) Information that is exempt from disclosure under
|
| Section 50 of the Sexual Assault Evidence Submission Act.
|
|
(vv) Information that is exempt from disclosure under
|
| subsections (f) and (j) of Section 5-36 of the Illinois Public Aid Code.
|
|
(ww) Information that is exempt from disclosure under
|
| Section 16.8 of the State Treasurer Act.
|
|
(xx) Information that is exempt from disclosure or
|
| information that shall not be made public under the Illinois Insurance Code.
|
|
(yy) Information prohibited from being disclosed
|
| under the Illinois Educational Labor Relations Act.
|
|
(zz) Information prohibited from being disclosed
|
| under the Illinois Public Labor Relations Act.
|
|
(aaa) Information prohibited from being disclosed
|
| under Section 1-167 of the Illinois Pension Code.
|
|
(bbb) Information that is prohibited from disclosure
|
| by the Illinois Police Training Act and the Illinois State Police Act.
|
|
(ccc) Records exempt from disclosure under Section
|
| 2605-304 of the Illinois State Police Law of the Civil Administrative Code of Illinois.
|
|
(ddd) Information prohibited from being disclosed
|
| under Section 35 of the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act.
|
|
(eee) Information prohibited from being disclosed
|
| under subsection (b) of Section 75 of the Domestic Violence Fatality Review Act.
|
|
(fff) Images from cameras under the Expressway Camera
|
| Act. This subsection (fff) is inoperative on and after July 1, 2025.
|
|
(ggg) Information prohibited from disclosure under
|
| paragraph (3) of subsection (a) of Section 14 of the Nurse Agency Licensing Act.
|
|
(hhh) Information submitted to the Illinois State
|
| Police in an affidavit or application for an assault weapon endorsement, assault weapon attachment endorsement, .50 caliber rifle endorsement, or .50 caliber cartridge endorsement under the Firearm Owners Identification Card Act.
|
|
(iii) Data exempt from disclosure under Section 50 of
|
| the School Safety Drill Act.
|
|
(jjj) Information exempt from disclosure under
|
| Section 30 of the Insurance Data Security Law.
|
|
(kkk) Confidential business information prohibited
|
| from disclosure under Section 45 of the Paint Stewardship Act.
|
|
(lll) Data exempt from disclosure under Section
|
| 2-3.196 of the School Code.
|
|
(mmm) Information prohibited from being disclosed
|
| under subsection (e) of Section 1-129 of the Illinois Power Agency Act.
|
|
(nnn) Information that is exempt from disclosure
|
| under Section 7-101 of the Illinois Human Rights Act.
|
|
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-859, eff. 8-9-24.)
(Text of Section from P.A. 103-991)
Sec. 7.5. Statutory exemptions. To the extent provided for by the statutes referenced below, the following shall be exempt from inspection and copying:
(a) All information determined to be confidential
|
| under Section 4002 of the Technology Advancement and Development Act.
|
|
(b) Library circulation and order records identifying
|
| library users with specific materials under the Library Records Confidentiality Act.
|
|
(c) Applications, related documents, and medical
|
| records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received.
|
|
(d) Information and records held by the Department of
|
| Public Health and its authorized representatives relating to known or suspected cases of sexually transmissible disease or any information the disclosure of which is restricted under the Illinois Sexually Transmissible Disease Control Act.
|
|
(e) Information the disclosure of which is exempted
|
| under Section 30 of the Radon Industry Licensing Act.
|
|
(f) Firm performance evaluations under Section 55 of
|
| the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.
|
|
(g) Information the disclosure of which is restricted
|
| and exempted under Section 50 of the Illinois Prepaid Tuition Act.
|
|
(h) Information the disclosure of which is exempted
|
| under the State Officials and Employees Ethics Act, and records of any lawfully created State or local inspector general's office that would be exempt if created or obtained by an Executive Inspector General's office under that Act.
|
|
(i) Information contained in a local emergency energy
|
| plan submitted to a municipality in accordance with a local emergency energy plan ordinance that is adopted under Section 11-21.5-5 of the Illinois Municipal Code.
|
|
(j) Information and data concerning the distribution
|
| of surcharge moneys collected and remitted by carriers under the Emergency Telephone System Act.
|
|
(k) Law enforcement officer identification
|
| information or driver identification information compiled by a law enforcement agency or the Department of Transportation under Section 11-212 of the Illinois Vehicle Code.
