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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 1. Short title. This Act may be cited as the Public | |||||||||||||||||||||
5 | Safety Officer Privacy Act. | |||||||||||||||||||||
6 | Section 5. Purpose; scope. The purpose of this Act is to | |||||||||||||||||||||
7 | improve the safety and security of Illinois public safety | |||||||||||||||||||||
8 | officers to ensure they are able to uphold their duty to | |||||||||||||||||||||
9 | maintain public safety without fear of personal reprisal from | |||||||||||||||||||||
10 | individuals affected by the decisions they make in the course | |||||||||||||||||||||
11 | of carrying out their public function. This Act is not intended | |||||||||||||||||||||
12 | to restrain a public safety officer from independently making | |||||||||||||||||||||
13 | public his or her own personal information. Additionally, no | |||||||||||||||||||||
14 | government agency, person, business, or association has any | |||||||||||||||||||||
15 | obligation under this Act to protect the privacy of a public | |||||||||||||||||||||
16 | safety officer's personal information until the public safety | |||||||||||||||||||||
17 | officer makes a written request that his or her personal | |||||||||||||||||||||
18 | information not be publicly posted. | |||||||||||||||||||||
19 | Section 10. Definitions. As used in this Act: | |||||||||||||||||||||
20 | "Correctional officer" means a person who is employed by or | |||||||||||||||||||||
21 | works for a government agency penal institution. | |||||||||||||||||||||
22 | "Fire fighter" means any
person appointed to a fire |
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1 | department or fire
protection district or employed by a | ||||||
2 | government agency and sworn or
commissioned to perform fire | ||||||
3 | fighter duties or paramedic duties, including part-time fire | ||||||
4 | fighters,
auxiliary fire fighters, reserve or voluntary fire | ||||||
5 | fighters, and paid on-call fire
fighters. | ||||||
6 | "Government agency" includes all agencies, authorities, | ||||||
7 | boards, commissions, departments, institutions, offices, and | ||||||
8 | any other bodies politic and corporate of this State, created | ||||||
9 | by the constitution or statute, whether in the executive, | ||||||
10 | judicial, or legislative branch; all units and corporate | ||||||
11 | outgrowths created by executive order of the Governor or any | ||||||
12 | constitutional officer, by the Supreme Court, or by resolution | ||||||
13 | of the General Assembly; or agencies, authorities, boards, | ||||||
14 | commissions, departments, institutions, offices, and any other | ||||||
15 | bodies politic and corporate of a unit of local government or | ||||||
16 | school district. | ||||||
17 | "Home address" includes a public safety officer's | ||||||
18 | permanent residence and any secondary residences affirmatively | ||||||
19 | identified by the public safety officer, but does not include a | ||||||
20 | public safety officer's work address. | ||||||
21 | "Immediate family" includes a public safety officer's | ||||||
22 | spouse, child, parent, or any blood relative of the public | ||||||
23 | safety officer or the public safety officer's spouse who lives | ||||||
24 | in the same residence as the public safety officer. | ||||||
25 | "Peace officer" or "officer" means a person defined under | ||||||
26 | Section 2-13 of the Criminal Code of 2012. |
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1 | "Penal institution" means an institution defined under | ||||||
2 | Section 2-14 of the Criminal Code of 2012. | ||||||
3 | "Personal information" means a home address, home | ||||||
4 | telephone number, mobile telephone number, pager number, | ||||||
5 | personal email address, social security number, federal tax | ||||||
6 | identification number, checking and savings account numbers, | ||||||
7 | credit card numbers, marital status, and identity of children | ||||||
8 | under the age of 18. | ||||||
9 | "Public safety officer" means a peace officer, fire | ||||||
10 | fighter, or correctional officer. | ||||||
11 | "Publicly available content" means any written, printed, | ||||||
12 | or electronic document or record that provides information or | ||||||
13 | that serves as a document or record maintained, controlled, or | ||||||
14 | in the possession of a government agency that may be obtained | ||||||
15 | by any person or entity, from the Internet, from the government | ||||||
16 | agency upon request either free of charge or for a fee, or in | ||||||
17 | response to a request under the Freedom of Information Act. | ||||||
18 | "Publicly post" or "publicly display" means to communicate | ||||||
19 | to another or otherwise make available to the general public. | ||||||
20 | "Written request" means written notice signed by a public | ||||||
21 | safety officer or a representative of the public safety | ||||||
22 | officer's employer requesting a government agency, person, | ||||||
23 | business, or association to refrain from posting or displaying | ||||||
24 | publicly available content that includes the public safety | ||||||
