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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.
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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.
| ||||||
17 | (d) Records in the possession of any public body | ||||||
18 | created in the course of administrative enforcement
| ||||||
19 | proceedings, and any law enforcement or correctional | ||||||
20 | agency for
law enforcement purposes,
but only to the extent | ||||||
21 | that disclosure would:
| ||||||
22 | (i) interfere with pending or actually and | ||||||
23 | reasonably contemplated
law enforcement proceedings | ||||||
24 | conducted by any law enforcement or correctional
| ||||||
25 | agency that is the recipient of the request ;
| ||||||
26 | (ii) interfere with active administrative |
| |||||||
| |||||||
1 | enforcement proceedings
conducted by any the public | ||||||
2 | body that is the recipient of the request ;
| ||||||
3 | (iii) create a substantial likelihood that a | ||||||
4 | person will be deprived of a fair trial or an impartial | ||||||
5 | hearing;
| ||||||
6 | (iv) unavoidably disclose the identity of a | ||||||
7 | confidential source, confidential information | ||||||
8 | furnished only by the confidential source, or persons | ||||||
9 | who file complaints with or provide information to | ||||||
10 | administrative, investigative, law enforcement, or | ||||||
11 | penal agencies; except that the identities of | ||||||
12 | witnesses to traffic accidents, traffic accident | ||||||
13 | reports, and rescue reports shall be provided by | ||||||
14 | agencies of local government, except when disclosure | ||||||
15 | would interfere with an active criminal investigation | ||||||
16 | conducted by the agency that is the recipient of the | ||||||
17 | request ;
| ||||||
18 | (v) disclose unique or specialized investigative | ||||||
19 | techniques other than
those generally used and known or | ||||||
20 | disclose internal documents of
correctional agencies | ||||||
21 | related to detection, observation or investigation of
| ||||||
22 | incidents of crime or misconduct , and disclosure would | ||||||
23 | result in demonstrable harm to the agency or public | ||||||
24 | body that is the recipient of the request ;
| ||||||
25 | (vi) endanger the life or physical safety of law | ||||||
26 | enforcement personnel
or any other person; or
|
| |||||||
| |||||||
1 | (vii) obstruct an ongoing criminal investigation | ||||||
2 | by the agency that is the recipient of the request .
| ||||||
3 | For the purposes of this paragraph (d), if the | ||||||
4 | recipient of the request for records is other than the | ||||||
5 | public body that is contemplating or conducting the | ||||||
6 | administrative enforcement proceeding or investigation or | ||||||
7 | other than the law enforcement or correctional agency that | ||||||
8 | is contemplating or conducting the law enforcement | ||||||
9 | proceeding or investigation, then the recipient of the | ||||||
10 | request shall transmit the request to the public body or | ||||||
11 | law enforcement or correctional agency that is | ||||||
12 | contemplating or conducting such proceeding or | ||||||
13 | investigation within 2 business days after the receipt of | ||||||
14 | the request by any means described in subsection (c) of | ||||||
15 | Section 3. In such event, and concurrently with the | ||||||
16 | transmission of the request, the recipient of the request | ||||||
17 | shall notify the requesting party that the request for | ||||||
18 | records has been transmitted to a public body or law | ||||||
19 | enforcement or correctional agency that is contemplating | ||||||
20 | or conducting an administrative enforcement or law | ||||||
21 | enforcement proceeding or investigation and shall identify | ||||||
22 | that public body or law enforcement or correctional agency | ||||||
23 | to the requesting party. Upon receipt of the transmitted | ||||||
24 | request, that public body or law enforcement or | ||||||
25 | correctional agency shall respond to the request within the | ||||||
26 | time limits set forth in subsection (d) of Section 3 or in |
| |||||||
| |||||||
1 | Section 3.1, as appropriate.
| ||||||
2 | (e) Records that relate to or affect the security of | ||||||
3 | correctional
institutions and detention facilities.
| ||||||
4 | (f) Preliminary drafts, notes, recommendations, | ||||||
5 | memoranda and other
records in which opinions are | ||||||
6 | expressed, or policies or actions are
formulated, except | ||||||
7 | that a specific record or relevant portion of a
record | ||||||
8 | shall not be exempt when the record is publicly cited
and | ||||||
9 | identified by the head of the public body. The exemption | ||||||
10 | provided in
this paragraph (f) extends to all those records | ||||||
11 | of officers and agencies
of the General Assembly that | ||||||
12 | pertain to the preparation of legislative
documents.