|
|
(l) Records and information provided to a residential
|
| health care facility resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.
|
|
(m) Information provided to the predatory lending
|
| database created pursuant to Article 3 of the Residential Real Property Disclosure Act, except to the extent authorized under that Article.
|
|
(n) Defense budgets and petitions for certification
|
| of compensation and expenses for court appointed trial counsel as provided under Sections 10 and 15 of the Capital Crimes Litigation Act (repealed). This subsection (n) shall apply until the conclusion of the trial of the case, even if the prosecution chooses not to pursue the death penalty prior to trial or sentencing.
|
|
(o) Information that is prohibited from being
|
| disclosed under Section 4 of the Illinois Health and Hazardous Substances Registry Act.
|
|
(p) Security portions of system safety program plans,
|
| investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Department of Transportation under Sections 2705-300 and 2705-616 of the Department of Transportation Law of the Civil Administrative Code of Illinois, the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act, or the St. Clair County Transit District under the Bi-State Transit Safety Act (repealed).
|
|
(q) Information prohibited from being disclosed by
|
| the Personnel Record Review Act.
|
|
(r) Information prohibited from being disclosed by
|
| the Illinois School Student Records Act.
|
|
(s) Information the disclosure of which is restricted
|
| under Section 5-108 of the Public Utilities Act.
|
|
(t) (Blank).
(u) Records and information provided to an
|
| independent team of experts under the Developmental Disability and Mental Health Safety Act (also known as Brian's Law).
|
|
(v) Names and information of people who have applied
|
| for or received Firearm Owner's Identification Cards under the Firearm Owners Identification Card Act or applied for or received a concealed carry license under the Firearm Concealed Carry Act, unless otherwise authorized by the Firearm Concealed Carry Act; and databases under the Firearm Concealed Carry Act, records of the Concealed Carry Licensing Review Board under the Firearm Concealed Carry Act, and law enforcement agency objections under the Firearm Concealed Carry Act.
|
|
(v-5) Records of the Firearm Owner's Identification
|
| Card Review Board that are exempted from disclosure under Section 10 of the Firearm Owners Identification Card Act.
|
|
(w) Personally identifiable information which is
|
| exempted from disclosure under subsection (g) of Section 19.1 of the Toll Highway Act.
|
|
(x) Information which is exempted from disclosure
|
| under Section 5-1014.3 of the Counties Code or Section 8-11-21 of the Illinois Municipal Code.
|
|
(y) Confidential information under the Adult
|
| Protective Services Act and its predecessor enabling statute, the Elder Abuse and Neglect Act, including information about the identity and administrative finding against any caregiver of a verified and substantiated decision of abuse, neglect, or financial exploitation of an eligible adult maintained in the Registry established under Section 7.5 of the Adult Protective Services Act.
|
|
(z) Records and information provided to a fatality
|
| review team or the Illinois Fatality Review Team Advisory Council under Section 15 of the Adult Protective Services Act.
|
|
(aa) Information which is exempted from disclosure
|
| under Section 2.37 of the Wildlife Code.
|
|
(bb) Information which is or was prohibited from
|
| disclosure by the Juvenile Court Act of 1987.
|
|
(cc) Recordings made under the Law Enforcement
|
| Officer-Worn Body Camera Act, except to the extent authorized under that Act.
|
|
(dd) Information that is prohibited from being
|
| disclosed under Section 45 of the Condominium and Common Interest Community Ombudsperson Act.
|
|
(ee) Information that is exempted from disclosure
|
| under Section 30.1 of the Pharmacy Practice Act.
|
|
(ff) Information that is exempted from disclosure
|
| under the Revised Uniform Unclaimed Property Act.
|
|
(gg) Information that is prohibited from being
|
| disclosed under Section 7-603.5 of the Illinois Vehicle Code.
|
|
(hh) Records that are exempt from disclosure under
|
| Section 1A-16.7 of the Election Code.
|
|
(ii) Information which is exempted from disclosure
|
| under Section 2505-800 of the Department of Revenue Law of the Civil Administrative Code of Illinois.
|
|
(jj) Information and reports that are required to be
|
| submitted to the Department of Labor by registering day and temporary labor service agencies but are exempt from disclosure under subsection (a-1) of Section 45 of the Day and Temporary Labor Services Act.
