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1 | AN ACT concerning privacy.
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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 1. Short title. This Act may be cited as the | ||||||
5 | Illinois Accurate Government Records Act. | ||||||
6 | Section 5. Findings. The General Assembly declares that the | ||||||
7 | right to privacy is a personal and fundamental right protected | ||||||
8 | by the Constitution of the United States and the Constitution | ||||||
9 | of the State of Illinois and that all individuals have a right | ||||||
10 | of privacy in information pertaining to them. The General | ||||||
11 | Assembly further makes the following findings: | ||||||
12 | (1) The right to privacy is being threatened by the | ||||||
13 | indiscriminate collection, maintenance, and dissemination | ||||||
14 | of personal information and the lack of effective laws and | ||||||
15 | legal remedies. | ||||||
16 | (2) The increasing use of computers and other | ||||||
17 | sophisticated information technology has greatly magnified | ||||||
18 | the potential risk to individual privacy that can occur | ||||||
19 | from the maintenance of personal information. | ||||||
20 | (3) In order to protect the privacy of individuals, it | ||||||
21 | is necessary that the maintenance and dissemination of | ||||||
22 | personal information be subject to strict limits.
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1 | Section 10. Definitions. For purposes of this Act: | ||||||
2 | "Agency" means any State agency or local agency. | ||||||
3 | "Individual" means a natural person. | ||||||
4 | "Local agency" means any municipal corporation, school | ||||||
5 | district, special purpose district, or township of the State or | ||||||
6 | any elected officer or board, bureau, commission, department, | ||||||
7 | division, institution, or instrumentality of a county. | ||||||
8 | "Maintain" means to maintain, collect, use, or | ||||||
9 | disseminate. | ||||||
10 | "Personal record" means any item, collection, or grouping | ||||||
11 | of information about an individual that is maintained by an | ||||||
12 | agency. A personal record includes, but is not limited to, the | ||||||
13 | individual's education, financial, medical, or employment | ||||||
14 | history, or items that contain or make reference to the | ||||||
15 | individual's name, identifying number, symbol, or other | ||||||
16 | identifying particular assigned to the individual, such as a | ||||||
17 | finger or voice print or a photograph. | ||||||
18 | "Routine use" means, with respect to the disclosure of a | ||||||
19 | record, the use of the record for a purpose that is compatible | ||||||
20 | with the purpose for which it was collected. | ||||||
21 | "State agency" means the office of any elected State | ||||||
22 | officer and any agency, board, commission, department, | ||||||
23 | division, or educational institution of the State. | ||||||
24 | "System of records" means a group of any records under the | ||||||
25 | control of any agency from which information is retrieved by | ||||||
26 | the name of the individual or by some identifying number, |
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1 | symbol, or other identifying particular assigned to that | ||||||
2 | individual.
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3 | Section 15. Access to personal records. | ||||||
4 | (a) Upon the request of an individual to gain access to the | ||||||
5 | individual's personal record, an agency shall permit the | ||||||
6 | individual to review the record and have a copy made within 10 | ||||||
7 | working days after the date of receipt of the request by the | ||||||
8 | agency, unless the personal record requested is exempted under | ||||||
9 | subsection (c) to this Section. The 10-day period may be | ||||||
10 | extended for an additional 20 working days if the agency | ||||||
11 | provides to the individual, within the initial 10 working days, | ||||||
12 | a written explanation of unusual circumstances causing the | ||||||
13 | delay. | ||||||
14 | (b) Each agency that maintains any accessible personal | ||||||
15 | record shall make that record available to the individual to | ||||||
16 | whom it pertains in a reasonably intelligible form. Where | ||||||
17 | necessary the agency shall provide a translation into common | ||||||
18 | terms of any machine readable code or any code or abbreviation | ||||||
19 | employed for internal agency use. | ||||||
20 | (c) An agency is not required under this Section to grant | ||||||
21 | an individual access to personal records or information in | ||||||
22 | records: | ||||||
23 | (1) Maintained by an agency that performs as its or as | ||||||
24 | a principal function any activity pertaining to the | ||||||
25 | prevention, control, or reduction of crime, and which |
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1 | consist of: | ||||||
2 | (A) information or reports prepared or compiled | ||||||
3 | for the purpose of criminal intelligence or of a | ||||||
4 | criminal investigation, including reports of | ||||||
5 | informers, witnesses, and investigators; or | ||||||
6 | (B) reports prepared or compiled at any stage of | ||||||
7 | the process of enforcement of the criminal laws from | ||||||
8 | arrest or indictment through confinement, correctional | ||||||
9 | supervision, and release from supervision. | ||||||
10 | (2) The disclosure of which would reveal the identity | ||||||
11 | of a source who furnished information to the agency under | ||||||
12 | an express or implied promise of confidentiality. | ||||||
13 | (3) Consisting of testing or examination material or | ||||||
14 | scoring keys used solely to determine individual | ||||||
15 | qualifications for appointment or promotion in public | ||||||
16 | employment, or used as or to administer a licensing | ||||||
17 | examination or an academic examination, the disclosure of | ||||||
18 | which would compromise the objectivity, fairness, or | ||||||
19 | effectiveness of the testing or examination process. | ||||||
20 | (4) Including investigative reports and materials, | ||||||
21 | related to an upcoming, ongoing, or pending civil or | ||||||
22 | criminal action or administrative proceeding against the | ||||||
23 | individual. | ||||||
24 | (5) Required to be withheld from the individual to whom | ||||||
25 | it pertains by statute or judicial decision or authorized | ||||||
26 | to be so withheld by constitutional or statutory privilege.