| ||||||
13 | (g) Trade secrets and commercial or financial | ||||||
14 | information obtained from
a person or business where the | ||||||
15 | trade secrets or commercial or financial information are | ||||||
16 | furnished under a claim that they are
proprietary, | ||||||
17 | privileged or confidential, and that disclosure of the | ||||||
18 | trade
secrets or commercial or financial information would | ||||||
19 | cause competitive harm to the person or business, and only | ||||||
20 | insofar as the claim directly applies to the records | ||||||
21 | requested. | ||||||
22 | The information included under this exemption includes | ||||||
23 | all (i) All trade secrets and commercial or financial | ||||||
24 | information obtained by a public body, including a public | ||||||
25 | pension fund, from a private equity fund or a privately | ||||||
26 | held company within the investment portfolio of a private |
| |||||||
| |||||||
1 | equity fund as a result of either investing or evaluating a | ||||||
2 | potential investment of public funds in a private equity | ||||||
3 | fund. The exemption contained in this item does not apply | ||||||
4 | to the aggregate financial performance information of a | ||||||
5 | private equity fund, nor to the identity of the fund's | ||||||
6 | managers or general partners. The exemption contained in | ||||||
7 | this item does not apply to the identity of a privately | ||||||
8 | held company within the investment portfolio of a private | ||||||
9 | equity fund, unless the disclosure of the identity of a | ||||||
10 | privately held company may cause competitive harm. | ||||||
11 | Nothing contained in this
paragraph (g) shall be | ||||||
12 | construed to prevent a person or business from
consenting | ||||||
13 | to disclosure.
| ||||||
14 | (h) Proposals and bids for any contract, grant, or | ||||||
15 | agreement, including
information which if it were | ||||||
16 | disclosed would frustrate procurement or give
an advantage | ||||||
17 | to any person proposing to enter into a contractor | ||||||
18 | agreement
with the body, until an award or final selection | ||||||
19 | is made. Information
prepared by or for the body in | ||||||
20 | preparation of a bid solicitation shall be
exempt until an | ||||||
21 | award or final selection is made.
| ||||||
22 | (i) Valuable formulae,
computer geographic systems,
| ||||||
23 | designs, drawings and research data obtained or
produced by | ||||||
24 | any public body when disclosure could reasonably be | ||||||
25 | expected to
produce private gain or public loss.
The | ||||||
26 | exemption for "computer geographic systems" provided in |
| |||||||
| |||||||
1 | this paragraph
(i) does not extend to requests made by news | ||||||
2 | media as defined in Section 2 of
this Act when the | ||||||
3 | requested information is not otherwise exempt and the only
| ||||||
4 | purpose of the request is to access and disseminate | ||||||
5 | information regarding the
health, safety, welfare, or | ||||||
6 | legal rights of the general public.
| ||||||
7 | (j) The following information pertaining to | ||||||
8 | educational matters: | ||||||
9 | (i) test questions, scoring keys and other | ||||||
10 | examination data used to
administer an academic | ||||||
11 | examination;
| ||||||
12 | (ii) information received by a primary or | ||||||
13 | secondary school, college, or university under its | ||||||
14 | procedures for the evaluation of faculty members by | ||||||
15 | their academic peers; | ||||||
16 | (iii) information concerning a school or | ||||||
17 | university's adjudication of student disciplinary | ||||||
18 | cases, but only to the extent that disclosure would | ||||||
19 | unavoidably reveal the identity of the student; and | ||||||
20 | (iv) course materials or research materials used | ||||||
21 | by faculty members. | ||||||
22 | (k) Architects' plans, engineers' technical | ||||||
23 | submissions, and
other
construction related technical | ||||||
24 | documents for
projects not constructed or developed in | ||||||
25 | whole or in part with public funds
and the same for | ||||||
26 | projects constructed or developed with public funds, |
| |||||||
| |||||||
1 | including but not limited to power generating and | ||||||
2 | distribution stations and other transmission and | ||||||
3 | distribution facilities, water treatment facilities, | ||||||
4 | airport facilities, sport stadiums, convention centers, | ||||||
5 | and all government owned, operated, or occupied buildings, | ||||||
6 | but
only to the extent
that disclosure would compromise | ||||||
7 | security.