|
|
(kk) Information prohibited from disclosure under the
|
| Seizure and Forfeiture Reporting Act.
|
|
(ll) Information the disclosure of which is
|
| restricted and exempted under Section 5-30.8 of the Illinois Public Aid Code.
|
|
(mm) Records that are exempt from disclosure under
|
| Section 4.2 of the Crime Victims Compensation Act.
|
|
(nn) Information that is exempt from disclosure under
|
| Section 70 of the Higher Education Student Assistance Act.
|
|
(oo) Communications, notes, records, and reports
|
| arising out of a peer support counseling session prohibited from disclosure under the First Responders Suicide Prevention Act.
|
|
(pp) Names and all identifying information relating
|
| to an employee of an emergency services provider or law enforcement agency under the First Responders Suicide Prevention Act.
|
|
(qq) Information and records held by the Department
|
| of Public Health and its authorized representatives collected under the Reproductive Health Act.
|
|
(rr) Information that is exempt from disclosure under
|
| the Cannabis Regulation and Tax Act.
|
|
(ss) Data reported by an employer to the Department
|
| of Human Rights pursuant to Section 2-108 of the Illinois Human Rights Act.
|
|
(tt) Recordings made under the Children's Advocacy
|
| Center Act, except to the extent authorized under that Act.
|
|
(uu) Information that is exempt from disclosure under
|
| Section 50 of the Sexual Assault Evidence Submission Act.
|
|
(vv) Information that is exempt from disclosure under
|
| subsections (f) and (j) of Section 5-36 of the Illinois Public Aid Code.
|
|
(ww) Information that is exempt from disclosure under
|
| Section 16.8 of the State Treasurer Act.
|
|
(xx) Information that is exempt from disclosure or
|
| information that shall not be made public under the Illinois Insurance Code.
|
|
(yy) Information prohibited from being disclosed
|
| under the Illinois Educational Labor Relations Act.
|
|
(zz) Information prohibited from being disclosed
|
| under the Illinois Public Labor Relations Act.
|
|
(aaa) Information prohibited from being disclosed
|
| under Section 1-167 of the Illinois Pension Code.
|
|
(bbb) Information that is prohibited from disclosure
|
| by the Illinois Police Training Act and the Illinois State Police Act.
|
|
(ccc) Records exempt from disclosure under Section
|
| 2605-304 of the Illinois State Police Law of the Civil Administrative Code of Illinois.
|
|
(ddd) Information prohibited from being disclosed
|
| under Section 35 of the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act.
|
|
(eee) Information prohibited from being disclosed
|
| under subsection (b) of Section 75 of the Domestic Violence Fatality Review Act.
|
|
(fff) Images from cameras under the Expressway Camera
|
| Act. This subsection (fff) is inoperative on and after July 1, 2025.
|
|
(ggg) Information prohibited from disclosure under
|
| paragraph (3) of subsection (a) of Section 14 of the Nurse Agency Licensing Act.
|
|
(hhh) Information submitted to the Illinois State
|
| Police in an affidavit or application for an assault weapon endorsement, assault weapon attachment endorsement, .50 caliber rifle endorsement, or .50 caliber cartridge endorsement under the Firearm Owners Identification Card Act.
|
|
(iii) Data exempt from disclosure under Section 50 of
|
| the School Safety Drill Act.
|
|
(jjj) Information exempt from disclosure under
|
| Section 30 of the Insurance Data Security Law.
|
|
(kkk) Confidential business information prohibited
|
| from disclosure under Section 45 of the Paint Stewardship Act.
|
|
(lll) Data exempt from disclosure under Section
|
| 2-3.196 of the School Code.
|
|
(mmm) Information prohibited from being disclosed
|
| under Section 4-2 of the Uniform Money Transmission Modernization Act.
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|
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; 103-991, eff. 8-9-24.)
(Text of Section from P.A. 103-1049)
Sec. 7.5. Statutory exemptions. To the extent provided for by the statutes referenced below, the following shall be exempt from inspection and copying:
(a) All information determined to be confidential
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| under Section 4002 of the Technology Advancement and Development Act.
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(b) Library circulation and order records identifying
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| library users with specific materials under the Library Records Confidentiality Act.
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(c) Applications, related documents, and medical
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| records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received.
