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1 | AN ACT concerning government.
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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 Freedom of Information Act is amended by | |||||||||||||||||||
5 | changing Section 7 as follows: | |||||||||||||||||||
6 | (5 ILCS 140/7) (from Ch. 116, par. 207) | |||||||||||||||||||
7 | (Text of Section before amendment by P.A. 96-736 ) | |||||||||||||||||||
8 | Sec. 7. Exemptions.
| |||||||||||||||||||
9 | (1) When a request is made to inspect or copy a public | |||||||||||||||||||
10 | record that contains information that is exempt from disclosure | |||||||||||||||||||
11 | under this Section, but also contains information that is not | |||||||||||||||||||
12 | exempt from disclosure, the public body may elect to redact the | |||||||||||||||||||
13 | information that is exempt. The public body shall make the | |||||||||||||||||||
14 | remaining information available for inspection and copying. | |||||||||||||||||||
15 | Subject to this requirement, the following shall be exempt from | |||||||||||||||||||
16 | inspection and copying:
| |||||||||||||||||||
17 | (a) Information specifically prohibited from | |||||||||||||||||||
18 | disclosure by federal or
State law or rules and regulations | |||||||||||||||||||
19 | implementing federal or State law.
| |||||||||||||||||||
20 | (b) Private information, unless disclosure is required | |||||||||||||||||||
21 | by another provision of this Act, a State or federal law or | |||||||||||||||||||
22 | a court order. | |||||||||||||||||||
23 | (b-5) Files, documents, and other data or databases |
| |||||||
| |||||||
1 | maintained by one or more law enforcement agencies and | ||||||
2 | specifically designed to provide information to one or more | ||||||
3 | law enforcement agencies regarding the physical or mental | ||||||
4 | status of one or more individual subjects. | ||||||
5 | (c) Personal information contained within public | ||||||
6 | records, the disclosure of which would constitute a clearly
| ||||||
7 | unwarranted invasion of personal privacy, unless the | ||||||
8 | disclosure is
consented to in writing by the individual | ||||||
9 | subjects of the information. "Unwarranted invasion of | ||||||
10 | personal privacy" means the disclosure of information that | ||||||
11 | is highly personal or objectionable to a reasonable person | ||||||
12 | and in which the subject's right to privacy outweighs any | ||||||
13 | legitimate public interest in obtaining the information. | ||||||
14 | The
disclosure of information that bears on the public | ||||||
15 | duties of public
employees and officials shall not be | ||||||
16 | considered an invasion of personal
privacy. Information | ||||||
17 | exempted under this paragraph (c) shall include but is not | ||||||
18 | limited to: | ||||||
19 | (i) Files and personal information maintained with | ||||||
20 | respect to clients, patients, residents, students, or | ||||||
21 | other individuals receiving social, medical, | ||||||
22 | educational, vocational, financial, supervisory, or | ||||||
23 | custodial care or services directly or indirectly from | ||||||
24 | federal agencies or public bodies. | ||||||
25 | (ii) Files and personal information maintained | ||||||
26 | with respect to any applicant, registrant, or licensee |
| |||||||
| |||||||
1 | by any public body cooperating with or engaged in | ||||||
2 | professional or occupational registration, licensure, | ||||||
3 | or discipline. | ||||||
4 | (iii) The names, addresses, or other personal | ||||||
5 | information of participants and registrants in park | ||||||
6 | district, forest preserve district, and conservation | ||||||
7 | district programs.