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1 | (d) Nothing in this Section shall be construed to permit or | ||||||
2 | require an agency to withhold or deny access to a personal | ||||||
3 | record or any information in a personal record: | ||||||
4 | (1) when the agency is ordered to produce, disclose, or | ||||||
5 | allow access to the record or information in the record, or | ||||||
6 | when discovery of such record or information is allowed by | ||||||
7 | prevailing rules of discovery or by subpoena, in any | ||||||
8 | judicial or administrative proceeding; or | ||||||
9 | (2) where any statute, administrative rules, rule of | ||||||
10 | court, judicial decision, or other law authorizes or allows | ||||||
11 | an individual to gain access to a personal record or to any | ||||||
12 | information in a personal record or requires that the | ||||||
13 | individual be given such access.
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14 | Section 20. Correction of personal records. | ||||||
15 | (a) Each agency shall permit an individual to request in | ||||||
16 | writing an amendment of a personal record, and shall within 30 | ||||||
17 | days after the date of receipt of such request: | ||||||
18 | (1) make each correction in accordance with the | ||||||
19 | individual's request of any portion of a personal record | ||||||
20 | that the individual believes is not accurate, relevant, | ||||||
21 | timely, or complete and inform the individual of the | ||||||
22 | corrections made in accordance with his or her request; or | ||||||
23 | (2) inform the individual of its refusal to amend the | ||||||
24 | personal record in accordance with such individual's | ||||||
25 | request, the reason for the refusal, the procedures |
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1 | established by the agency for the individual to request a | ||||||
2 | review by the head of the agency or an official | ||||||
3 | specifically designated by the head of the agency of the | ||||||
4 | refusal to amend, and the name, title, and business address | ||||||
5 | of the reviewing official. | ||||||
6 | (b) Each agency shall permit any individual who disagrees | ||||||
7 | with the refusal of the agency to amend a personal record to | ||||||
8 | request a review of such refusal by the head of the agency or | ||||||
9 | an official specifically designated by the head of the agency, | ||||||
10 | and, not later than 30 days after the date on which the | ||||||
11 | individual requests such review, complete the review and make a | ||||||
12 | final determination unless, for good cause shown, the head of | ||||||
13 | the agency extends the review period by 30 days. | ||||||
14 | (c) If, after review, the reviewing official refuses to | ||||||
15 | amend the personal record in accordance with the request, the | ||||||
16 | agency shall permit the individual to file with the agency a | ||||||
17 | statement of reasonable length setting forth the reasons for | ||||||
18 | the individual's disagreement. | ||||||
19 | (d) The agency, with respect to any disclosure containing | ||||||
20 | information about which the individual has filed a statement of | ||||||
21 | disagreement, shall clearly note any portion of the personal | ||||||
22 | record that is disputed and make available copies of such | ||||||
23 | individual's statement, and copies of a concise statement of | ||||||
24 | the reasons of the agency for not making the amendment, to any | ||||||
25 | person or agency to whom the disputed record has been or is | ||||||
26 | disclosed.
