(740 ILCS 195/20)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 20. Injunctive relief.

(a) A court in which a suit is brought under this Act, on the motion of a party, may issue a temporary restraining order, emergency order of protection, or preliminary or permanent injunction to restrain and prevent the disclosure or continued disclosure of a person's personally identifiable information or sensitive personal information. Upon a motion by a party in a civil action brought under this Act, and following a full evidentiary hearing, a court may issue an order pursuant to this Section to prevent the publishing of a person's personally identifiable information or sensitive personal information if the court finds by clear and convincing evidence each of the following:

(1) the individual to be enjoined published personally identifiable information or sensitive personal information in violation of this Act;

(2) continued or further publishing of the personally identifiable information or sensitive personal information poses a present and ongoing risk of death, bodily injury, or stalking to another individual; and

(3) the individual to be enjoined has no lawful or constitutional purpose for continued or further publishing of the personally identifiable information or sensitive personal information.

(b) Any injunctive relief granted under this Section shall state the following with sufficient particularity to allow appellate review:

(1) the required findings in subsection (a) of Section 20 and the evidentiary basis and reasoning for the findings;

(2) the expiration date of the injunction, which shall be no more than one year from the date of its entry;

(3) that the enjoined individual may seek relief from the injunction, if the court determines, after notice and hearing, that one or more of the required findings in subsection (a) of Section 20 no longer apply; and

(4) that the person who sought the injunction may seek an extension of the order of no more than one year if the court determines, after notice and hearing, that the required findings in subsection (a) of Section 20 continue to apply.

(c) If a person violates any order issued under this Section, the court, in its discretion, may grant any civil remedy under State law.

(Source: P.A. 103-439, eff. 1-1-24.)