| ||||||
8 | (l) Minutes of meetings of public bodies closed to the
| ||||||
9 | public as provided in the Open Meetings Act until the | ||||||
10 | public body
makes the minutes available to the public under | ||||||
11 | Section 2.06 of the Open
Meetings Act.
| ||||||
12 | (m) Communications between a public body and an | ||||||
13 | attorney or auditor
representing the public body that would | ||||||
14 | not be subject to discovery in
litigation, and materials | ||||||
15 | prepared or compiled by or for a public body in
| ||||||
16 | anticipation of a criminal, civil or administrative | ||||||
17 | proceeding upon the
request of an attorney advising the | ||||||
18 | public body, and materials prepared or
compiled with | ||||||
19 | respect to internal audits of public bodies.
| ||||||
20 | (n) Records relating to a public body's adjudication of | ||||||
21 | employee grievances or disciplinary cases; however, this | ||||||
22 | exemption shall not extend to the final outcome of cases in | ||||||
23 | which discipline is imposed.
| ||||||
24 | (o) Administrative or technical information associated | ||||||
25 | with automated
data processing operations, including but | ||||||
26 | not limited to software,
operating protocols, computer |
| |||||||
| |||||||
1 | program abstracts, file layouts, source
listings, object | ||||||
2 | modules, load modules, user guides, documentation
| ||||||
3 | pertaining to all logical and physical design of | ||||||
4 | computerized systems,
employee manuals, and any other | ||||||
5 | information that, if disclosed, would
jeopardize the | ||||||
6 | security of the system or its data or the security of
| ||||||
7 | materials exempt under this Section.
| ||||||
8 | (p) Records relating to collective negotiating matters
| ||||||
9 | between public bodies and their employees or | ||||||
10 | representatives, except that
any final contract or | ||||||
11 | agreement shall be subject to inspection and copying.
| ||||||
12 | (q) Test questions, scoring keys, and other | ||||||
13 | examination data used to determine the qualifications of an | ||||||
14 | applicant for a license or employment.
| ||||||
15 | (r) The records, documents , and information relating | ||||||
16 | to real estate
purchase negotiations until those | ||||||
17 | negotiations have been completed or
otherwise terminated. | ||||||
18 | With regard to a parcel involved in a pending or
actually | ||||||
19 | and reasonably contemplated eminent domain proceeding | ||||||
20 | under the Eminent Domain Act, records, documents and
| ||||||
21 | information relating to that parcel shall be exempt except | ||||||
22 | as may be
allowed under discovery rules adopted by the | ||||||
23 | Illinois Supreme Court. The
records, documents and | ||||||
24 | information relating to a real estate sale shall be
exempt | ||||||
25 | until a sale is consummated.
| ||||||
26 | (s) Any and all proprietary information and records |
| |||||||
| |||||||
1 | related to the
operation of an intergovernmental risk | ||||||
2 | management association or
self-insurance pool or jointly | ||||||
3 | self-administered health and accident
cooperative or pool.
| ||||||
4 | Insurance or self insurance (including any | ||||||
5 | intergovernmental risk management association or self | ||||||
6 | insurance pool) claims, loss or risk management | ||||||
7 | information, records, data, advice or communications.
| ||||||
8 | (t) Information contained in or related to | ||||||
9 | examination, operating, or
condition reports prepared by, | ||||||
10 | on behalf of, or for the use of a public
body responsible | ||||||
11 | for the regulation or supervision of financial
| ||||||
12 | institutions or insurance companies, unless disclosure is | ||||||
13 | otherwise
required by State law.
| ||||||
14 | (u) Information that would disclose
or might lead to | ||||||
15 | the disclosure of
secret or confidential information, | ||||||
16 | codes, algorithms, programs, or private
keys intended to be | ||||||
17 | used to create electronic or digital signatures under the
| ||||||
18 | Electronic Commerce Security Act.
| ||||||
19 | (v) Vulnerability assessments, security measures, and | ||||||
20 | response policies
or plans that are designed to identify, | ||||||
21 | prevent, or respond to potential
attacks upon a community's | ||||||
22 | population or systems, facilities, or installations,
the | ||||||
23 | destruction or contamination of which would constitute a | ||||||
24 | clear and present
danger to the health or safety of the | ||||||
25 | community, but only to the extent that
disclosure could | ||||||
26 | reasonably be expected to jeopardize the effectiveness of |
| |||||||
| |||||||
1 | the
measures or the safety of the personnel who implement | ||||||
2 | them or the public.
