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1 | AN ACT concerning government records.
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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 makes the | ||||||||||||||||||||||||
7 | following findings: | ||||||||||||||||||||||||
8 | (1) The right to privacy is being threatened by the | ||||||||||||||||||||||||
9 | indiscriminate collection, maintenance, and dissemination | ||||||||||||||||||||||||
10 | of personal information and the lack of effective laws and | ||||||||||||||||||||||||
11 | legal remedies. | ||||||||||||||||||||||||
12 | (2) The increasing use of computers and other | ||||||||||||||||||||||||
13 | sophisticated information technology has greatly magnified | ||||||||||||||||||||||||
14 | the potential risk to individual privacy that can occur | ||||||||||||||||||||||||
15 | from the maintenance of personal information. | ||||||||||||||||||||||||
16 | (3) In order to protect the privacy of individuals, it | ||||||||||||||||||||||||
17 | is necessary that the maintenance and dissemination of | ||||||||||||||||||||||||
18 | personal information be subject to strict limits.
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19 | Section 10. Definitions. For purposes of this Act: | ||||||||||||||||||||||||
20 | "Copy" means the reproduction of any personal record by | ||||||||||||||||||||||||
21 | means of any photographic, electronic, mechanical, or other | ||||||||||||||||||||||||
22 | process, device, or means now known or hereafter developed and |
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1 | available to the public body. | ||||||
2 | "Individual" means a natural person. | ||||||
3 | "Maintain" means to maintain, collect, use, or | ||||||
4 | disseminate. | ||||||
5 | "Personal record" includes, but is not limited to, the | ||||||
6 | following information about an individual that is maintained by | ||||||
7 | a public body: the individual's education, financial, medical, | ||||||
8 | or employment history, or items that contain or make reference | ||||||
9 | to the individual's name, identifying number, symbol, or other | ||||||
10 | identifying particular assigned to the individual, such as a | ||||||
11 | finger or voice print or a photograph. "Personal record" does | ||||||
12 | not include any record under the Personnel Record Review Act or | ||||||
13 | the School Student Record Act. | ||||||
14 | "Public body" means all legislative, executive, | ||||||
15 | administrative, or advisory bodies of the State, State | ||||||
16 | universities and colleges, counties, townships, cities, | ||||||
17 | villages, incorporated towns, school districts, and all other | ||||||
18 | municipal corporations, boards, bureaus, committees, or | ||||||
19 | commissions of this State, any subsidiary bodies of any of the | ||||||
20 | foregoing, including, but not limited to, committees and | ||||||
21 | subcommittees thereof, and a School Finance Authority created | ||||||
22 | under Article 1E of the School Code. "Public body" does not | ||||||
23 | include a child death review team or the Illinois Child Death | ||||||
24 | Review Teams Executive Council established under the Child | ||||||
25 | Death Review Team Act or the legislative offices of members of | ||||||
26 | the General Assembly. |
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1 | "Routine use" means, with respect to the disclosure of a | ||||||
2 | record, the use of the record for a purpose that is compatible | ||||||
3 | with the purpose for which it was collected. | ||||||
4 | "System of records" means a group of any records under the | ||||||
5 | control of any public body from which information is retrieved | ||||||
6 | by the name of the individual or by some identifying number, | ||||||
7 | symbol, or other identifying particular assigned to that | ||||||
8 | individual.