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1 | Section 25. Limitations on an agency's disclosure of | ||||||
2 | personal records. | ||||||
3 | (a) No agency shall disclose any personal record by any | ||||||
4 | means of communication to any person, or to another agency, | ||||||
5 | except pursuant to a written request by, or with the prior | ||||||
6 | written consent of, the individual to whom the record pertains, | ||||||
7 | unless disclosure of the record would be: | ||||||
8 | (1) to those officers and employees of the agency that | ||||||
9 | maintains the record who have a need for the record in the | ||||||
10 | performance of their duties; | ||||||
11 | (2) pursuant to and to the extent required by the | ||||||
12 | Freedom of Information Act; | ||||||
13 | (3) for a routine use; | ||||||
14 | (4) to a recipient who has provided the agency with | ||||||
15 | advance adequate written assurance that the record will be | ||||||
16 | used solely as a statistical research or reporting record, | ||||||
17 | and the record is to be transferred in a form that is not | ||||||
18 | individually identifiable; | ||||||
19 | (5) to the State archives as a record that has | ||||||
20 | sufficient historical or other value to warrant its | ||||||
21 | continued preservation; | ||||||
22 | (6) to another agency or to an instrumentality of any | ||||||
23 | governmental jurisdiction within or under the control of | ||||||
24 | the United States for a civil or criminal law enforcement | ||||||
25 | activity if the activity is authorized by law, and if the |
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1 | head of the agency or instrumentality has made a written | ||||||
2 | request to the agency which maintains the record specifying | ||||||
3 | the particular portion desired and the law enforcement | ||||||
4 | activity for which the record is sought; | ||||||
5 | (7) to a person pursuant to a showing of compelling | ||||||
6 | circumstances affecting the health or safety of an | ||||||
7 | individual if upon such disclosure notification is | ||||||
8 | transmitted to the last known address of the individual; | ||||||
9 | (8) to either chamber of the General Assembly, or, to | ||||||
10 | the extent of matter within its jurisdiction, any committee | ||||||
11 | or subcommittee of the General Assembly; | ||||||
12 | (9) to either the Comptroller or the Auditor General, | ||||||
13 | or any of his or her authorized representatives, in the | ||||||
14 | course of the performance of his or her duties; | ||||||
15 | (10) pursuant to the order of a court of competent | ||||||
16 | jurisdiction; or | ||||||
17 | (11) to a consumer reporting agency as permitted or | ||||||
18 | allowed by federal or State statute. | ||||||
19 | (b) An individual's name and address may not be sold or | ||||||
20 | rented by an agency unless that action is specifically | ||||||
21 | authorized by law. This subsection (b) shall not be construed | ||||||
22 | to require the withholding of names and addresses otherwise | ||||||
23 | permitted to be made public. | ||||||
24 | Section 30. Limitations on an agency's maintenance of | ||||||
25 | systems of personal records. Each agency that maintains a |
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1 | system of records shall do all of the following: | ||||||
2 | (1) Maintain in its personal records only the | ||||||
3 | information about an individual as is relevant and | ||||||
4 | necessary to accomplish a purpose of the agency required or | ||||||
5 | authorized by the Illinois Constitution or statute or | ||||||
6 | mandated by the federal government. | ||||||
7 | (2) Collect information to the greatest extent | ||||||
8 | practicable directly from the subject individual when the | ||||||
9 | information may result in adverse determinations about an | ||||||
10 | individual's rights, benefits, and privileges under State | ||||||
11 | programs. | ||||||
12 | (3) Inform each individual whom it asks to supply | ||||||
13 | personal information, on the form that it uses to collect | ||||||
14 | the information or on a separate form that can be retained | ||||||
15 | by the individual: | ||||||
16 | (A) the authority, whether granted by statute, or | ||||||
17 | by executive order of the Governor, that authorizes the | ||||||
18 | solicitation of the information and whether disclosure | ||||||
19 | of the information is mandatory or voluntary; | ||||||
20 | (B) the principal purpose or purposes for which the | ||||||
21 | information is intended to be used; | ||||||
22 | (C) the routine uses that may be made of the | ||||||
23 | information; and | ||||||
24 | (D) the effects on the individual, if any, of not | ||||||
25 | providing all or any part of the requested information. | ||||||
26 | (4) Publish upon establishment or revision a notice of |
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1 | the existence and character of the system of records, which | ||||||