| ||||||
8 | (d) Records in the possession of any public body | ||||||
9 | created in the course of administrative enforcement
| ||||||
10 | proceedings, and any law enforcement or correctional | ||||||
11 | agency for
law enforcement purposes,
but only to the extent | ||||||
12 | that disclosure would:
| ||||||
13 | (i) interfere with pending or actually and | ||||||
14 | reasonably contemplated
law enforcement proceedings | ||||||
15 | conducted by any law enforcement or correctional
| ||||||
16 | agency that is the recipient of the request;
| ||||||
17 | (ii) interfere with active administrative | ||||||
18 | enforcement proceedings
conducted by the public body | ||||||
19 | that is the recipient of the request;
| ||||||
20 | (iii) create a substantial likelihood that a | ||||||
21 | person will be deprived of a fair trial or an impartial | ||||||
22 | hearing;
| ||||||
23 | (iv) unavoidably disclose the identity of a | ||||||
24 | confidential source, confidential information | ||||||
25 | furnished only by the confidential source, or persons | ||||||
26 | who file complaints with or provide information to |
| |||||||
| |||||||
1 | administrative, investigative, law enforcement, or | ||||||
2 | penal agencies; except that the identities of | ||||||
3 | witnesses to traffic accidents, traffic accident | ||||||
4 | reports, and rescue reports shall be provided by | ||||||
5 | agencies of local government, except when disclosure | ||||||
6 | would interfere with an active criminal investigation | ||||||
7 | conducted by the agency that is the recipient of the | ||||||
8 | request;
| ||||||
9 | (v) disclose unique or specialized investigative | ||||||
10 | techniques other than
those generally used and known or | ||||||
11 | disclose internal documents of
correctional agencies | ||||||
12 | related to detection, observation or investigation of
| ||||||
13 | incidents of crime or misconduct, and disclosure would | ||||||
14 | result in demonstrable harm to the agency or public | ||||||
15 | body that is the recipient of the request;
| ||||||
16 | (vi) endanger the life or physical safety of law | ||||||
17 | enforcement personnel
or any other person; or
| ||||||
18 | (vii) obstruct an ongoing criminal investigation | ||||||
19 | by the agency that is the recipient of the request.
| ||||||
20 | (e) Records that relate to or affect the security of | ||||||
21 | correctional
institutions and detention facilities.
| ||||||
22 | (f) Preliminary drafts, notes, recommendations, | ||||||
23 | memoranda and other
records in which opinions are | ||||||
24 | expressed, or policies or actions are
formulated, except | ||||||
25 | that a specific record or relevant portion of a
record | ||||||
26 | shall not be exempt when the record is publicly cited
and |
| |||||||
| |||||||
1 | identified by the head of the public body. The exemption | ||||||
2 | provided in
this paragraph (f) extends to all those records | ||||||
3 | of officers and agencies
of the General Assembly that | ||||||
4 | pertain to the preparation of legislative
documents.
| ||||||
5 | (g) Trade secrets and commercial or financial | ||||||
6 | information obtained from
a person or business where the | ||||||
7 | trade secrets or commercial or financial information are | ||||||
8 | furnished under a claim that they are
proprietary, | ||||||
9 | privileged or confidential, and that disclosure of the | ||||||
10 | trade
secrets or commercial or financial information would | ||||||
11 | cause competitive harm to the person or business, and only | ||||||
12 | insofar as the claim directly applies to the records | ||||||
13 | requested. | ||||||
14 | The information included under this exemption includes | ||||||
15 | all (i) All trade secrets and commercial or financial | ||||||
16 | information obtained by a public body, including a public | ||||||
17 | pension fund, from a private equity fund or a privately | ||||||
18 | held company within the investment portfolio of a private | ||||||
19 | equity fund as a result of either investing or evaluating a | ||||||
20 | potential investment of public funds in a private equity | ||||||
21 | fund. The exemption contained in this item does not apply | ||||||
22 | to the aggregate financial performance information of a | ||||||
23 | private equity fund, nor to the identity of the fund's | ||||||
24 | managers or general partners. The exemption contained in | ||||||
25 | this item does not apply to the identity of a privately | ||||||
26 | held company within the investment portfolio of a private |
| |||||||
| |||||||
1 | equity fund, unless the disclosure of the identity of a | ||||||
2 | privately held company may cause competitive harm. | ||||||
3 | Nothing contained in this
paragraph (g) shall be | ||||||
4 | construed to prevent a person or business from
consenting | ||||||
5 | to disclosure.
| ||||||
6 | (h) Proposals and bids for any contract, grant, or | ||||||
7 | agreement, including
information which if it were | ||||||
8 | disclosed would frustrate procurement or give
an advantage | ||||||
9 | to any person proposing to enter into a contractor | ||||||
10 | agreement
with the body, until an award or final selection | ||||||
11 | is made. Information
prepared by or for the body in | ||||||
12 | preparation of a bid solicitation shall be
exempt until an | ||||||
13 | award or final selection is made.
| ||||||
14 | (i) Valuable formulae,
computer geographic systems,
| ||||||
15 | designs, drawings and research data obtained or
produced by | ||||||
16 | any public body when disclosure could reasonably be | ||||||
17 | expected to
produce private gain or public loss.