Information exempt under this item may | ||||||
3 | include such things as details
pertaining to the | ||||||
4 | mobilization or deployment of personnel or equipment, to | ||||||
5 | the
operation of communication systems or protocols, or to | ||||||
6 | tactical operations.
| ||||||
7 | (w) (Blank). | ||||||
8 | (x) Maps and other records regarding the location or | ||||||
9 | security of generation, transmission, distribution, | ||||||
10 | storage, gathering,
treatment, or switching facilities | ||||||
11 | owned by a utility, by a power generator, or by the | ||||||
12 | Illinois Power Agency.
| ||||||
13 | (y) Information contained in or related to proposals, | ||||||
14 | bids, or negotiations related to electric power | ||||||
15 | procurement under Section 1-75 of the Illinois Power Agency | ||||||
16 | Act and Section 16-111.5 of the Public Utilities Act that | ||||||
17 | is determined to be confidential and proprietary by the | ||||||
18 | Illinois Power Agency or by the Illinois Commerce | ||||||
19 | Commission.
| ||||||
20 | (z) (tt) Information about students exempted from | ||||||
21 | disclosure under Sections 10-20.38 or 34-18.29 of the | ||||||
22 | School Code, and information about undergraduate students | ||||||
23 | enrolled at an institution of higher education exempted | ||||||
24 | from disclosure under Section 25 of the Illinois Credit | ||||||
25 | Card Marketing Act of 2009. | ||||||
26 | (2) A public record that is not in the possession of a |
| |||||||
| |||||||
1 | public body but is in the possession of a party with whom the | ||||||
2 | agency has contracted to perform a governmental function on | ||||||
3 | behalf of the public body, and that directly relates to the | ||||||
4 | governmental function and is not otherwise exempt under this | ||||||
5 | Act, shall be considered a public record of the public body, | ||||||
6 | for purposes of this Act. | ||||||
7 | (3) This Section does not authorize withholding of | ||||||
8 | information or limit the
availability of records to the public, | ||||||
9 | except as stated in this Section or
otherwise provided in this | ||||||
10 | Act.
| ||||||
11 | (Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07; | ||||||
12 | 95-941, eff. 8-29-08; 95-988, eff. 6-1-09; 96-261, eff. 1-1-10; | ||||||
13 | 96-328, eff. 8-11-09; 96-542, eff. 1-1-10; 96-558, eff. 1-1-10; | ||||||
14 | revised 9-25-09.) | ||||||
15 | (Text of Section after amendment by P.A. 96-736 ) | ||||||
16 | Sec. 7. Exemptions.
| ||||||
17 | (1) When a request is made to inspect or copy a public | ||||||
18 | record that contains information that is exempt from disclosure | ||||||
19 | under this Section, but also contains information that is not | ||||||
20 | exempt from disclosure, the public body may elect to redact the | ||||||
21 | information that is exempt. The public body shall make the | ||||||
22 | remaining information available for inspection and copying. | ||||||
23 | Subject to this requirement, the following shall be exempt from | ||||||
24 | inspection and copying:
| ||||||
25 | (a) Information specifically prohibited from |
| |||||||
| |||||||
1 | disclosure by federal or
State law or rules and regulations | ||||||
2 | implementing federal or State law.
