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1 | AN ACT concerning human rights.
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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 7.5 as follows:
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6 | (5 ILCS 140/7.5)
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7 | Sec. 7.5. Statutory exemptions. To the extent provided for | |||||||||||||||||||||
8 | by the statutes referenced below, the following shall be | |||||||||||||||||||||
9 | exempt from inspection and copying: | |||||||||||||||||||||
10 | (a) All information determined to be confidential | |||||||||||||||||||||
11 | under Section 4002 of the Technology Advancement and | |||||||||||||||||||||
12 | Development Act. | |||||||||||||||||||||
13 | (b) Library circulation and order records identifying | |||||||||||||||||||||
14 | library users with specific materials under the Library | |||||||||||||||||||||
15 | Records Confidentiality Act. | |||||||||||||||||||||
16 | (c) Applications, related documents, and medical | |||||||||||||||||||||
17 | records received by the Experimental Organ Transplantation | |||||||||||||||||||||
18 | Procedures Board and any and all documents or other | |||||||||||||||||||||
19 | records prepared by the Experimental Organ Transplantation | |||||||||||||||||||||
20 | Procedures Board or its staff relating to applications it | |||||||||||||||||||||
21 | has received. | |||||||||||||||||||||
22 | (d) Information and records held by the Department of | |||||||||||||||||||||
23 | Public Health and its authorized representatives relating |
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1 | to known or suspected cases of sexually transmissible | ||||||
2 | disease or any information the disclosure of which is | ||||||
3 | restricted under the Illinois Sexually Transmissible | ||||||
4 | Disease Control Act. | ||||||
5 | (e) Information the disclosure of which is exempted | ||||||
6 | under Section 30 of the Radon Industry Licensing Act. | ||||||
7 | (f) Firm performance evaluations under Section 55 of | ||||||
8 | the Architectural, Engineering, and Land Surveying | ||||||
9 | Qualifications Based Selection Act. | ||||||
10 | (g) Information the disclosure of which is restricted | ||||||
11 | and exempted under Section 50 of the Illinois Prepaid | ||||||
12 | Tuition Act. | ||||||
13 | (h) Information the disclosure of which is exempted | ||||||
14 | under the State Officials and Employees Ethics Act, and | ||||||
15 | records of any lawfully created State or local inspector | ||||||
16 | general's office that would be exempt if created or | ||||||
17 | obtained by an Executive Inspector General's office under | ||||||
18 | that Act. | ||||||
19 | (i) Information contained in a local emergency energy | ||||||
20 | plan submitted to a municipality in accordance with a | ||||||
21 | local emergency energy plan ordinance that is adopted | ||||||
22 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
23 | (j) Information and data concerning the distribution | ||||||
24 | of surcharge moneys collected and remitted by carriers | ||||||
25 | under the Emergency Telephone System Act. | ||||||
26 | (k) Law enforcement officer identification information |
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1 | or driver identification information compiled by a law | ||||||
2 | enforcement agency or the Department of Transportation | ||||||
3 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
4 | (l) Records and information provided to a residential | ||||||
5 | health care facility resident sexual assault and death | ||||||
6 | review team or the Executive Council under the Abuse | ||||||
7 | Prevention Review Team Act. | ||||||
8 | (m) Information provided to the predatory lending | ||||||
9 | database created pursuant to Article 3 of the Residential | ||||||
10 | Real Property Disclosure Act, except to the extent | ||||||
11 | authorized under that Article. | ||||||
12 | (n) Defense budgets and petitions for certification of | ||||||
13 | compensation and expenses for court appointed trial | ||||||
14 | counsel as provided under Sections 10 and 15 of the | ||||||
15 | Capital Crimes Litigation Act. This subsection (n) shall | ||||||
16 | apply until the conclusion of the trial of the case, even | ||||||
17 | if the prosecution chooses not to pursue the death penalty | ||||||
18 | prior to trial or sentencing. | ||||||
19 | (o) Information that is prohibited from being | ||||||
20 | disclosed under Section 4 of the Illinois Health and | ||||||
21 | Hazardous Substances Registry Act. | ||||||
22 | (p) Security portions of system safety program plans, | ||||||
23 | investigation reports, surveys, schedules, lists, data, or | ||||||
24 | information compiled, collected, or prepared by or for the | ||||||
25 | Department of Transportation under Sections 2705-300 and | ||||||
26 | 2705-616 of the Department of Transportation Law of the |
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1 | Civil Administrative Code of Illinois, the Regional | ||||||
2 | Transportation Authority under Section 2.11 of the | ||||||
3 | Regional Transportation Authority Act, or the St. Clair | ||||||
4 | County Transit District under the Bi-State Transit Safety | ||||||
5 | Act. | ||||||
6 | (q) Information prohibited from being disclosed by the | ||||||
7 | Personnel Record Review Act. | ||||||
8 | (r) Information prohibited from being disclosed by the | ||||||
9 | Illinois School Student Records Act. | ||||||
10 | (s) Information the disclosure of which is restricted | ||||||
11 | under Section 5-108 of the Public Utilities Act.