The | ||||||
18 | exemption for "computer geographic systems" provided in | ||||||
19 | this paragraph
(i) does not extend to requests made by news | ||||||
20 | media as defined in Section 2 of
this Act when the | ||||||
21 | requested information is not otherwise exempt and the only
| ||||||
22 | purpose of the request is to access and disseminate | ||||||
23 | information regarding the
health, safety, welfare, or | ||||||
24 | legal rights of the general public.
| ||||||
25 | (j) The following information pertaining to | ||||||
26 | educational matters: |
| |||||||
| |||||||
1 | (i) test questions, scoring keys and other | ||||||
2 | examination data used to
administer an academic | ||||||
3 | examination;
| ||||||
4 | (ii) information received by a primary or | ||||||
5 | secondary school, college, or university under its | ||||||
6 | procedures for the evaluation of faculty members by | ||||||
7 | their academic peers; | ||||||
8 | (iii) information concerning a school or | ||||||
9 | university's adjudication of student disciplinary | ||||||
10 | cases, but only to the extent that disclosure would | ||||||
11 | unavoidably reveal the identity of the student; and | ||||||
12 | (iv) course materials or research materials used | ||||||
13 | by faculty members. | ||||||
14 | (k) Architects' plans, engineers' technical | ||||||
15 | submissions, and
other
construction related technical | ||||||
16 | documents for
projects not constructed or developed in | ||||||
17 | whole or in part with public funds
and the same for | ||||||
18 | projects constructed or developed with public funds, | ||||||
19 | including but not limited to power generating and | ||||||
20 | distribution stations and other transmission and | ||||||
21 | distribution facilities, water treatment facilities, | ||||||
22 | airport facilities, sport stadiums, convention centers, | ||||||
23 | and all government owned, operated, or occupied buildings, | ||||||
24 | but
only to the extent
that disclosure would compromise | ||||||
25 | security.
| ||||||
26 | (l) Minutes of meetings of public bodies closed to the
|
| |||||||
| |||||||
1 | public as provided in the Open Meetings Act until the | ||||||
2 | public body
makes the minutes available to the public under | ||||||
3 | Section 2.06 of the Open
Meetings Act.
| ||||||
4 | (m) Communications between a public body and an | ||||||
5 | attorney or auditor
representing the public body that would | ||||||
6 | not be subject to discovery in
litigation, and materials | ||||||
7 | prepared or compiled by or for a public body in
| ||||||
8 | anticipation of a criminal, civil or administrative | ||||||
9 | proceeding upon the
request of an attorney advising the | ||||||
10 | public body, and materials prepared or
compiled with | ||||||
11 | respect to internal audits of public bodies.
| ||||||
12 | (n) Records relating to a public body's adjudication of | ||||||
13 | employee grievances or disciplinary cases; however, this | ||||||
14 | exemption shall not extend to the final outcome of cases in | ||||||
15 | which discipline is imposed.
| ||||||
16 | (o) Administrative or technical information associated | ||||||
17 | with automated
data processing operations, including but | ||||||
18 | not limited to software,
operating protocols, computer | ||||||
19 | program abstracts, file layouts, source
listings, object | ||||||
20 | modules, load modules, user guides, documentation
| ||||||
21 | pertaining to all logical and physical design of | ||||||
22 | computerized systems,
employee manuals, and any other | ||||||
23 | information that, if disclosed, would
jeopardize the | ||||||
24 | security of the system or its data or the security of
| ||||||
25 | materials exempt under this Section.
| ||||||
26 | (p) Records relating to collective negotiating matters
|
| |||||||
| |||||||
1 | between public bodies and their employees or | ||||||
2 | representatives, except that
any final contract or | ||||||
3 | agreement shall be subject to inspection and copying.
| ||||||
4 | (q) Test questions, scoring keys, and other | ||||||
5 | examination data used to determine the qualifications of an | ||||||
6 | applicant for a license or employment.
| ||||||
7 | (r) The records, documents , and information relating | ||||||
8 | to real estate
purchase negotiations until those | ||||||
9 | negotiations have been completed or
otherwise terminated. | ||||||
10 | With regard to a parcel involved in a pending or
actually | ||||||
11 | and reasonably contemplated eminent domain proceeding | ||||||
12 | under the Eminent Domain Act, records, documents and
| ||||||
13 | information relating to that parcel shall be exempt except | ||||||
14 | as may be
allowed under discovery rules adopted by the | ||||||
15 | Illinois Supreme Court. The
records, documents and | ||||||
16 | information relating to a real estate sale shall be
exempt | ||||||
17 | until a sale is consummated.
