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| 1 | AN ACT concerning libraries.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Library Records Confidentiality Act is | ||||||
| 5 | amended by changing Section 1 as follows:
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| 6 | (75 ILCS 70/1) (from Ch. 81, par. 1201)
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| 7 | Sec. 1. (a) The registration and circulation records of a | ||||||
| 8 | library
are confidential information. Except pursuant to a | ||||||
| 9 | court order, No person
shall publish or make any information | ||||||
| 10 | contained in such records available to the public unless: | ||||||
| 11 | (1) required to do so under a court order; or | ||||||
| 12 | (2) the information is requested by a sworn law | ||||||
| 13 | enforcement officer who represents that it is impractical | ||||||
| 14 | to secure a court order as a result of an emergency where | ||||||
| 15 | the law enforcement officer has probable cause to believe | ||||||
| 16 | that there is an imminent danger of physical harm. The | ||||||
| 17 | information requested must be limited to identifying a | ||||||
| 18 | suspect, witness, or victim of a crime. The information | ||||||
| 19 | requested without a court order may not include the | ||||||
| 20 | disclosure of registration or circulation records that | ||||||
| 21 | would indicate materials borrowed, resources reviewed, or | ||||||
| 22 | services used at the library. If requested to do so by the | ||||||
| 23 | library, the requesting law enforcement officer must sign a | ||||||
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| 1 | form acknowledging the receipt of the information. A | ||||||
| 2 | library providing the information may seek subsequent | ||||||
| 3 | judicial review to assess compliance with this Section. | ||||||
| 4 | This subsection shall not alter any right to challenge the | ||||||
| 5 | use or dissemination of patron information that is otherwise | ||||||
| 6 | permitted by law.
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| 7 | (b) This Section does not prevent a library from publishing | ||||||
| 8 | or making
available to the public reasonable statistical | ||||||
| 9 | reports regarding library
registration and book circulation | ||||||
| 10 | where those reports are presented so that
no individual is | ||||||
| 11 | identified therein.
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| 12 | (b-5) Nothing in this Section shall be construed as a | ||||||
| 13 | privacy violation or a breach of confidentiality if a library | ||||||
| 14 | provides information to a law enforcement officer under item | ||||||
| 15 | (2) of subsection (a).
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| 16 | (c) For the purpose of this Section, (i) "library" means | ||||||
| 17 | any public library
or library of an educational, historical or | ||||||
| 18 | eleemosynary institution, organization
or society; (ii) | ||||||
| 19 | "registration records" includes any information a library
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| 20 | requires a person to provide in order for that person to become | ||||||
| 21 | eligible
to borrow books and other materials and (iii) | ||||||
| 22 | "circulation records" includes
all information identifying the | ||||||
| 23 | individual borrowing particular
books or materials.
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| 24 | (Source: P.A. 83-179.)
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