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12 | (t) All identified or deidentified health information | ||||||
13 | in the form of health data or medical records contained | ||||||
14 | in, stored in, submitted to, transferred by, or released | ||||||
15 | from the Illinois Health Information Exchange, and | ||||||
16 | identified or deidentified health information in the form | ||||||
17 | of health data and medical records of the Illinois Health | ||||||
18 | Information Exchange in the possession of the Illinois | ||||||
19 | Health Information Exchange Office due to its | ||||||
20 | administration of the Illinois Health Information | ||||||
21 | Exchange. The terms "identified" and "deidentified" shall | ||||||
22 | be given the same meaning as in the Health Insurance | ||||||
23 | Portability and Accountability Act of 1996, Public Law | ||||||
24 | 104-191, or any subsequent amendments thereto, and any | ||||||
25 | regulations promulgated thereunder. | ||||||
26 | (u) Records and information provided to an independent |
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1 | team of experts under the Developmental Disability and | ||||||
2 | Mental Health Safety Act (also known as Brian's Law). | ||||||
3 | (v) Names and information of people who have applied | ||||||
4 | for or received Firearm Owner's Identification Cards under | ||||||
5 | the Firearm Owners Identification Card Act or applied for | ||||||
6 | or received a concealed carry license under the Firearm | ||||||
7 | Concealed Carry Act, unless otherwise authorized by the | ||||||
8 | Firearm Concealed Carry Act; and databases under the | ||||||
9 | Firearm Concealed Carry Act, records of the Concealed | ||||||
10 | Carry Licensing Review Board under the Firearm Concealed | ||||||
11 | Carry Act, and law enforcement agency objections under the | ||||||
12 | Firearm Concealed Carry Act. | ||||||
13 | (v-5) Records of the Firearm Owner's Identification | ||||||
14 | Card Review Board that are exempted from disclosure under | ||||||
15 | Section 10 of the Firearm Owners Identification Card Act. | ||||||
16 | (w) Personally identifiable information which is | ||||||
17 | exempted from disclosure under subsection (g) of Section | ||||||
18 | 19.1 of the Toll Highway Act. | ||||||
19 | (x) Information which is exempted from disclosure | ||||||
20 | under Section 5-1014.3 of the Counties Code or Section | ||||||
21 | 8-11-21 of the Illinois Municipal Code. | ||||||
22 | (y) Confidential information under the Adult | ||||||
23 | Protective Services Act and its predecessor enabling | ||||||
24 | statute, the Elder Abuse and Neglect Act, including | ||||||
25 | information about the identity and administrative finding | ||||||
26 | against any caregiver of a verified and substantiated |
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1 | decision of abuse, neglect, or financial exploitation of | ||||||
2 | an eligible adult maintained in the Registry established | ||||||
3 | under Section 7.5 of the Adult Protective Services Act. | ||||||
4 | (z) Records and information provided to a fatality | ||||||
5 | review team or the Illinois Fatality Review Team Advisory | ||||||
6 | Council under Section 15 of the Adult Protective Services | ||||||
7 | Act. | ||||||
8 | (aa) Information which is exempted from disclosure | ||||||
9 | under Section 2.37 of the Wildlife Code. | ||||||
10 | (bb) Information which is or was prohibited from | ||||||
11 | disclosure by the Juvenile Court Act of 1987. | ||||||
12 | (cc) Recordings made under the Law Enforcement | ||||||
13 | Officer-Worn Body Camera Act, except to the extent | ||||||
14 | authorized under that Act. | ||||||
15 | (dd) Information that is prohibited from being | ||||||
16 | disclosed under Section 45 of the Condominium and Common | ||||||
17 | Interest Community Ombudsperson Act. | ||||||
18 | (ee) Information that is exempted from disclosure | ||||||
19 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
20 | (ff) Information that is exempted from disclosure | ||||||
21 | under the Revised Uniform Unclaimed Property Act. | ||||||
22 | (gg) Information that is prohibited from being | ||||||
23 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
24 | Code. | ||||||
25 | (hh) Records that are exempt from disclosure under | ||||||
26 | Section 1A-16.7 of the Election Code. |
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1 | (ii) Information which is exempted from disclosure | ||||||
2 | under Section 2505-800 of the Department of Revenue Law of | ||||||
3 | the Civil Administrative Code of Illinois. | ||||||
4 | (jj) Information and reports that are required to be | ||||||
5 | submitted to the Department of Labor by registering day | ||||||
6 | and temporary labor service agencies but are exempt from | ||||||
7 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
8 | and Temporary Labor Services Act. | ||||||
9 | (kk) Information prohibited from disclosure under the | ||||||
10 | Seizure and Forfeiture Reporting Act. | ||||||