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(d) Information and records held by the Department of
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| Public Health and its authorized representatives relating to known or suspected cases of sexually transmitted infection or any information the disclosure of which is restricted under the Illinois Sexually Transmitted Infection Control Act.
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(e) Information the disclosure of which is exempted
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| under Section 30 of the Radon Industry Licensing Act.
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(f) Firm performance evaluations under Section 55 of
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| the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.
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(g) Information the disclosure of which is restricted
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| and exempted under Section 50 of the Illinois Prepaid Tuition Act.
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(h) Information the disclosure of which is exempted
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| under the State Officials and Employees Ethics Act, and records of any lawfully created State or local inspector general's office that would be exempt if created or obtained by an Executive Inspector General's office under that Act.
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(i) Information contained in a local emergency energy
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| plan submitted to a municipality in accordance with a local emergency energy plan ordinance that is adopted under Section 11-21.5-5 of the Illinois Municipal Code.
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(j) Information and data concerning the distribution
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| of surcharge moneys collected and remitted by carriers under the Emergency Telephone System Act.
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(k) Law enforcement officer identification
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| information or driver identification information compiled by a law enforcement agency or the Department of Transportation under Section 11-212 of the Illinois Vehicle Code.
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(l) Records and information provided to a residential
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| health care facility resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.
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(m) Information provided to the predatory lending
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| database created pursuant to Article 3 of the Residential Real Property Disclosure Act, except to the extent authorized under that Article.
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(n) Defense budgets and petitions for certification
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| of compensation and expenses for court appointed trial counsel as provided under Sections 10 and 15 of the Capital Crimes Litigation Act (repealed). This subsection (n) shall apply until the conclusion of the trial of the case, even if the prosecution chooses not to pursue the death penalty prior to trial or sentencing.
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(o) Information that is prohibited from being
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| disclosed under Section 4 of the Illinois Health and Hazardous Substances Registry Act.
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(p) Security portions of system safety program plans,
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| investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Department of Transportation under Sections 2705-300 and 2705-616 of the Department of Transportation Law of the Civil Administrative Code of Illinois, the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act, or the St. Clair County Transit District under the Bi-State Transit Safety Act (repealed).
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(q) Information prohibited from being disclosed by
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| the Personnel Record Review Act.
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(r) Information prohibited from being disclosed by
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| the Illinois School Student Records Act.
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(s) Information the disclosure of which is restricted
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| under Section 5-108 of the Public Utilities Act.
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(t) (Blank).
(u) Records and information provided to an
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| independent team of experts under the Developmental Disability and Mental Health Safety Act (also known as Brian's Law).
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(v) Names and information of people who have applied
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| for or received Firearm Owner's Identification Cards under the Firearm Owners Identification Card Act or applied for or received a concealed carry license under the Firearm Concealed Carry Act, unless otherwise authorized by the Firearm Concealed Carry Act; and databases under the Firearm Concealed Carry Act, records of the Concealed Carry Licensing Review Board under the Firearm Concealed Carry Act, and law enforcement agency objections under the Firearm Concealed Carry Act.
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(v-5) Records of the Firearm Owner's Identification
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| Card Review Board that are exempted from disclosure under Section 10 of the Firearm Owners Identification Card Act.
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(w) Personally identifiable information which is
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| exempted from disclosure under subsection (g) of Section 19.1 of the Toll Highway Act.
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(x) Information which is exempted from disclosure
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| under Section 5-1014.3 of the Counties Code or Section 8-11-21 of the Illinois Municipal Code.
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(y) Confidential information under the Adult
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| Protective Services Act and its predecessor enabling statute, the Elder Abuse and Neglect Act, including information about the identity and administrative finding against any caregiver of a verified and substantiated decision of abuse, neglect, or financial exploitation of an eligible adult maintained in the Registry established under Section 7.5 of the Adult Protective Services Act.
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(z) Records and information provided to a fatality
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| review team or the Illinois Fatality Review Team Advisory Council under Section 15 of the Adult Protective Services Act.
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(aa) Information which is exempted from disclosure
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| under Section 2.37 of the Wildlife Code.
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(bb) Information which is or was prohibited from
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| disclosure by the Juvenile Court Act of 1987.
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(cc) Recordings made under the Law Enforcement
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| Officer-Worn Body Camera Act, except to the extent authorized under that Act.
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(dd) Information that is prohibited from being
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| disclosed under Section 45 of the Condominium and Common Interest Community Ombudsperson Act.