2 | notice shall include the following: | ||||||
3 | (A) the name and location of the system; | ||||||
4 | (B) the categories of individuals on whom records | ||||||
5 | are maintained in the system; | ||||||
6 | (C) the categories of records maintained in the | ||||||
7 | system; | ||||||
8 | (D) each routine use of the records contained in | ||||||
9 | the system, including the categories of users and the | ||||||
10 | purpose of such use; | ||||||
11 | (E) the policies and practices of the agency | ||||||
12 | regarding storage, retrievability, access controls, | ||||||
13 | retention, and disposal of the records; | ||||||
14 | (F) the title and business address of the agency | ||||||
15 | official who is responsible for the system of records; | ||||||
16 | (G) the agency procedures whereby an individual | ||||||
17 | can be notified at his or her request if the system of | ||||||
18 | records contains a record pertaining to him or her; | ||||||
19 | (H) the agency procedures whereby an individual | ||||||
20 | can be notified at his or her request how he or she can | ||||||
21 | gain access to any record pertaining to him or her | ||||||
22 | contained in the system of records, and how he or she | ||||||
23 | may contest its content; and | ||||||
24 | (I) the categories of sources of records in the | ||||||
25 | system. | ||||||
26 | (5) Maintain all records that are used by the agency in |
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1 | making any determination about any individual with | ||||||
2 | accuracy, relevance, timeliness, and completeness as is | ||||||
3 | reasonably necessary to ensure fairness to the individual | ||||||
4 | in the determination. | ||||||
5 | (6) Prior to disseminating any record about an | ||||||
6 | individual to any person other than an agency, unless the | ||||||
7 | dissemination is made pursuant to the Freedom of | ||||||
8 | Information Act, make reasonable efforts to ensure that the | ||||||
9 | records are accurate, complete, timely, and relevant for | ||||||
10 | agency purposes. | ||||||
11 | (7) Make reasonable efforts to serve notice on an | ||||||
12 | individual when any record on such individual is made | ||||||
13 | available to any person under compulsory legal process when | ||||||
14 | such process becomes a matter of public record. | ||||||
15 | (8) Establish rules of conduct for persons involved in | ||||||
16 | the design, development, operation, disclosure, or | ||||||
17 | maintenance of records containing personal information and | ||||||
18 | instruct each person with respect to such rules and the | ||||||
19 | requirements of this Act, including any other rules and | ||||||
20 | procedures adopted pursuant to this Act, and the remedies | ||||||
21 | and penalties for noncompliance. | ||||||
22 | (9) Establish appropriate and reasonable | ||||||
23 | administrative, technical, and physical safeguards to | ||||||
24 | ensure compliance with the provisions of this Act, to | ||||||
25 | ensure the security and confidentiality of records, and to | ||||||
26 | protect against anticipated threats or hazards to their |
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1 | security or integrity that could result in any injury. | ||||||
2 | Section 35. Limitations on an agency's maintenance of | ||||||
3 | personal records. An agency shall maintain no personal record, | ||||||
4 | whether or not the personal record is part of a system of | ||||||
5 | records, describing how any individual exercises rights | ||||||
6 | guaranteed by the First Amendment to the United States | ||||||
7 | Constitution or Sections 3, 4, or 5 of Article I of the | ||||||
8 | Illinois Constitution, unless expressly authorized by statute | ||||||
9 | or by the individual about whom the record is maintained or | ||||||
10 | unless pertinent to and within the scope of an authorized law | ||||||
11 | enforcement activity. | ||||||
12 | Section 40. Civil remedies. | ||||||
13 | (a) An individual may bring a civil action against an | ||||||
14 | agency in a circuit court of the State whenever an agency fails | ||||||
15 | to comply with any provision of this Act, and after appropriate | ||||||
16 | administrative remedies have been exhausted. | ||||||
17 | (b) In any action brought by an individual under this | ||||||
18 | Section, the court may: | ||||||
19 | (1) order the agency to disclose, correct, or amend the | ||||||
20 | individual's personal record; | ||||||
21 | (2) issue an injunction to require any other agency | ||||||
22 | action, or to enjoin the agency from improper actions, as | ||||||
23 | the court may deem necessary and appropriate to render | ||||||
24 | substantial relief; and
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1 | (3) assess reasonable attorney's fees and other | ||||||
2 | litigation costs reasonably incurred against the agency in | ||||||
3 | any case in which the individual has partially prevailed. | ||||||
4 | (c) In any action brought by an individual under this | ||||||