11 | (ll) Information the disclosure of which is restricted | ||||||
12 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
13 | Aid Code. | ||||||
14 | (mm) Records that are exempt from disclosure under | ||||||
15 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
16 | (nn) Information that is exempt from disclosure under | ||||||
17 | Section 70 of the Higher Education Student Assistance Act. | ||||||
18 | (oo) Communications, notes, records, and reports | ||||||
19 | arising out of a peer support counseling session | ||||||
20 | prohibited from disclosure under the First Responders | ||||||
21 | Suicide Prevention Act. | ||||||
22 | (pp) Names and all identifying information relating to | ||||||
23 | an employee of an emergency services provider or law | ||||||
24 | enforcement agency under the First Responders Suicide | ||||||
25 | Prevention Act. | ||||||
26 | (qq) Information and records held by the Department of |
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1 | Public Health and its authorized representatives collected | ||||||
2 | under the Reproductive Health Act. | ||||||
3 | (rr) Information that is exempt from disclosure under | ||||||
4 | the Cannabis Regulation and Tax Act. | ||||||
5 | (ss) Data reported by an employer to the Department of | ||||||
6 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
7 | Human Rights Act. | ||||||
8 | (tt) Recordings made under the Children's Advocacy | ||||||
9 | Center Act, except to the extent authorized under that | ||||||
10 | Act. | ||||||
11 | (uu) Information that is exempt from disclosure under | ||||||
12 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
13 | (vv) Information that is exempt from disclosure under | ||||||
14 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
15 | Public Aid Code. | ||||||
16 | (ww) Information that is exempt from disclosure under | ||||||
17 | Section 16.8 of the State Treasurer Act. | ||||||
18 | (xx) Information that is exempt from disclosure or | ||||||
19 | information that shall not be made public under the | ||||||
20 | Illinois Insurance Code. | ||||||
21 | (yy) Information prohibited from being disclosed under | ||||||
22 | the Illinois Educational Labor Relations Act. | ||||||
23 | (zz) Information prohibited from being disclosed under | ||||||
24 | the Illinois Public Labor Relations Act. | ||||||
25 | (aaa) Information prohibited from being disclosed | ||||||
26 | under Section 1-167 of the Illinois Pension Code. |
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1 | (bbb) Information that is prohibited from disclosure | ||||||
2 | by the Illinois Police Training Act and the Illinois State | ||||||
3 | Police Act. | ||||||
4 | (ccc) Records exempt from disclosure under Section
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5 | 2605-304 of the Illinois State Police Law of the Civil
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6 | Administrative Code of Illinois. | ||||||
7 | (ddd) Information prohibited from being disclosed | ||||||
8 | under Section 35 of the Address Confidentiality for | ||||||
9 | Victims of Domestic Violence, Sexual Assault, Human | ||||||
10 | Trafficking, or Stalking Act. | ||||||
11 | (eee) Information prohibited from being disclosed | ||||||
12 | under subsection (b) of Section 75 of the Domestic | ||||||
13 | Violence Fatality Review Act. | ||||||
14 | (fff) Images from cameras under the Expressway Camera | ||||||
15 | Act. This subsection (fff) is inoperative on and after | ||||||
16 | July 1, 2023. | ||||||
17 | (ggg) Information prohibited from disclosure under | ||||||
18 | paragraph (3) of subsection (a) of Section 14 of the Nurse | ||||||
19 | Agency Licensing Act. | ||||||
20 | (hhh) Information submitted to the Department of State | ||||||
21 | Police in an affidavit or application for an assault | ||||||
22 | weapon endorsement, assault weapon attachment endorsement, | ||||||
23 | .50 caliber rifle endorsement, or .50 caliber cartridge | ||||||
24 | endorsement under the Firearm Owners Identification Card | ||||||
25 | Act. | ||||||
26 | (iii) Information that is exempt from disclosure under |
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1 | Section 40 of the Reproductive Health Act. | ||||||
2 | (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; | ||||||
3 | 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. | ||||||
4 | 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, | ||||||
5 | eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; | ||||||
6 | 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. | ||||||
7 | 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, | ||||||
8 | eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; | ||||||
9 | 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. | ||||||
10 | 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23.) | ||||||
11 | Section 10. The Reproductive Health Act is amended by | ||||||
12 | adding Section 40 as follows: | ||||||
13 | (775 ILCS 55/40 new) | ||||||
14 | Sec. 40. Health care professional privacy. | ||||||