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(ee) Information that is exempted from disclosure
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| under Section 30.1 of the Pharmacy Practice Act.
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(ff) Information that is exempted from disclosure
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| under the Revised Uniform Unclaimed Property Act.
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(gg) Information that is prohibited from being
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| disclosed under Section 7-603.5 of the Illinois Vehicle Code.
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(hh) Records that are exempt from disclosure under
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| Section 1A-16.7 of the Election Code.
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(ii) Information which is exempted from disclosure
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| under Section 2505-800 of the Department of Revenue Law of the Civil Administrative Code of Illinois.
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(jj) Information and reports that are required to be
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| submitted to the Department of Labor by registering day and temporary labor service agencies but are exempt from disclosure under subsection (a-1) of Section 45 of the Day and Temporary Labor Services Act.
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(kk) Information prohibited from disclosure under the
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| Seizure and Forfeiture Reporting Act.
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(ll) Information the disclosure of which is
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| restricted and exempted under Section 5-30.8 of the Illinois Public Aid Code.
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(mm) Records that are exempt from disclosure under
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| Section 4.2 of the Crime Victims Compensation Act.
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(nn) Information that is exempt from disclosure under
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| Section 70 of the Higher Education Student Assistance Act.
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(oo) Communications, notes, records, and reports
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| arising out of a peer support counseling session prohibited from disclosure under the First Responders Suicide Prevention Act.
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(pp) Names and all identifying information relating
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| to an employee of an emergency services provider or law enforcement agency under the First Responders Suicide Prevention Act.
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(qq) Information and records held by the Department
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| of Public Health and its authorized representatives collected under the Reproductive Health Act.
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(rr) Information that is exempt from disclosure under
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| the Cannabis Regulation and Tax Act.
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(ss) Data reported by an employer to the Department
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| of Human Rights pursuant to Section 2-108 of the Illinois Human Rights Act.
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(tt) Recordings made under the Children's Advocacy
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| Center Act, except to the extent authorized under that Act.
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(uu) Information that is exempt from disclosure under
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| Section 50 of the Sexual Assault Evidence Submission Act.
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(vv) Information that is exempt from disclosure under
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| subsections (f) and (j) of Section 5-36 of the Illinois Public Aid Code.
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(ww) Information that is exempt from disclosure under
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| Section 16.8 of the State Treasurer Act.
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(xx) Information that is exempt from disclosure or
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| information that shall not be made public under the Illinois Insurance Code.
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(yy) Information prohibited from being disclosed
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| under the Illinois Educational Labor Relations Act.
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(zz) Information prohibited from being disclosed
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| under the Illinois Public Labor Relations Act.
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(aaa) Information prohibited from being disclosed
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| under Section 1-167 of the Illinois Pension Code.
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(bbb) Information that is prohibited from disclosure
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| by the Illinois Police Training Act and the Illinois State Police Act.
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(ccc) Records exempt from disclosure under Section
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| 2605-304 of the Illinois State Police Law of the Civil Administrative Code of Illinois.
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(ddd) Information prohibited from being disclosed
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| under Section 35 of the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act.
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(eee) Information prohibited from being disclosed
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| under subsection (b) of Section 75 of the Domestic Violence Fatality Review Act.
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(fff) Images from cameras under the Expressway Camera
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| Act. This subsection (fff) is inoperative on and after July 1, 2025.
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(ggg) Information prohibited from disclosure under
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| paragraph (3) of subsection (a) of Section 14 of the Nurse Agency Licensing Act.
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(hhh) Information submitted to the Illinois State
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| Police in an affidavit or application for an assault weapon endorsement, assault weapon attachment endorsement, .50 caliber rifle endorsement, or .50 caliber cartridge endorsement under the Firearm Owners Identification Card Act.
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(iii) Data exempt from disclosure under Section 50 of
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| the School Safety Drill Act.
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(jjj) Information exempt from disclosure under
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| Section 30 of the Insurance Data Security Law.
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(kkk) Confidential business information prohibited
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| from disclosure under Section 45 of the Paint Stewardship Act.
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(lll) Data exempt from disclosure under Section
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| 2-3.196 of the School Code.
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(mmm) Information prohibited from being disclosed
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| under subsection (e) of Section 1-129 of the Illinois Power Agency Act.
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(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-1049, eff. 8-9-24.)
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