| ||||||
3 | (b) Private information, unless disclosure is required | ||||||
4 | by another provision of this Act, a State or federal law or | ||||||
5 | a court order. | ||||||
6 | (b-5) Files, documents, and other data or databases | ||||||
7 | maintained by one or more law enforcement agencies and | ||||||
8 | specifically designed to provide information to one or more | ||||||
9 | law enforcement agencies regarding the physical or mental | ||||||
10 | status of one or more individual subjects. | ||||||
11 | (c) Personal information contained within public | ||||||
12 | records, the disclosure of which would constitute a clearly
| ||||||
13 | unwarranted invasion of personal privacy, unless the | ||||||
14 | disclosure is
consented to in writing by the individual | ||||||
15 | subjects of the information. "Unwarranted invasion of | ||||||
16 | personal privacy" means the disclosure of information that | ||||||
17 | is highly personal or objectionable to a reasonable person | ||||||
18 | and in which the subject's right to privacy outweighs any | ||||||
19 | legitimate public interest in obtaining the information. | ||||||
20 | The
disclosure of information that bears on the public | ||||||
21 | duties of public
employees and officials shall not be | ||||||
22 | considered an invasion of personal
privacy.
| ||||||
23 | (d) Records in the possession of any public body | ||||||
24 | created in the course of administrative enforcement
| ||||||
25 | proceedings, and any law enforcement or correctional | ||||||
26 | agency for
law enforcement purposes,
but only to the extent |
| |||||||
| |||||||
1 | that disclosure would:
| ||||||
2 | (i) interfere with pending or actually and | ||||||
3 | reasonably contemplated
law enforcement proceedings | ||||||
4 | conducted by any law enforcement or correctional
| ||||||
5 | agency that is the recipient of the request ;
| ||||||
6 | (ii) interfere with active administrative | ||||||
7 | enforcement proceedings
conducted by any the public | ||||||
8 | body that is the recipient of the request ;
| ||||||
9 | (iii) create a substantial likelihood that a | ||||||
10 | person will be deprived of a fair trial or an impartial | ||||||
11 | hearing;
| ||||||
12 | (iv) unavoidably disclose the identity of a | ||||||
13 | confidential source, confidential information | ||||||
14 | furnished only by the confidential source, or persons | ||||||
15 | who file complaints with or provide information to | ||||||
16 | administrative, investigative, law enforcement, or | ||||||
17 | penal agencies; except that the identities of | ||||||
18 | witnesses to traffic accidents, traffic accident | ||||||
19 | reports, and rescue reports shall be provided by | ||||||
20 | agencies of local government, except when disclosure | ||||||
21 | would interfere with an active criminal investigation | ||||||
22 | conducted by the agency that is the recipient of the | ||||||
23 | request ;
| ||||||
24 | (v) disclose unique or specialized investigative | ||||||
25 | techniques other than
those generally used and known or | ||||||
26 | disclose internal documents of
correctional agencies |
| |||||||
| |||||||
1 | related to detection, observation or investigation of
| ||||||
2 | incidents of crime or misconduct , and disclosure would | ||||||
3 | result in demonstrable harm to the agency or public | ||||||
4 | body that is the recipient of the request ;
| ||||||
5 | (vi) endanger the life or physical safety of law | ||||||
6 | enforcement personnel
or any other person; or
| ||||||
7 | (vii) obstruct an ongoing criminal investigation | ||||||
8 | by the agency that is the recipient of the request .
| ||||||
9 | For the purposes of this paragraph (d), if the | ||||||
10 | recipient of the request for records is other than the | ||||||
11 | public body that is contemplating or conducting the | ||||||
12 | administrative enforcement proceeding or investigation or | ||||||
13 | other than the law enforcement or correctional agency that | ||||||
14 | is contemplating or conducting the law enforcement | ||||||
15 | proceeding or investigation, then the recipient of the | ||||||
16 | request shall transmit the request to the public body or | ||||||
17 | law enforcement or correctional agency that is | ||||||
18 | contemplating or conducting such proceeding or | ||||||
19 | investigation within 2 business days after the receipt of | ||||||
20 | the request by any means described in subsection (c) of | ||||||
21 | Section 3. In such event, and concurrently with the | ||||||
22 | transmission of the request, the recipient of the request | ||||||
23 | shall notify the requesting party that the request for | ||||||
24 | records has been transmitted to a public body or law | ||||||
25 | enforcement or correctional agency that is contemplating | ||||||
26 | or conducting an administrative enforcement or law |
| |||||||
| |||||||
1 | enforcement proceeding or investigation and shall identify | ||||||
2 | that public body or law enforcement or correctional agency | ||||||
3 | to the requesting party. Upon receipt of the transmitted | ||||||
4 | request, that public body or law enforcement or | ||||||
5 | correctional agency shall respond to the request within the | ||||||
6 | time limits set forth in subsection (d) of Section 3 or in | ||||||
7 | Section 3.1, as appropriate.