15 | (a) A health care professional who provides | ||||||
16 | abortion-related care may submit to any governmental agency, | ||||||
17 | person, business, or association a written request that the | ||||||
18 | governmental agency, person, business, or association refrain | ||||||
19 | from disclosing any personal information about the health care | ||||||
20 | professional. | ||||||
21 | A representative from the health care professional's | ||||||
22 | employer may submit a written request on behalf of the health | ||||||
23 | care professional, if: (i) the health care professional gives | ||||||
24 | written consent to the representative; and (ii) the |
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1 | representative agrees to furnish a copy of that consent when a | ||||||
2 | written request is made. The representative shall submit the | ||||||
3 | written request directly to a governmental agency, person, | ||||||
4 | business or association. | ||||||
5 | A written request is valid if the health care | ||||||
6 | professional, or representative of the health care | ||||||
7 | professional's employer, sends a written request directly to a | ||||||
8 | governmental agency, person, business, or association. | ||||||
9 | (b) The written request shall specify: | ||||||
10 | (1) what personal information of the health care | ||||||
11 | professional shall be maintained private; | ||||||
12 | (2) if a health care professional wishes to identify a | ||||||
13 | secondary residence as a home address, the designation of | ||||||
14 | such;
and | ||||||
15 | (3) the identity of any immediate family, and any | ||||||
16 | personal information of those persons that shall be | ||||||
17 | excluded to the extent that it could reasonably be | ||||||
18 | expected to reveal the personal information of the health | ||||||
19 | care professional. | ||||||
20 | (c) A written request is valid until the health care | ||||||
21 | professional provides the governmental agency, person, | ||||||
22 | business, or association with written permission to release | ||||||
23 | the personal information. Otherwise, a written request from a | ||||||
24 | health care professional expires on death. | ||||||
25 | (d) If a governmental agency receives a written request | ||||||
26 | from a health care professional in accordance with subsections |
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1 | (a) and (b), the governmental agency shall not publicly post | ||||||
2 | or display publicly available content that includes any | ||||||
3 | personal information of the health care professional. After | ||||||
4 | receipt of the request, the governmental agency shall remove | ||||||
5 | any personal information of the health care professional from | ||||||
6 | the publicly available content within 5 business days, and | ||||||
7 | shall not publicly post or display the personal information | ||||||
8 | unless the health care professional has given the governmental | ||||||
9 | agency written permission to release the personal information | ||||||
10 | as required under subsection (c). The personal information of | ||||||
11 | the health care professional is exempt from the Freedom of | ||||||
12 | Information Act unless the governmental agency receives | ||||||
13 | consent from the health care professional to make the personal | ||||||
14 | information available to the public. | ||||||
15 | (e) If a governmental agency fails to comply with a | ||||||
16 | written request under subsection (d), the health care | ||||||
17 | professional may bring an action seeking injunctive or | ||||||
18 | declaratory relief in any court of competent jurisdiction. | ||||||
19 | (f) If a person, business, or association receives a | ||||||
20 | written request from a health care professional in accordance | ||||||
21 | with subsections (a) and (b), the person, business, or | ||||||
22 | association shall refrain from publicly posting or displaying | ||||||
23 | on the Internet publicly available content that includes the | ||||||
24 | personal information of a health care professional. After | ||||||
25 | receipt of a written request, the person, business, or | ||||||
26 | association: (i) has 72 hours to remove the personal |
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1 | information from the Internet; (ii) shall ensure that the | ||||||
2 | personal information of the health care professional is not | ||||||
3 | made available on any website or subsidiary website controlled | ||||||
4 | by that person, business, or association; and (iii) shall not | ||||||
5 | transfer the personal information of the health care | ||||||
6 | professional to any other person, business, or association | ||||||
7 | through any medium. | ||||||
8 | (g) No person, business, or association shall solicit, | ||||||
9 | sell, or trade on the Internet any personal information of the | ||||||
10 | health care professional with the intent to post an imminent | ||||||
11 | or serious threat to the health and safety of the health care | ||||||