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9 | Section 15. Access to an individual's personal records. | ||||||
10 | (a) Upon the request of an individual to gain access to the | ||||||
11 | individual's personal record, a public body shall permit the | ||||||
12 | individual to review the record and have a copy made within 10 | ||||||
13 | working days after the date of receipt of the request by the | ||||||
14 | public body, unless the personal record requested is exempted | ||||||
15 | under subsection (c) to this Section. The 10-day period may be | ||||||
16 | extended for an additional 20 working days if the public body | ||||||
17 | provides to the individual, within the initial 10 working days, | ||||||
18 | a written explanation of unusual circumstances causing the | ||||||
19 | delay. | ||||||
20 | (b) Each public body that maintains any accessible personal | ||||||
21 | record shall make that record available to the individual to | ||||||
22 | whom it pertains in a reasonably intelligible form. Where | ||||||
23 | necessary the public body shall provide a translation into | ||||||
24 | common terms of any machine readable code or any code or | ||||||
25 | abbreviation employed for internal public body use. |
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1 | (c) A public body is not required under this Section to | ||||||
2 | grant an individual access to personal records or information | ||||||
3 | in records: | ||||||
4 | (1) Maintained by a public body that performs as its or | ||||||
5 | as a principal function any activity pertaining to the | ||||||
6 | prevention, control, or reduction of crime, including, but | ||||||
7 | not limited to, State and local police departments, and | ||||||
8 | which consist of: | ||||||
9 | (A) information or reports prepared or compiled | ||||||
10 | for the purpose of criminal intelligence or of a | ||||||
11 | criminal investigation, including reports of | ||||||
12 | informers, witnesses, and investigators; or | ||||||
13 | (B) reports prepared or compiled at any stage of | ||||||
14 | the process of enforcement of the criminal laws from | ||||||
15 | arrest or indictment through confinement, correctional | ||||||
16 | supervision, and release from supervision. | ||||||
17 | (2) The disclosure of which would reveal the identity | ||||||
18 | of a source who furnished information to the public body | ||||||
19 | under an express or implied promise of confidentiality. | ||||||
20 | (3) Consisting of testing or examination material or | ||||||
21 | scoring keys used solely to determine individual | ||||||
22 | qualifications for appointment or promotion in public | ||||||
23 | employment, or used as or to administer a licensing | ||||||
24 | examination or an academic examination, the disclosure of | ||||||
25 | which would compromise the objectivity, fairness, or | ||||||
26 | effectiveness of the testing or examination process. |
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1 | (4) Including investigative reports and materials, | ||||||
2 | related to an upcoming, ongoing, or pending civil or | ||||||
3 | criminal action or administrative proceeding against the | ||||||
4 | individual. | ||||||
5 | (5) Required to be withheld from the individual to whom | ||||||
6 | it pertains by statute or judicial decision or authorized | ||||||
7 | to be so withheld by constitutional or statutory privilege.
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8 | (d) Nothing in this Section shall be construed to permit or | ||||||
9 | require a public body to withhold or deny access to a personal | ||||||
10 | record or any information in a personal record where any | ||||||
11 | statute, administrative rule, rule of court, judicial | ||||||
12 | decision, or other law authorizes or allows an individual to | ||||||
13 | gain access to a personal record or to any information in a | ||||||
14 | personal record or requires that the individual be given such | ||||||
15 | access. | ||||||
16 | (e) For the State of Illinois, or a municipality having a | ||||||
17 | population of 500,000 or more, or a county having a population | ||||||
18 | of 3,000,000 or more, each department of the State, | ||||||
19 | municipality, or county is a separate public body for purposes | ||||||
20 | of this Section, and an individual's request to one department | ||||||
21 | for access to his or her personal records shall not oblige that | ||||||
22 | department to seek out any personal records of another | ||||||
23 | department. | ||||||
24 | Section 20. Changes to an individual's personal records. | ||||||
25 | (a) Each public body shall permit an individual, after |
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1 | inspection, to request in writing a change to his or her | ||||||
2 | personal record, and shall within 30 days after the date of | ||||||
3 | receipt of such request: | ||||||