| ||||||
8 | (e) Records that relate to or affect the security of | ||||||
9 | correctional
institutions and detention facilities.
| ||||||
10 | (f) Preliminary drafts, notes, recommendations, | ||||||
11 | memoranda and other
records in which opinions are | ||||||
12 | expressed, or policies or actions are
formulated, except | ||||||
13 | that a specific record or relevant portion of a
record | ||||||
14 | shall not be exempt when the record is publicly cited
and | ||||||
15 | identified by the head of the public body. The exemption | ||||||
16 | provided in
this paragraph (f) extends to all those records | ||||||
17 | of officers and agencies
of the General Assembly that | ||||||
18 | pertain to the preparation of legislative
documents.
| ||||||
19 | (g) Trade secrets and commercial or financial | ||||||
20 | information obtained from
a person or business where the | ||||||
21 | trade secrets or commercial or financial information are | ||||||
22 | furnished under a claim that they are
proprietary, | ||||||
23 | privileged or confidential, and that disclosure of the | ||||||
24 | trade
secrets or commercial or financial information would | ||||||
25 | cause competitive harm to the person or business, and only | ||||||
26 | insofar as the claim directly applies to the records |
| |||||||
| |||||||
1 | requested. | ||||||
2 | The information included under this exemption includes | ||||||
3 | all (i) All trade secrets and commercial or financial | ||||||
4 | information obtained by a public body, including a public | ||||||
5 | pension fund, from a private equity fund or a privately | ||||||
6 | held company within the investment portfolio of a private | ||||||
7 | equity fund as a result of either investing or evaluating a | ||||||
8 | potential investment of public funds in a private equity | ||||||
9 | fund. The exemption contained in this item does not apply | ||||||
10 | to the aggregate financial performance information of a | ||||||
11 | private equity fund, nor to the identity of the fund's | ||||||
12 | managers or general partners. The exemption contained in | ||||||
13 | this item does not apply to the identity of a privately | ||||||
14 | held company within the investment portfolio of a private | ||||||
15 | equity fund, unless the disclosure of the identity of a | ||||||
16 | privately held company may cause competitive harm. | ||||||
17 | Nothing contained in this
paragraph (g) shall be | ||||||
18 | construed to prevent a person or business from
consenting | ||||||
19 | to disclosure.
| ||||||
20 | (h) Proposals and bids for any contract, grant, or | ||||||
21 | agreement, including
information which if it were | ||||||
22 | disclosed would frustrate procurement or give
an advantage | ||||||
23 | to any person proposing to enter into a contractor | ||||||
24 | agreement
with the body, until an award or final selection | ||||||
25 | is made. Information
prepared by or for the body in | ||||||
26 | preparation of a bid solicitation shall be
exempt until an |
| |||||||
| |||||||
1 | award or final selection is made.
| ||||||
2 | (i) Valuable formulae,
computer geographic systems,
| ||||||
3 | designs, drawings and research data obtained or
produced by | ||||||
4 | any public body when disclosure could reasonably be | ||||||
5 | expected to
produce private gain or public loss.
The | ||||||
6 | exemption for "computer geographic systems" provided in | ||||||
7 | this paragraph
(i) does not extend to requests made by news | ||||||
8 | media as defined in Section 2 of
this Act when the | ||||||
9 | requested information is not otherwise exempt and the only
| ||||||
10 | purpose of the request is to access and disseminate | ||||||
11 | information regarding the
health, safety, welfare, or | ||||||
12 | legal rights of the general public.