25 | officer's personal information. |
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1 | Section 15. Publicly posting or displaying a public safety | ||||||
2 | officer's personal information. | ||||||
3 | (a) A government agency shall not publicly post or display | ||||||
4 | publicly available content that includes a public safety | ||||||
5 | officer's personal information if the government agency has | ||||||
6 | received a written request in accordance with Section 20 of | ||||||
7 | this Act. After a government agency has received a written | ||||||
8 | request, that agency shall remove the public safety officer's | ||||||
9 | personal information from publicly available content within 5 | ||||||
10 | business days. After the government agency has removed the | ||||||
11 | public safety officer's personal information from publicly | ||||||
12 | available content, the agency shall not publicly post or | ||||||
13 | display the information and the public safety officer's | ||||||
14 | personal information shall be exempt from disclosure under the | ||||||
15 | Freedom of Information Act unless the government agency has | ||||||
16 | received consent from the public safety officer to make the | ||||||
17 | personal information available to the public. | ||||||
18 | (b) A person, business, or association shall not publicly | ||||||
19 | post or display on the Internet available content that includes | ||||||
20 | a public safety officer's personal information if the public | ||||||
21 | safety officer has made a written request in accordance with | ||||||
22 | Section 20 of this Act to the person, business, or association. | ||||||
23 | After a person, business, or association has received a written | ||||||
24 | request from a public safety officer, the person, business, or | ||||||
25 | association shall have 5 business days to remove the personal | ||||||
26 | information from the Internet. The person, business, or |
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1 | association shall also ensure that the public safety officer's | ||||||
2 | personal information is not made available on any website or | ||||||
3 | subsidiary website controlled by the person, business, or | ||||||
4 | association, nor transferred to any other person, business, or | ||||||
5 | association through any medium. Regardless of whether a written | ||||||
6 | request has been made, no person, business, or association | ||||||
7 | shall solicit, sell, or trade on the Internet a public safety | ||||||
8 | officer's personal information with the intent to pose an | ||||||
9 | imminent and serious threat to the health and safety of the | ||||||
10 | public safety officer or the public safety officer's immediate | ||||||
11 | family. | ||||||
12 | (c) A public safety officer whose personal information is | ||||||
13 | made public as a result of a violation of this Act may bring an | ||||||
14 | action seeking injunctive or declaratory relief in any court of | ||||||
15 | competent jurisdiction. | ||||||
16 | Section 20. Procedure for completing a written request. | ||||||
17 | (a) A government agency, person, business, or association | ||||||
18 | shall not be found to have violated any provision of this Act | ||||||
19 | if the public safety officer fails to submit a written request | ||||||
20 | under this Section. | ||||||
21 | (b) A written request is valid if the public safety officer | ||||||
22 | or representative acting in accordance with subsection (c) of | ||||||
23 | this Section sends a written request directly to a government | ||||||
24 | agency, person, business, or association. | ||||||
25 | (c) A representative from the public safety officer's |
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1 | employer may submit a written request on behalf of the public | ||||||
2 | safety officer if the public safety officer gives written | ||||||
3 | consent to the representative and the representative agrees to | ||||||
4 | furnish a copy of the consent when a written request is made. | ||||||
5 | The representative shall submit the written request as provided | ||||||
6 | in this Section. | ||||||
7 | (d) A public safety officer's written request shall specify | ||||||
8 | which personal information shall be maintained private. If a | ||||||
9 | public safety officer wishes to identify a secondary residence | ||||||
10 | as a home address, the designation shall be made in the written | ||||||
11 | request. A public safety officer shall disclose the identity of | ||||||
12 | the officer's immediate family and indicate that the personal | ||||||
13 | information of these family members shall also be excluded to | ||||||
14 | the extent that it could reasonably be expected to reveal the | ||||||
15 | personal information of the public safety officer. | ||||||
16 | (e) A public safety officer's written request is valid | ||||||
17 | until he or she provides the government agency, person, | ||||||
18 | business, or association with written permission to release the | ||||||
19 | private information. A public safety officer's written request | ||||||
20 | expires upon the death of the officer.