| ||||||
18 | (s) Any and all proprietary information and records | ||||||
19 | related to the
operation of an intergovernmental risk | ||||||
20 | management association or
self-insurance pool or jointly | ||||||
21 | self-administered health and accident
cooperative or pool.
| ||||||
22 | Insurance or self insurance (including any | ||||||
23 | intergovernmental risk management association or self | ||||||
24 | insurance pool) claims, loss or risk management | ||||||
25 | information, records, data, advice or communications.
| ||||||
26 | (t) Information contained in or related to |
| |||||||
| |||||||
1 | examination, operating, or
condition reports prepared by, | ||||||
2 | on behalf of, or for the use of a public
body responsible | ||||||
3 | for the regulation or supervision of financial
| ||||||
4 | institutions or insurance companies, unless disclosure is | ||||||
5 | otherwise
required by State law.
| ||||||
6 | (u) Information that would disclose
or might lead to | ||||||
7 | the disclosure of
secret or confidential information, | ||||||
8 | codes, algorithms, programs, or private
keys intended to be | ||||||
9 | used to create electronic or digital signatures under the
| ||||||
10 | Electronic Commerce Security Act.
| ||||||
11 | (v) Vulnerability assessments, security measures, and | ||||||
12 | response policies
or plans that are designed to identify, | ||||||
13 | prevent, or respond to potential
attacks upon a community's | ||||||
14 | population or systems, facilities, or installations,
the | ||||||
15 | destruction or contamination of which would constitute a | ||||||
16 | clear and present
danger to the health or safety of the | ||||||
17 | community, but only to the extent that
disclosure could | ||||||
18 | reasonably be expected to jeopardize the effectiveness of | ||||||
19 | the
measures or the safety of the personnel who implement | ||||||
20 | them or the public.
Information exempt under this item may | ||||||
21 | include such things as details
pertaining to the | ||||||
22 | mobilization or deployment of personnel or equipment, to | ||||||
23 | the
operation of communication systems or protocols, or to | ||||||
24 | tactical operations.
| ||||||
25 | (w) (Blank). | ||||||
26 | (x) Maps and other records regarding the location or |
| |||||||
| |||||||
1 | security of generation, transmission, distribution, | ||||||
2 | storage, gathering,
treatment, or switching facilities | ||||||
3 | owned by a utility, by a power generator, or by the | ||||||
4 | Illinois Power Agency.
| ||||||
5 | (y) Information contained in or related to proposals, | ||||||
6 | bids, or negotiations related to electric power | ||||||
7 | procurement under Section 1-75 of the Illinois Power Agency | ||||||
8 | Act and Section 16-111.5 of the Public Utilities Act that | ||||||
9 | is determined to be confidential and proprietary by the | ||||||
10 | Illinois Power Agency or by the Illinois Commerce | ||||||
11 | Commission.
| ||||||
12 | (z) (tt) Information about students exempted from | ||||||
13 | disclosure under Sections 10-20.38 or 34-18.29 of the | ||||||
14 | School Code, and information about undergraduate students | ||||||
15 | enrolled at an institution of higher education exempted | ||||||
16 | from disclosure under Section 25 of the Illinois Credit | ||||||
17 | Card Marketing Act of 2009. | ||||||
18 | (2) A public record that is not in the possession of a | ||||||
19 | public body but is in the possession of a party with whom the | ||||||
20 | agency has contracted to perform a governmental function on | ||||||
21 | behalf of the public body, and that directly relates to the | ||||||
22 | governmental function and is not otherwise exempt under this | ||||||
23 | Act, shall be considered a public record of the public body, | ||||||
24 | for purposes of this Act. | ||||||
25 | (3) This Section does not authorize withholding of | ||||||
26 | information or limit the
availability of records to the public, |
| |||||||
| |||||||
1 | except as stated in this Section or
otherwise provided in this | ||||||
2 | Act.
| ||||||
3 | (Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07; | ||||||
4 | 95-941, eff. 8-29-08; 95-988, eff. 6-1-09; 96-261, eff. 1-1-10; | ||||||
5 | 96-328, eff. 8-11-09; 96-542, eff. 1-1-10; 96-558, eff. 1-1-10; | ||||||
6 | revised 9-25-09.) | ||||||
7 | (Text of Section after amendment by P.A. 96-736 ) | ||||||
8 | Sec. 7. Exemptions.