4 | (1) make each change in accordance with the | ||||||
5 | individual's request of any portion of a personal record | ||||||
6 | that the individual believes is not accurate, relevant, | ||||||
7 | timely, or complete and inform the individual of the | ||||||
8 | changes made in accordance with his or her request; or | ||||||
9 | (2) inform the individual of its decision not to change | ||||||
10 | the personal record in accordance with such individual's | ||||||
11 | request, the reason for the decision, the procedures | ||||||
12 | established by the public body for the individual to | ||||||
13 | request a review by the head of the public body or an | ||||||
14 | official specifically designated by the head of the public | ||||||
15 | body of the decision not to make the change, and the name, | ||||||
16 | title, and business address of the reviewing official. | ||||||
17 | (b) Each public body shall permit any individual who | ||||||
18 | disagrees with the decision of the public body not to make the | ||||||
19 | change to a personal record to request a review of such | ||||||
20 | decision by the head of the public body or an official | ||||||
21 | specifically designated by the head of the public body, and, | ||||||
22 | not later than 30 days after the date on which the individual | ||||||
23 | requests such review, complete the review and make a final | ||||||
24 | determination unless, for good cause shown, the head of the | ||||||
25 | public body extends the review period by 30 days. | ||||||
26 | (c) If, after review, the reviewing official decides not to |
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1 | change the personal record in accordance with the request, the | ||||||
2 | public body shall permit the individual to file with the public | ||||||
3 | body a statement of no more than 1,500 words setting forth the | ||||||
4 | reasons for the individual's disagreement. | ||||||
5 | (d) If the public body discloses to any person the portion | ||||||
6 | of the record for which the individual has filed a statement of | ||||||
7 | disagreement under subsection (c) of this Section, then the | ||||||
8 | public body shall clearly note in the record that a statement | ||||||
9 | has been filed and, upon request, make a copy of the statement | ||||||
10 | available. The public body may provide a concise statement of | ||||||
11 | the reasons of the public body for not changing the record. | ||||||
12 | Section 25. Limitations on a public body's disclosure of an | ||||||
13 | individual's personal records. No public body shall disclose | ||||||
14 | any personal record by any means of communication to any | ||||||
15 | person, or to another public body, except pursuant to a written | ||||||
16 | request by, or with the prior written consent of, the | ||||||
17 | individual to whom the record pertains, unless disclosure of | ||||||
18 | the record would be: | ||||||
19 | (1) to those officers and employees of the public body | ||||||
20 | that maintains the record who have a need for the record in | ||||||
21 | the performance of their duties; | ||||||
22 | (2) pursuant to and to the extent required by the | ||||||
23 | Freedom of Information Act; | ||||||
24 | (3) for a routine use; | ||||||
25 | (4) to a recipient who has provided the public body |
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1 | with advance adequate written assurance that the record | ||||||
2 | will be used solely as a statistical research or reporting | ||||||
3 | record, and the record is to be transferred in a form that | ||||||
4 | is not individually identifiable; | ||||||
5 | (5) to the State archives as a record that has | ||||||
6 | sufficient historical or other value to warrant its | ||||||
7 | continued preservation; | ||||||
8 | (6) to another public body or to an instrumentality of | ||||||
9 | any governmental jurisdiction within or under the control | ||||||
10 | of the United States for a civil or criminal law | ||||||
11 | enforcement activity if the activity is authorized by law, | ||||||
12 | and if the head of the public body or instrumentality has | ||||||
13 | made a written request to the public body which maintains | ||||||
14 | the record specifying the particular portion desired and | ||||||
15 | the law enforcement activity for which the record is | ||||||
16 | sought; | ||||||
17 | (7) to a person pursuant to a showing of compelling | ||||||
18 | circumstances affecting the health or safety of an | ||||||
19 | individual if upon such disclosure notification is | ||||||
20 | transmitted to the last known address of the individual; | ||||||
21 | (8) to either chamber of the General Assembly, or, to | ||||||
22 | the extent of matter within its jurisdiction, any committee | ||||||
23 | or subcommittee of the General Assembly; | ||||||
24 | (9) to either the Comptroller or the Auditor General, | ||||||
25 | or any of his or her authorized representatives, in the | ||||||