5 | Section in which the court determines that the agency knowingly | ||||||
6 | or intentionally violated a provision of this Act, the agency | ||||||
7 | shall be liable to the individual in an amount equal to the sum | ||||||
8 | of: | ||||||
9 | (1) actual damages sustained by the individual as a | ||||||
10 | result of the failure of the agency to properly maintain | ||||||
11 | the personal record, but in no case shall an individual | ||||||
12 | entitled to recovery receive less than the sum of $1,000; | ||||||
13 | and | ||||||
14 | (2) the costs of the action together with reasonable | ||||||
15 | attorney's fees as determined by the court. | ||||||
16 | (d) An action may be brought in the circuit court where the | ||||||
17 | complainant resides, the complainant's principal place of | ||||||
18 | business is situated, or the complainant's relevant personal | ||||||
19 | record is situated. No action shall be brought later than 2 | ||||||
20 | years after notification of the agency denial or, where | ||||||
21 | applicable, the date of receipt of the final determination of | ||||||
22 | the office of information practices. | ||||||
23 | (e) In addition to an action by an individual under this | ||||||
24 | Act, actions for injunction under this Section may also be | ||||||
25 | prosecuted by the Attorney General, or any State's Attorney in | ||||||
26 | this State, in the name of the people of the State of Illinois. |
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1 | (f) The rights and remedies set forth in this Act shall be | ||||||
2 | deemed to be nonexclusive and are in addition to all those | ||||||
3 | rights and remedies that are otherwise available under any | ||||||
4 | other provision of law.
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5 | Section 45. Agency responsibilities. Each agency shall:
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6 | (1) issue instructions and guidelines necessary to effectuate | ||||||
7 | this Act; and
(2) take steps to ensure that all its employees | ||||||
8 | and officers responsible for the collection, maintenance, use, | ||||||
9 | and dissemination of personal records are informed of the | ||||||
10 | requirements of this Act.
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11 | Section 50. Attorney General responsibilities. The Office | ||||||
12 | of the Attorney General of Illinois: | ||||||
13 | (1) shall develop and, after notice and opportunity for | ||||||
14 | public comment, prescribe guidelines and rules for the use | ||||||
15 | of agencies in implementing the provisions of this Section; | ||||||
16 | (2) shall provide continuing assistance to and | ||||||
17 | oversight of the implementation of this Section by | ||||||
18 | agencies; | ||||||
19 | (3) shall biennially submit to the Speaker of the House | ||||||
20 | of Representatives and the President of the Senate a | ||||||
21 | report:
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22 | (A) describing the actions of the Attorney General | ||||||
23 | pursuant to this Section during the preceding 2 years; | ||||||
24 | (B) describing the exercise of individual rights |
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1 | of access and amendment under this Section during those | ||||||
2 | years; | ||||||
3 | (C) identifying changes in or additions to systems | ||||||
4 | of records; and | ||||||
5 | (D) containing such other information concerning | ||||||
6 | administration of this Section as may be necessary or | ||||||
7 | useful to the General Assembly in reviewing the | ||||||
8 | effectiveness of this Section in carrying out the | ||||||
9 | purposes of this Act; | ||||||
10 | (4) may, upon request by any person, provide advisory | ||||||
11 | opinions or other information regarding that person's | ||||||
12 | rights and the functions and responsibilities of agencies | ||||||
13 | under this Act; and | ||||||
14 | (5) shall receive complaints from and actively solicit | ||||||
15 | the comments of the public regarding the implementation of | ||||||
16 | this Act.
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17 | Section 55. Government contractors. If an agency provides | ||||||
18 | by a contract for the operation by or on behalf of the agency | ||||||
19 | of a system of records to accomplish an agency function, then | ||||||
20 | the agency shall, consistent with its authority, cause the | ||||||
21 | requirements of this Section to be applied to that system. | ||||||
22 | Section 60. Rights of legal guardians. For the purposes of | ||||||
23 | this Section, the parent of any minor, or the legal guardian of | ||||||
24 | any individual who has been declared to be incompetent due to |
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1 | physical or mental incapacity or age by a court of competent | ||||||
2 | jurisdiction, may act on behalf of the individual.
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