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21 | Section 105. The Freedom of Information Act is amended by | ||||||
22 | changing Section 7.5 as follows: | ||||||
23 | (5 ILCS 140/7.5) | ||||||
24 | Sec. 7.5. Statutory exemptions. To the extent provided for |
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1 | by the statutes referenced below, the following shall be exempt | ||||||
2 | from inspection and copying: | ||||||
3 | (a) All information determined to be confidential | ||||||
4 | under Section 4002 of the Technology Advancement and | ||||||
5 | Development Act. | ||||||
6 | (b) Library circulation and order records identifying | ||||||
7 | library users with specific materials under the Library | ||||||
8 | Records Confidentiality Act. | ||||||
9 | (c) Applications, related documents, and medical | ||||||
10 | records received by the Experimental Organ Transplantation | ||||||
11 | Procedures Board and any and all documents or other records | ||||||
12 | prepared by the Experimental Organ Transplantation | ||||||
13 | Procedures Board or its staff relating to applications it | ||||||
14 | has received. | ||||||
15 | (d) Information and records held by the Department of | ||||||
16 | Public Health and its authorized representatives relating | ||||||
17 | to known or suspected cases of sexually transmissible | ||||||
18 | disease or any information the disclosure of which is | ||||||
19 | restricted under the Illinois Sexually Transmissible | ||||||
20 | Disease Control Act. | ||||||
21 | (e) Information the disclosure of which is exempted | ||||||
22 | under Section 30 of the Radon Industry Licensing Act. | ||||||
23 | (f) Firm performance evaluations under Section 55 of | ||||||
24 | the Architectural, Engineering, and Land Surveying | ||||||
25 | Qualifications Based Selection Act. | ||||||
26 | (g) Information the disclosure of which is restricted |
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1 | and exempted under Section 50 of the Illinois Prepaid | ||||||
2 | Tuition Act. | ||||||
3 | (h) Information the disclosure of which is exempted | ||||||
4 | under the State Officials and Employees Ethics Act, and | ||||||
5 | records of any lawfully created State or local inspector | ||||||
6 | general's office that would be exempt if created or | ||||||
7 | obtained by an Executive Inspector General's office under | ||||||
8 | that Act. | ||||||
9 | (i) Information contained in a local emergency energy | ||||||
10 | plan submitted to a municipality in accordance with a local | ||||||
11 | emergency energy plan ordinance that is adopted under | ||||||
12 | Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
13 | (j) Information and data concerning the distribution | ||||||
14 | of surcharge moneys collected and remitted by wireless | ||||||
15 | carriers under the Wireless Emergency Telephone Safety | ||||||
16 | Act. | ||||||
17 | (k) Law enforcement officer identification information | ||||||
18 | or driver identification information compiled by a law | ||||||
19 | enforcement agency or the Department of Transportation | ||||||
20 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
21 | (l) Records and information provided to a residential | ||||||
22 | health care facility resident sexual assault and death | ||||||
23 | review team or the Executive Council under the Abuse | ||||||
24 | Prevention Review Team Act. | ||||||
25 | (m) Information provided to the predatory lending | ||||||
26 | database created pursuant to Article 3 of the Residential |
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1 | Real Property Disclosure Act, except to the extent | ||||||
2 | authorized under that Article. | ||||||
3 | (n) Defense budgets and petitions for certification of | ||||||
4 | compensation and expenses for court appointed trial | ||||||
5 | counsel as provided under Sections 10 and 15 of the Capital | ||||||
6 | Crimes Litigation Act. This subsection (n) shall apply | ||||||
7 | until the conclusion of the trial of the case, even if the | ||||||
8 | prosecution chooses not to pursue the death penalty prior | ||||||
9 | to trial or sentencing. | ||||||
10 | (o) Information that is prohibited from being | ||||||
11 | disclosed under Section 4 of the Illinois Health and | ||||||
12 | Hazardous Substances Registry Act. | ||||||
13 | (p) Security portions of system safety program plans, | ||||||
14 | investigation reports, surveys, schedules, lists, data, or | ||||||
15 | information compiled, collected, or prepared by or for the | ||||||
16 | Regional Transportation Authority under Section 2.11 of | ||||||
17 | the Regional Transportation Authority Act or the St. Clair | ||||||
18 | County Transit District under the Bi-State Transit Safety | ||||||
19 | Act. | ||||||
20 | (q) Information prohibited from being disclosed by the | ||||||
21 | Personnel Records Review Act. | ||||||
22 | (r) Information prohibited from being disclosed by the | ||||||
23 | Illinois School Student Records Act. | ||||||
24 | (s) Information the disclosure of which is restricted | ||||||
25 | under Section 5-108 of the Public Utilities Act.