26 | course of the performance of his or her duties; |
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1 | (10) pursuant to the order of a court of competent | ||||||
2 | jurisdiction; or | ||||||
3 | (11) to a consumer reporting agency as permitted or | ||||||
4 | allowed by federal or State statute. | ||||||
5 | Section 30. Limitations on a public body's maintenance of | ||||||
6 | systems of personal records. Each public body that maintains a | ||||||
7 | system of records shall do all of the following: | ||||||
8 | (1) Maintain in its personal records only the | ||||||
9 | information about an individual that is relevant and | ||||||
10 | necessary to accomplish a purpose of the public body that | ||||||
11 | is required or authorized by the Illinois Constitution or | ||||||
12 | statute or mandated by the federal government. | ||||||
13 | (2) Collect information to the greatest extent | ||||||
14 | practicable directly from the subject individual when the | ||||||
15 | information may result in adverse determinations about an | ||||||
16 | individual's rights, benefits, and privileges under State | ||||||
17 | programs. | ||||||
18 | (3) Post upon establishment or revision a notice of the | ||||||
19 | existence and character of the system of records, which | ||||||
20 | notice shall include the following: | ||||||
21 | (A) the name and location of the system; | ||||||
22 | (B) the categories of individuals on whom records | ||||||
23 | are maintained in the system; | ||||||
24 | (C) each routine use of the records contained in | ||||||
25 | the system, including the categories of users and the |
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1 | purpose of such use; | ||||||
2 | (D) the title and business address of the agency | ||||||
3 | official who is responsible for compliance with this | ||||||
4 | Act; and | ||||||
5 | (E) the categories of sources of records in the | ||||||
6 | system. | ||||||
7 | (4) Maintain all records that are used by the public | ||||||
8 | body in making any determination about any individual with | ||||||
9 | accuracy, relevance, timeliness, and completeness as is | ||||||
10 | reasonably necessary to ensure fairness to the individual | ||||||
11 | in the determination. | ||||||
12 | (5) Prior to disseminating any record about an | ||||||
13 | individual to any person other than a public body, unless | ||||||
14 | the dissemination is made pursuant to the Freedom of | ||||||
15 | Information Act, make reasonable efforts to ensure that the | ||||||
16 | records are accurate, complete, timely, and relevant for | ||||||
17 | public body purposes. | ||||||
18 | (6) Establish rules of conduct for persons involved in | ||||||
19 | the design, development, operation, disclosure, or | ||||||
20 | maintenance of records containing personal information and | ||||||
21 | instruct each person with respect to such rules and the | ||||||
22 | requirements of this Act, including any other rules and | ||||||
23 | procedures adopted pursuant to this Act, and the remedies | ||||||
24 | and penalties for noncompliance. | ||||||
25 | (7) Establish appropriate and reasonable | ||||||
26 | administrative, technical, and physical safeguards to |
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1 | ensure compliance with the provisions of this Act, to | ||||||
2 | ensure the security and confidentiality of records, and to | ||||||
3 | protect against anticipated threats or hazards to their | ||||||
4 | security or integrity that could result in any injury. | ||||||
5 | Section 35. Limitations on a public body's maintenance of | ||||||
6 | an individual's personal records. A public body shall maintain | ||||||
7 | no personal record, whether or not the personal record is part | ||||||
8 | of a system of records, describing how any individual exercises | ||||||
9 | rights guaranteed by the First Amendment to the United States | ||||||
10 | Constitution or Sections 3, 4, or 5 of Article I of the | ||||||
11 | Illinois Constitution, unless expressly authorized by statute | ||||||
12 | or by the individual about whom the record is maintained or | ||||||
13 | unless pertinent to and within the scope of an authorized law | ||||||
14 | enforcement activity. | ||||||
15 | Section 40. Civil remedies. | ||||||
16 | (a) An individual may bring a civil action against a public | ||||||
17 | body in a circuit court of the State whenever a public body | ||||||
18 | fails to comply with any provision of this Act, and after | ||||||
19 | appropriate administrative remedies have been exhausted. | ||||||
20 | (b) In any action brought by an individual under this | ||||||
21 | Section, the court may: | ||||||
22 | (1) order the public body to disclose, correct, or | ||||||
23 | amend the individual's personal record; | ||||||
24 | (2) issue an injunction to require any other action by |
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1 | the public body, or to enjoin the public body from improper | ||||||