| ||||||
13 | (j) The following information pertaining to | ||||||
14 | educational matters: | ||||||
15 | (i) test questions, scoring keys and other | ||||||
16 | examination data used to
administer an academic | ||||||
17 | examination;
| ||||||
18 | (ii) information received by a primary or | ||||||
19 | secondary school, college, or university under its | ||||||
20 | procedures for the evaluation of faculty members by | ||||||
21 | their academic peers; | ||||||
22 | (iii) information concerning a school or | ||||||
23 | university's adjudication of student disciplinary | ||||||
24 | cases, but only to the extent that disclosure would | ||||||
25 | unavoidably reveal the identity of the student; and | ||||||
26 | (iv) course materials or research materials used |
| |||||||
| |||||||
1 | by faculty members. | ||||||
2 | (k) Architects' plans, engineers' technical | ||||||
3 | submissions, and
other
construction related technical | ||||||
4 | documents for
projects not constructed or developed in | ||||||
5 | whole or in part with public funds
and the same for | ||||||
6 | projects constructed or developed with public funds, | ||||||
7 | including but not limited to power generating and | ||||||
8 | distribution stations and other transmission and | ||||||
9 | distribution facilities, water treatment facilities, | ||||||
10 | airport facilities, sport stadiums, convention centers, | ||||||
11 | and all government owned, operated, or occupied buildings, | ||||||
12 | but
only to the extent
that disclosure would compromise | ||||||
13 | security.
| ||||||
14 | (l) Minutes of meetings of public bodies closed to the
| ||||||
15 | public as provided in the Open Meetings Act until the | ||||||
16 | public body
makes the minutes available to the public under | ||||||
17 | Section 2.06 of the Open
Meetings Act.
| ||||||
18 | (m) Communications between a public body and an | ||||||
19 | attorney or auditor
representing the public body that would | ||||||
20 | not be subject to discovery in
litigation, and materials | ||||||
21 | prepared or compiled by or for a public body in
| ||||||
22 | anticipation of a criminal, civil or administrative | ||||||
23 | proceeding upon the
request of an attorney advising the | ||||||
24 | public body, and materials prepared or
compiled with | ||||||
25 | respect to internal audits of public bodies.
| ||||||
26 | (n) Records relating to a public body's adjudication of |
| |||||||
| |||||||
1 | employee grievances or disciplinary cases; however, this | ||||||
2 | exemption shall not extend to the final outcome of cases in | ||||||
3 | which discipline is imposed.
| ||||||
4 | (o) Administrative or technical information associated | ||||||
5 | with automated
data processing operations, including but | ||||||
6 | not limited to software,
operating protocols, computer | ||||||
7 | program abstracts, file layouts, source
listings, object | ||||||
8 | modules, load modules, user guides, documentation
| ||||||
9 | pertaining to all logical and physical design of | ||||||
10 | computerized systems,
employee manuals, and any other | ||||||
11 | information that, if disclosed, would
jeopardize the | ||||||
12 | security of the system or its data or the security of
| ||||||
13 | materials exempt under this Section.
| ||||||
14 | (p) Records relating to collective negotiating matters
| ||||||
15 | between public bodies and their employees or | ||||||
16 | representatives, except that
any final contract or | ||||||
17 | agreement shall be subject to inspection and copying.
| ||||||
18 | (q) Test questions, scoring keys, and other | ||||||
19 | examination data used to determine the qualifications of an | ||||||
20 | applicant for a license or employment.
| ||||||
21 | (r) The records, documents , and information relating | ||||||
22 | to real estate
purchase negotiations until those | ||||||
23 | negotiations have been completed or
otherwise terminated. | ||||||
24 | With regard to a parcel involved in a pending or
actually | ||||||
25 | and reasonably contemplated eminent domain proceeding | ||||||
26 | under the Eminent Domain Act, records, documents and
|
| |||||||
| |||||||
1 | information relating to that parcel shall be exempt except | ||||||
2 | as may be
allowed under discovery rules adopted by the | ||||||
3 | Illinois Supreme Court. The
records, documents and | ||||||
4 | information relating to a real estate sale shall be
exempt | ||||||
5 | until a sale is consummated.
| ||||||
6 | (s) Any and all proprietary information and records | ||||||
7 | related to the
operation of an intergovernmental risk | ||||||
8 | management association or
self-insurance pool or jointly | ||||||
9 | self-administered health and accident
cooperative or pool.
| ||||||
10 | Insurance or self insurance (including any | ||||||
11 | intergovernmental risk management association or self | ||||||
12 | insurance pool) claims, loss or risk management | ||||||
13 | information, records, data, advice or communications.