| ||||||
9 | (1) When a request is made to inspect or copy a public | ||||||
10 | record that contains information that is exempt from disclosure | ||||||
11 | under this Section, but also contains information that is not | ||||||
12 | exempt from disclosure, the public body may elect to redact the | ||||||
13 | information that is exempt. The public body shall make the | ||||||
14 | remaining information available for inspection and copying. | ||||||
15 | Subject to this requirement, the following shall be exempt from | ||||||
16 | inspection and copying:
| ||||||
17 | (a) Information specifically prohibited from | ||||||
18 | disclosure by federal or
State law or rules and regulations | ||||||
19 | implementing federal or State law.
| ||||||
20 | (b) Private information, unless disclosure is required | ||||||
21 | by another provision of this Act, a State or federal law or | ||||||
22 | a court order. | ||||||
23 | (b-5) Files, documents, and other data or databases | ||||||
24 | maintained by one or more law enforcement agencies and | ||||||
25 | specifically designed to provide information to one or more |
| |||||||
| |||||||
1 | law enforcement agencies regarding the physical or mental | ||||||
2 | status of one or more individual subjects. | ||||||
3 | (c) Personal information contained within public | ||||||
4 | records, the disclosure of which would constitute a clearly
| ||||||
5 | unwarranted invasion of personal privacy, unless the | ||||||
6 | disclosure is
consented to in writing by the individual | ||||||
7 | subjects of the information. "Unwarranted invasion of | ||||||
8 | personal privacy" means the disclosure of information that | ||||||
9 | is highly personal or objectionable to a reasonable person | ||||||
10 | and in which the subject's right to privacy outweighs any | ||||||
11 | legitimate public interest in obtaining the information. | ||||||
12 | The
disclosure of information that bears on the public | ||||||
13 | duties of public
employees and officials shall not be | ||||||
14 | considered an invasion of personal
privacy. Information | ||||||
15 | exempted under this paragraph (c) shall include but is not | ||||||
16 | limited to: | ||||||
17 | (i) Files and personal information maintained with | ||||||
18 | respect to clients, patients, residents, students, or | ||||||
19 | other individuals receiving social, medical, | ||||||
20 | educational, vocational, financial, supervisory, or | ||||||
21 | custodial care or services directly or indirectly from | ||||||
22 | federal agencies or public bodies. | ||||||
23 | (ii) Files and personal information maintained | ||||||
24 | with respect to any applicant, registrant, or licensee | ||||||
25 | by any public body cooperating with or engaged in | ||||||
26 | professional or occupational registration, licensure, |
| |||||||
| |||||||
1 | or discipline. | ||||||
2 | (iii) The names, addresses, or other personal | ||||||
3 | information of participants and registrants in park | ||||||
4 | district, forest preserve district, and conservation | ||||||
5 | district programs.
| ||||||
6 | (d) Records in the possession of any public body | ||||||
7 | created in the course of administrative enforcement
| ||||||
8 | proceedings, and any law enforcement or correctional | ||||||
9 | agency for
law enforcement purposes,
but only to the extent | ||||||
10 | that disclosure would:
| ||||||
11 | (i) interfere with pending or actually and | ||||||
12 | reasonably contemplated
law enforcement proceedings | ||||||
13 | conducted by any law enforcement or correctional
| ||||||
14 | agency that is the recipient of the request;
| ||||||
15 | (ii) interfere with active administrative | ||||||
16 | enforcement proceedings
conducted by the public body | ||||||
17 | that is the recipient of the request;
| ||||||
18 | (iii) create a substantial likelihood that a | ||||||
19 | person will be deprived of a fair trial or an impartial | ||||||
20 | hearing;
| ||||||
21 | (iv) unavoidably disclose the identity of a | ||||||
22 | confidential source, confidential information | ||||||
23 | furnished only by the confidential source, or persons | ||||||
24 | who file complaints with or provide information to | ||||||
25 | administrative, investigative, law enforcement, or | ||||||
26 | penal agencies; except that the identities of |
| |||||||
| |||||||
1 | witnesses to traffic accidents, traffic accident | ||||||
2 | reports, and rescue reports shall be provided by | ||||||
3 | agencies of local government, except when disclosure | ||||||
4 | would interfere with an active criminal investigation | ||||||
5 | conducted by the agency that is the recipient of the | ||||||
6 | request;
| ||||||
7 | (v) disclose unique or specialized investigative | ||||||
8 | techniques other than
those generally used and known or | ||||||
9 | disclose internal documents of
correctional agencies | ||||||
10 | related to detection, observation or investigation of
| ||||||
11 | incidents of crime or misconduct, and disclosure would | ||||||
12 | result in demonstrable harm to the agency or public | ||||||
13 | body that is the recipient of the request;
| ||||||
14 | (vi) endanger the life or physical safety of law | ||||||
15 | enforcement personnel
or any other person; or
| ||||||
16 | (vii) obstruct an ongoing criminal investigation | ||||||
17 | by the agency that is the recipient of the request.