12 | professional or the health care professional's immediate | ||||||
13 | family. | ||||||
14 | (h) A health care professional whose personal information | ||||||
15 | is made public as a result of a violation of subsection (f) or | ||||||
16 | (g) may bring an action seeking injunctive or declaratory | ||||||
17 | relief in any court of competent jurisdiction. A court shall | ||||||
18 | award a prevailing health care professional costs and | ||||||
19 | reasonable attorney's fees. | ||||||
20 | (i) No governmental agency, person, business, or | ||||||
21 | association shall be found to have violated any provision of | ||||||
22 | this Section if the health care professional fails to submit a | ||||||
23 | written request calling for the protection of the personal | ||||||
24 | information of the health care professional. | ||||||
25 | (j) It is unlawful for any person to knowingly publicly | ||||||
26 | post on the Internet the personal information of a health care |
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1 | professional or health care professional's immediate family if | ||||||
2 | the person knows that publicly posting the personal | ||||||
3 | information poses an imminent and serious threat to the health | ||||||
4 | and safety of the health care professional or health care | ||||||
5 | professional's immediate family, and the violation is a | ||||||
6 | proximate cause of bodily injury or death of the health care | ||||||
7 | professional or health care professional's immediate family | ||||||
8 | member. A person who violates this subsection is guilty of a | ||||||
9 | Class 3 felony. | ||||||
10 | (k) It is not a violation of subsection (j) if an employee | ||||||
11 | of a governmental agency publishes personal information, in | ||||||
12 | good faith, on the website of the governmental agency in the | ||||||
13 | ordinary course of carrying out public functions if the | ||||||
14 | employee complied with the conditions of this Section. | ||||||
15 | (l) This Section and any rules adopted to implement this | ||||||
16 | Section shall be construed broadly to favor the protection of | ||||||
17 | the personal information of a health care professional. | ||||||
18 | (m) As used in this Section: | ||||||
19 | "Governmental agency" means all agencies, authorities, | ||||||
20 | boards, commissions, departments, institutions, offices, and | ||||||
21 | any other bodies politic and corporate of this State created | ||||||
22 | by the constitution or statute, whether in the executive, | ||||||
23 | judicial, or legislative branch; all units and corporate | ||||||
24 | outgrowths created by executive order of the Governor or any | ||||||
25 | constitutional officer, by the Supreme Court, or by resolution | ||||||
26 | of the General Assembly; or agencies, authorities, boards, |
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1 | commissions, departments, institutions, offices, and any other | ||||||
2 | bodies politic and corporate of a unit of local government, or | ||||||
3 | school district. | ||||||
4 | "Home address" means a permanent residence of the health | ||||||
5 | care professional and any secondary residences affirmatively | ||||||
6 | identified by the health care professional. | ||||||
7 | "Immediate family" means a spouse, child, parent, or any | ||||||
8 | blood relative of the health care professional or the spouse | ||||||
9 | of the health care representative who lives in the same | ||||||
10 | residence. | ||||||
11 | "Personal information" means a home address, home | ||||||
12 | telephone number, mobile telephone number, pager number, | ||||||
13 | personal email address, social security number, federal tax | ||||||
14 | identification number, checking and savings account numbers, | ||||||
15 | credit card numbers, marital status, and identity of children | ||||||
16 | under the age of 18. | ||||||
17 | "Publicly available content" means any written, printed, | ||||||
18 | or electronic document or record that provides information or | ||||||
19 | that serves as a document or record maintained, controlled, or | ||||||
20 | in the possession of a governmental agency that may be | ||||||
21 | obtained by any person or entity, from the Internet, from a | ||||||
22 | governmental agency upon request free of charge or for a fee, | ||||||
23 | or in response to a request under the Freedom of Information | ||||||
24 | Act. | ||||||
25 | "Publicly post" or "publicly display" means to communicate | ||||||
26 | to another or otherwise make available to the general public. |
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1 | "Written request" means written notice signed by a health | ||||||
2 | care professional requesting a governmental agency, person, | ||||||
3 | business, or association to refrain from posting or displaying | ||||||
4 | publicly available content that includes the personal | ||||||
5 | information of the health care professional.
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