| ||||||
14 | (t) Information contained in or related to | ||||||
15 | examination, operating, or
condition reports prepared by, | ||||||
16 | on behalf of, or for the use of a public
body responsible | ||||||
17 | for the regulation or supervision of financial
| ||||||
18 | institutions or insurance companies, unless disclosure is | ||||||
19 | otherwise
required by State law.
| ||||||
20 | (u) Information that would disclose
or might lead to | ||||||
21 | the disclosure of
secret or confidential information, | ||||||
22 | codes, algorithms, programs, or private
keys intended to be | ||||||
23 | used to create electronic or digital signatures under the
| ||||||
24 | Electronic Commerce Security Act.
| ||||||
25 | (v) Vulnerability assessments, security measures, and | ||||||
26 | response policies
or plans that are designed to identify, |
| |||||||
| |||||||
1 | prevent, or respond to potential
attacks upon a community's | ||||||
2 | population or systems, facilities, or installations,
the | ||||||
3 | destruction or contamination of which would constitute a | ||||||
4 | clear and present
danger to the health or safety of the | ||||||
5 | community, but only to the extent that
disclosure could | ||||||
6 | reasonably be expected to jeopardize the effectiveness of | ||||||
7 | the
measures or the safety of the personnel who implement | ||||||
8 | them or the public.
Information exempt under this item may | ||||||
9 | include such things as details
pertaining to the | ||||||
10 | mobilization or deployment of personnel or equipment, to | ||||||
11 | the
operation of communication systems or protocols, or to | ||||||
12 | tactical operations.
| ||||||
13 | (w) (Blank). | ||||||
14 | (x) Maps and other records regarding the location or | ||||||
15 | security of generation, transmission, distribution, | ||||||
16 | storage, gathering,
treatment, or switching facilities | ||||||
17 | owned by a utility, by a power generator, or by the | ||||||
18 | Illinois Power Agency.
| ||||||
19 | (y) Information contained in or related to proposals, | ||||||
20 | bids, or negotiations related to electric power | ||||||
21 | procurement under Section 1-75 of the Illinois Power Agency | ||||||
22 | Act and Section 16-111.5 of the Public Utilities Act that | ||||||
23 | is determined to be confidential and proprietary by the | ||||||
24 | Illinois Power Agency or by the Illinois Commerce | ||||||
25 | Commission.
| ||||||
26 | (z) (tt) Information about students exempted from |
| |||||||
| |||||||
1 | disclosure under Sections 10-20.38 or 34-18.29 of the | ||||||
2 | School Code, and information about undergraduate students | ||||||
3 | enrolled at an institution of higher education exempted | ||||||
4 | from disclosure under Section 25 of the Illinois Credit | ||||||
5 | Card Marketing Act of 2009. | ||||||
6 | (aa) (tt) Information the disclosure of which is
| ||||||
7 | exempted under the Viatical Settlements Act of 2009.
| ||||||
8 | (2) A public record that is not in the possession of a | ||||||
9 | public body but is in the possession of a party with whom the | ||||||
10 | agency has contracted to perform a governmental function on | ||||||
11 | behalf of the public body, and that directly relates to the | ||||||
12 | governmental function and is not otherwise exempt under this | ||||||
13 | Act, shall be considered a public record of the public body, | ||||||
14 | for purposes of this Act. | ||||||
15 | (3) This Section does not authorize withholding of | ||||||
16 | information or limit the
availability of records to the public, | ||||||
17 | except as stated in this Section or
otherwise provided in this | ||||||
18 | Act.
| ||||||
19 | (Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07; | ||||||
20 | 95-941, eff. 8-29-08; 95-988, eff. 6-1-09; 96-261, eff. 1-1-10; | ||||||
21 | 96-328, eff. 8-11-09; 96-542, eff. 1-1-10; 96-558, eff. 1-1-10; | ||||||
22 | 96-736, eff. 7-1-10; revised 9-25-09.) | ||||||
23 | Section 95. No acceleration or delay. Where this Act makes | ||||||
24 | changes in a statute that is represented in this Act by text | ||||||
25 | that is not yet or no longer in effect (for example, a Section |
| |||||||
| |||||||
1 | represented by multiple versions), the use of that text does | ||||||
2 | not accelerate or delay the taking effect of (i) the changes | ||||||
3 | made by this Act or (ii) provisions derived from any other | ||||||
4 | Public Act.
| ||||||
5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.
|