| ||||||
18 | (e) Records that relate to or affect the security of | ||||||
19 | correctional
institutions and detention facilities.
| ||||||
20 | (f) Preliminary drafts, notes, recommendations, | ||||||
21 | memoranda and other
records in which opinions are | ||||||
22 | expressed, or policies or actions are
formulated, except | ||||||
23 | that a specific record or relevant portion of a
record | ||||||
24 | shall not be exempt when the record is publicly cited
and | ||||||
25 | identified by the head of the public body. The exemption | ||||||
26 | provided in
this paragraph (f) extends to all those records |
| |||||||
| |||||||
1 | of officers and agencies
of the General Assembly that | ||||||
2 | pertain to the preparation of legislative
documents.
| ||||||
3 | (g) Trade secrets and commercial or financial | ||||||
4 | information obtained from
a person or business where the | ||||||
5 | trade secrets or commercial or financial information are | ||||||
6 | furnished under a claim that they are
proprietary, | ||||||
7 | privileged or confidential, and that disclosure of the | ||||||
8 | trade
secrets or commercial or financial information would | ||||||
9 | cause competitive harm to the person or business, and only | ||||||
10 | insofar as the claim directly applies to the records | ||||||
11 | requested. | ||||||
12 | The information included under this exemption includes | ||||||
13 | all (i) All trade secrets and commercial or financial | ||||||
14 | information obtained by a public body, including a public | ||||||
15 | pension fund, from a private equity fund or a privately | ||||||
16 | held company within the investment portfolio of a private | ||||||
17 | equity fund as a result of either investing or evaluating a | ||||||
18 | potential investment of public funds in a private equity | ||||||
19 | fund. The exemption contained in this item does not apply | ||||||
20 | to the aggregate financial performance information of a | ||||||
21 | private equity fund, nor to the identity of the fund's | ||||||
22 | managers or general partners. The exemption contained in | ||||||
23 | this item does not apply to the identity of a privately | ||||||
24 | held company within the investment portfolio of a private | ||||||
25 | equity fund, unless the disclosure of the identity of a | ||||||
26 | privately held company may cause competitive harm. |
| |||||||
| |||||||
1 | Nothing contained in this
paragraph (g) shall be | ||||||
2 | construed to prevent a person or business from
consenting | ||||||
3 | to disclosure.
| ||||||
4 | (h) Proposals and bids for any contract, grant, or | ||||||
5 | agreement, including
information which if it were | ||||||
6 | disclosed would frustrate procurement or give
an advantage | ||||||
7 | to any person proposing to enter into a contractor | ||||||
8 | agreement
with the body, until an award or final selection | ||||||
9 | is made. Information
prepared by or for the body in | ||||||
10 | preparation of a bid solicitation shall be
exempt until an | ||||||
11 | award or final selection is made.
| ||||||
12 | (i) Valuable formulae,
computer geographic systems,
| ||||||
13 | designs, drawings and research data obtained or
produced by | ||||||
14 | any public body when disclosure could reasonably be | ||||||
15 | expected to
produce private gain or public loss.
The | ||||||
16 | exemption for "computer geographic systems" provided in | ||||||
17 | this paragraph
(i) does not extend to requests made by news | ||||||
18 | media as defined in Section 2 of
this Act when the | ||||||
19 | requested information is not otherwise exempt and the only
| ||||||
20 | purpose of the request is to access and disseminate | ||||||
21 | information regarding the
health, safety, welfare, or | ||||||
22 | legal rights of the general public.