2 | actions, as the court may deem necessary and appropriate to | ||||||
3 | render substantial relief; and
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4 | (3) order the public body to pay the individual all or | ||||||
5 | a portion of the costs of maintaining the action, including | ||||||
6 | reasonable attorney's fees, in any case in which the | ||||||
7 | individual has prevailed under Section 15, 20, or 35 of | ||||||
8 | this Act. | ||||||
9 | (c) In any action brought by an individual under this | ||||||
10 | Section in which the court determines that the public body | ||||||
11 | knowingly or intentionally violated a provision of this Act, | ||||||
12 | the public body shall be liable to the individual in an amount | ||||||
13 | equal to the sum of: | ||||||
14 | (1) actual damages sustained by the individual as a | ||||||
15 | result of the failure of the public body to properly | ||||||
16 | maintain the personal record, but in no case shall an | ||||||
17 | individual entitled to recovery receive less than the sum | ||||||
18 | of $1,000; and | ||||||
19 | (2) the costs of the action together with reasonable | ||||||
20 | attorney's fees as determined by the court for a violation | ||||||
21 | of Section 15, 20, or 35 of this Act. | ||||||
22 | (d) An action may be brought against a public body of the | ||||||
23 | State in the circuit court for the county where the public body | ||||||
24 | of the State has its principal office or where the complainant | ||||||
25 | resides. | ||||||
26 | (e) An action may be brought against a municipal or other |
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1 | public body, except as provided in subsection (d) of this | ||||||
2 | Section, in the circuit court for the county where the | ||||||
3 | municipal or other public body is located. | ||||||
4 | (f) No action shall be brought later than 2 years after | ||||||
5 | notification of the public body's denial. | ||||||
6 | (g) The rights and remedies set forth in this Act shall be | ||||||
7 | deemed to be nonexclusive and are in addition to all those | ||||||
8 | rights and remedies that are otherwise available under any | ||||||
9 | other provision of law.
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10 | (h) Notwithstanding any other provision of this Act, no | ||||||
11 | fees, costs, or damages may be assessed against a public body | ||||||
12 | for a violation of Section 25 of this Act arising from the | ||||||
13 | public body's disclosure of records pursuant to the Freedom of | ||||||
14 | Information Act, unless the plaintiff can prove that the public | ||||||
15 | body did not have an objectively reasonable basis in law or in | ||||||
16 | fact to conclude that such disclosure was required by the | ||||||
17 | Freedom of Information Act. | ||||||
18 | (i) If an individual brings any action under this Section | ||||||
19 | that is not well grounded in fact, or is not warranted by | ||||||
20 | existing law or a good-faith argument for the extension, | ||||||
21 | modification, or reversal of existing law, then the court may | ||||||
22 | impose an appropriate sanction upon the individual, which may | ||||||
23 | include an order to pay the public body the amount of | ||||||
24 | reasonable expenses incurred because of the filing of the | ||||||
25 | action, including reasonable attorney's fees. | ||||||
26 | (j) For civil actions alleging violation of items (1) or |
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1 | (4) of Section 30 or Section 35 of this Act, the administrative | ||||||
2 | exhaustion required by subsection (a) of this Section shall | ||||||
3 | include the individual notifying the public body of the precise | ||||||
4 | information in the personal record to which the individual | ||||||
5 | objects, and the public body having an opportunity to decide | ||||||
6 | whether to remove or amend the disputed information.
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7 | Section 45. Public body responsibilities. Each public body | ||||||
8 | shall: | ||||||
9 | (1) issue instructions and guidelines necessary to | ||||||
10 | effectuate this Act; and | ||||||
11 | (2) take steps to ensure that all its employees and | ||||||
12 | officers responsible for the collection, maintenance, use, | ||||||
13 | and dissemination of personal records are informed of the | ||||||
14 | requirements of this Act.
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15 | Section 50. Rights of legal guardians. For the purposes of | ||||||
16 | this Section, the parent of any minor, or the legal guardian of | ||||||
17 | any individual who has been declared to be incompetent due to | ||||||
18 | physical or mental incapacity or age by a court of competent | ||||||
19 | jurisdiction, may act on behalf of the individual.
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