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26 | (t) All identified or deidentified health information |
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1 | in the form of health data or medical records contained in, | ||||||
2 | stored in, submitted to, transferred by, or released from | ||||||
3 | the Illinois Health Information Exchange, and identified | ||||||
4 | or deidentified health information in the form of health | ||||||
5 | data and medical records of the Illinois Health Information | ||||||
6 | Exchange in the possession of the Illinois Health | ||||||
7 | Information Exchange Authority due to its administration | ||||||
8 | of the Illinois Health Information Exchange. The terms | ||||||
9 | "identified" and "deidentified" shall be given the same | ||||||
10 | meaning as in the Health Insurance Portability and | ||||||
11 | Accountability Act of 1996, Public Law 104-191, or any | ||||||
12 | subsequent amendments thereto, and any regulations | ||||||
13 | promulgated thereunder. | ||||||
14 | (u) Records and information provided to an independent | ||||||
15 | team of experts under Brian's Law. | ||||||
16 | (v) Names and information of people who have applied | ||||||
17 | for or received Firearm Owner's Identification Cards under | ||||||
18 | the Firearm Owners Identification Card Act or applied for | ||||||
19 | or received a concealed carry license under the Firearm | ||||||
20 | Concealed Carry Act, unless otherwise authorized by the | ||||||
21 | Firearm Concealed Carry Act; and databases under the | ||||||
22 | Firearm Concealed Carry Act, records of the Concealed Carry | ||||||
23 | Licensing Review Board under the Firearm Concealed Carry | ||||||
24 | Act, and law enforcement agency objections under the | ||||||
25 | Firearm Concealed Carry Act. | ||||||
26 | (w) Personally identifiable information which is |
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1 | exempted from disclosure under subsection (g) of Section | ||||||
2 | 19.1 of the Toll Highway Act. | ||||||
3 | (x) Information which is exempted from disclosure | ||||||
4 | under Section 5-1014.3 of the Counties Code or Section | ||||||
5 | 8-11-21 of the Illinois Municipal Code. | ||||||
6 | (y) Confidential information under the Adult | ||||||
7 | Protective Services Act and its predecessor enabling | ||||||
8 | statute, the Elder Abuse and Neglect Act, including | ||||||
9 | information about the identity and administrative finding | ||||||
10 | against any caregiver of a verified and substantiated | ||||||
11 | decision of abuse, neglect, or financial exploitation of an | ||||||
12 | eligible adult maintained in the Registry established | ||||||
13 | under Section 7.5 of the Adult Protective Services Act. | ||||||
14 | (z) Records and information provided to a fatality | ||||||
15 | review team or the Illinois Fatality Review Team Advisory | ||||||
16 | Council under Section 15 of the Adult Protective Services | ||||||
17 | Act. | ||||||
18 | (aa) Information which is exempted from disclosure | ||||||
19 | under Section 2.37 of the Wildlife Code. | ||||||
20 | (bb) Information which is or was prohibited from | ||||||
21 | disclosure by the Juvenile Court Act of 1987. | ||||||
22 | (cc) Recordings made under the Law Enforcement | ||||||
23 | Officer-Worn Body Camera Act, except to the extent | ||||||
24 | authorized under that Act. | ||||||
25 | (dd) Information that is prohibited from being | ||||||
26 | disclosed under Section 45 of the Condominium and Common |
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1 | Interest Community Ombudsperson Act. | ||||||
2 | (ee) (dd) Information that is exempted from disclosure | ||||||
3 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
4 | (ff) Information that is exempt from disclosure under | ||||||
5 | the Public Safety Officer Privacy Act. | ||||||
6 | (Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, | ||||||
7 | eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14; | ||||||
8 | 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16; | ||||||
9 | 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff. | ||||||
10 | 8-19-16; revised 9-1-16.)
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