| ||||||
23 | (j) The following information pertaining to | ||||||
24 | educational matters: | ||||||
25 | (i) test questions, scoring keys and other | ||||||
26 | examination data used to
administer an academic |
| |||||||
| |||||||
1 | examination;
| ||||||
2 | (ii) information received by a primary or | ||||||
3 | secondary school, college, or university under its | ||||||
4 | procedures for the evaluation of faculty members by | ||||||
5 | their academic peers; | ||||||
6 | (iii) information concerning a school or | ||||||
7 | university's adjudication of student disciplinary | ||||||
8 | cases, but only to the extent that disclosure would | ||||||
9 | unavoidably reveal the identity of the student; and | ||||||
10 | (iv) course materials or research materials used | ||||||
11 | by faculty members. | ||||||
12 | (k) Architects' plans, engineers' technical | ||||||
13 | submissions, and
other
construction related technical | ||||||
14 | documents for
projects not constructed or developed in | ||||||
15 | whole or in part with public funds
and the same for | ||||||
16 | projects constructed or developed with public funds, | ||||||
17 | including but not limited to power generating and | ||||||
18 | distribution stations and other transmission and | ||||||
19 | distribution facilities, water treatment facilities, | ||||||
20 | airport facilities, sport stadiums, convention centers, | ||||||
21 | and all government owned, operated, or occupied buildings, | ||||||
22 | but
only to the extent
that disclosure would compromise | ||||||
23 | security.
| ||||||
24 | (l) Minutes of meetings of public bodies closed to the
| ||||||
25 | public as provided in the Open Meetings Act until the | ||||||
26 | public body
makes the minutes available to the public under |
| |||||||
| |||||||
1 | Section 2.06 of the Open
Meetings Act.
| ||||||
2 | (m) Communications between a public body and an | ||||||
3 | attorney or auditor
representing the public body that would | ||||||
4 | not be subject to discovery in
litigation, and materials | ||||||
5 | prepared or compiled by or for a public body in
| ||||||
6 | anticipation of a criminal, civil or administrative | ||||||
7 | proceeding upon the
request of an attorney advising the | ||||||
8 | public body, and materials prepared or
compiled with | ||||||
9 | respect to internal audits of public bodies.
| ||||||
10 | (n) Records relating to a public body's adjudication of | ||||||
11 | employee grievances or disciplinary cases; however, this | ||||||
12 | exemption shall not extend to the final outcome of cases in | ||||||
13 | which discipline is imposed.
| ||||||
14 | (o) Administrative or technical information associated | ||||||
15 | with automated
data processing operations, including but | ||||||
16 | not limited to software,
operating protocols, computer | ||||||
17 | program abstracts, file layouts, source
listings, object | ||||||
18 | modules, load modules, user guides, documentation
| ||||||
19 | pertaining to all logical and physical design of | ||||||
20 | computerized systems,
employee manuals, and any other | ||||||
21 | information that, if disclosed, would
jeopardize the | ||||||
22 | security of the system or its data or the security of
| ||||||
23 | materials exempt under this Section.
| ||||||
24 | (p) Records relating to collective negotiating matters
| ||||||
25 | between public bodies and their employees or | ||||||
26 | representatives, except that
any final contract or |
| |||||||
| |||||||
1 | agreement shall be subject to inspection and copying.
| ||||||
2 | (q) Test questions, scoring keys, and other | ||||||
3 | examination data used to determine the qualifications of an | ||||||
4 | applicant for a license or employment.
| ||||||
5 | (r) The records, documents , and information relating | ||||||
6 | to real estate
purchase negotiations until those | ||||||
7 | negotiations have been completed or
otherwise terminated. | ||||||
8 | With regard to a parcel involved in a pending or
actually | ||||||
9 | and reasonably contemplated eminent domain proceeding | ||||||
10 | under the Eminent Domain Act, records, documents and
| ||||||
11 | information relating to that parcel shall be exempt except | ||||||
12 | as may be
allowed under discovery rules adopted by the | ||||||
13 | Illinois Supreme Court. The
records, documents and | ||||||
14 | information relating to a real estate sale shall be
exempt | ||||||
15 | until a sale is consummated.
| ||||||
16 | (s) Any and all proprietary information and records | ||||||
17 | related to the
operation of an intergovernmental risk | ||||||
18 | management association or
self-insurance pool or jointly | ||||||
19 | self-administered health and accident
cooperative or pool.
| ||||||
20 | Insurance or self insurance (including any | ||||||
21 | intergovernmental risk management association or self | ||||||
22 | insurance pool) claims, loss or risk management | ||||||
23 | information, records, data, advice or communications.
| ||||||
24 | (t) Information contained in or related to | ||||||
25 | examination, operating, or
condition reports prepared by, | ||||||
26 | on behalf of, or for the use of a public
body responsible |
| |||||||
| |||||||
1 | for the regulation or supervision of financial
| ||||||
2 | institutions or insurance companies, unless disclosure is | ||||||
3 | otherwise
required by State law.
| ||||||
4 | (u) Information that would disclose
or might lead to | ||||||
5 | the disclosure of
secret or confidential information, | ||||||
6 | codes, algorithms, programs, or private
keys intended to be | ||||||
7 | used to create electronic or digital signatures under the
| ||||||
8 | Electronic Commerce Security Act.
| ||||||
9 | (v) Vulnerability assessments, security measures, and | ||||||
10 | response policies
or plans that are designed to identify, | ||||||
11 | prevent, or respond to potential
attacks upon a community's | ||||||
12 | population or systems, facilities, or installations,
the | ||||||
13 | destruction or contamination of which would constitute a | ||||||
14 | clear and present
danger to the health or safety of the | ||||||
15 | community, but only to the extent that
disclosure could | ||||||
16 | reasonably be expected to jeopardize the effectiveness of | ||||||
17 | the
measures or the safety of the personnel who implement | ||||||
18 | them or the public.
Information exempt under this item may | ||||||
19 | include such things as details
pertaining to the | ||||||
20 | mobilization or deployment of personnel or equipment, to | ||||||
21 | the
operation of communication systems or protocols, or to | ||||||
22 | tactical operations.
| ||||||
23 | (w) (Blank). | ||||||
24 | (x) Maps and other records regarding the location or | ||||||
25 | security of generation, transmission, distribution, | ||||||
26 | storage, gathering,
treatment, or switching facilities |
| |||||||
| |||||||
1 | owned by a utility, by a power generator, or by the | ||||||
2 | Illinois Power Agency.
| ||||||
3 | (y) Information contained in or related to proposals, | ||||||
4 | bids, or negotiations related to electric power | ||||||
5 | procurement under Section 1-75 of the Illinois Power Agency | ||||||
6 | Act and Section 16-111.5 of the Public Utilities Act that | ||||||
7 | is determined to be confidential and proprietary by the | ||||||
8 | Illinois Power Agency or by the Illinois Commerce | ||||||
9 | Commission.
| ||||||
10 | (z) (tt) Information about students exempted from | ||||||
11 | disclosure under Sections 10-20.38 or 34-18.29 of the | ||||||
12 | School Code, and information about undergraduate students | ||||||
13 | enrolled at an institution of higher education exempted | ||||||
14 | from disclosure under Section 25 of the Illinois Credit | ||||||
15 | Card Marketing Act of 2009. | ||||||
16 | (aa) (tt) Information the disclosure of which is
| ||||||
17 | exempted under the Viatical Settlements Act of 2009.
| ||||||
18 | (2) A public record that is not in the possession of a | ||||||
19 | public body but is in the possession of a party with whom the | ||||||
20 | agency has contracted to perform a governmental function on | ||||||
21 | behalf of the public body, and that directly relates to the | ||||||
22 | governmental function and is not otherwise exempt under this | ||||||
23 | Act, shall be considered a public record of the public body, | ||||||
24 | for purposes of this Act. | ||||||
25 | (3) This Section does not authorize withholding of | ||||||
26 | information or limit the
availability of records to the public, |
| |||||||
| |||||||
1 | except as stated in this Section or
otherwise provided in this | ||||||
2 | Act.
| ||||||
3 | (Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07; | ||||||
4 | 95-941, eff. 8-29-08; 95-988, eff. 6-1-09; 96-261, eff. 1-1-10; | ||||||
5 | 96-328, eff. 8-11-09; 96-542, eff. 1-1-10; 96-558, eff. 1-1-10; | ||||||
6 | 96-736, eff. 7-1-10; revised 9-25-09.) | ||||||
7 | Section 95. No acceleration or delay. Where this Act makes | ||||||
8 | changes in a statute that is represented in this Act by text | ||||||
9 | that is not yet or no longer in effect (for example, a Section | ||||||
10 | represented by multiple versions), the use of that text does | ||||||
11 | not accelerate or delay the taking effect of (i) the changes | ||||||
12 | made by this Act or (ii) provisions derived from any other | ||||||
13 | Public Act.
| ||||||
14 | Section 99. Effective date. This Act takes effect July 1, | ||||||
15 | 2010.
|