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1 | AN ACT concerning government. | |||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||||||
4 | Section 5. The Freedom of Information Act is amended by | |||||||||||||||||||||||
5 | changing Sections 2, 7, and 9.5 as follows: | |||||||||||||||||||||||
6 | (5 ILCS 140/2) (from Ch. 116, par. 202) | |||||||||||||||||||||||
7 | Sec. 2. Definitions. As used in this Act: | |||||||||||||||||||||||
8 | (a) "Public body" means all legislative, executive, | |||||||||||||||||||||||
9 | judicial branch, components of the judicial branch, | |||||||||||||||||||||||
10 | administrative, or advisory bodies of the State, state | |||||||||||||||||||||||
11 | universities and colleges, counties, townships, cities, | |||||||||||||||||||||||
12 | villages, incorporated towns, school districts and all other | |||||||||||||||||||||||
13 | municipal corporations, boards, bureaus, committees, or | |||||||||||||||||||||||
14 | commissions of this State, any subsidiary bodies of any of the | |||||||||||||||||||||||
15 | foregoing including but not limited to committees and | |||||||||||||||||||||||
16 | subcommittees thereof, and a School Finance Authority created | |||||||||||||||||||||||
17 | under Article 1E of the School Code. "Public body" does not | |||||||||||||||||||||||
18 | include a child death review team or the Illinois Child Death | |||||||||||||||||||||||
19 | Review Teams Executive Council established under the Child | |||||||||||||||||||||||
20 | Death Review Team Act, or a regional youth advisory board or | |||||||||||||||||||||||
21 | the Statewide Youth Advisory Board established under the | |||||||||||||||||||||||
22 | Department of Children and Family Services Statewide Youth | |||||||||||||||||||||||
23 | Advisory Board Act. |
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1 | (b) "Person" means any individual, corporation, | ||||||
2 | partnership, firm, organization or association, acting | ||||||
3 | individually or as a group. | ||||||
4 | (c) "Public records" means all records, reports, forms, | ||||||
5 | writings, letters, memoranda, books, papers, maps, | ||||||
6 | photographs, microfilms, cards, tapes, recordings, electronic | ||||||
7 | data processing records, electronic communications, recorded | ||||||
8 | information and all other documentary materials pertaining to | ||||||
9 | the transaction of public business, regardless of physical | ||||||
10 | form or characteristics, having been prepared by or for, or | ||||||
11 | having been or being used by, received by, in the possession | ||||||
12 | of, or under the control of any public body. | ||||||
13 | (c-5) "Private information" means unique identifiers, | ||||||
14 | including a person's social security number, driver's license | ||||||
15 | number, employee identification number, biometric identifiers, | ||||||
16 | personal financial information, passwords or other access | ||||||
17 | codes, medical records, home or personal telephone numbers, | ||||||
18 | and personal email addresses. Private information also | ||||||
19 | includes home address and personal license plates, except as | ||||||
20 | otherwise provided by law or when compiled without possibility | ||||||
21 | of attribution to any person. For a public body that is a | ||||||
22 | HIPAA-covered entity, "private information" includes | ||||||
23 | electronic medical records and all information, including | ||||||
24 | demographic information, contained within or extracted from an | ||||||
25 | electronic medical records system operated or maintained by | ||||||
26 | the public body in compliance with State and federal medical |
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1 | privacy laws and regulations, including, but not limited to, | ||||||
2 | the Health Insurance Portability and Accountability Act and | ||||||
3 | its regulations, 45 CFR Parts 160 and 164. As used in this | ||||||
4 | subsection, "HIPAA-covered entity" has the meaning given to | ||||||
5 | the term "covered entity" in 45 CFR 160.103. | ||||||
6 | (c-10) "Commercial purpose" means the use of any part of a | ||||||
7 | public record or records, or information derived from public | ||||||
8 | records, in any form for sale, resale, or solicitation or | ||||||
9 | advertisement for sales or services. For purposes of this | ||||||
10 | definition, requests made by news media and non-profit, | ||||||
11 | scientific, or academic organizations shall not be considered | ||||||
12 | to be made for a "commercial purpose" when the principal | ||||||
13 | purpose of the request is (i) to access and disseminate | ||||||
14 | information concerning news and current or passing events, | ||||||
15 | (ii) for articles of opinion or features of interest to the | ||||||
16 | public, or (iii) for the purpose of academic, scientific, or | ||||||
17 | public research or education. | ||||||
18 | (d) "Copying" means the reproduction of any public record | ||||||
19 | by means of any photographic, electronic, mechanical or other | ||||||
20 | process, device or means now known or hereafter developed and | ||||||
21 | available to the public body. | ||||||
22 | (e) "Head of the public body" means the president, mayor, | ||||||
23 | chairman, presiding officer, director, superintendent, | ||||||
24 | manager, supervisor or individual otherwise holding primary | ||||||
25 | executive and administrative authority for the public body, or | ||||||
26 | such person's duly authorized designee. |
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1 | (f) "News media" means a newspaper or other periodical | ||||||
2 | issued at regular intervals whether in print or electronic | ||||||
3 | format, a news service whether in print or electronic format, | ||||||
4 | a radio station, a television station, a television network, a | ||||||
5 | community antenna television service, or a person or | ||||||
6 | corporation engaged in making news reels or other motion | ||||||
7 | picture news for public showing. | ||||||
8 | (g) "Recurrent requester", as used in Section 3.2 of this | ||||||
9 | Act, means a person that, in the 12 months immediately | ||||||
10 | preceding the request, has submitted to the same public body | ||||||
11 | (i) a minimum of 50 requests for records, (ii) a minimum of 15 | ||||||
12 | requests for records within a 30-day period, or (iii) a | ||||||
13 | minimum of 7 requests for records within a 7-day period. For | ||||||
14 | purposes of this definition, requests made by news media and | ||||||
15 | non-profit, scientific, or academic organizations shall not be | ||||||
16 | considered in calculating the number of requests made in the | ||||||
17 | time periods in this definition when the principal purpose of | ||||||
18 | the requests is (i) to access and disseminate information | ||||||
19 | concerning news and current or passing events, (ii) for | ||||||
20 | articles of opinion or features of interest to the public, or | ||||||
21 | (iii) for the purpose of academic, scientific, or public | ||||||
22 | research or education. | ||||||
23 | For the purposes of this subsection (g), "request" means a | ||||||
24 | written document (or oral request, if the public body chooses | ||||||
25 | to honor oral requests) that is submitted to a public body via | ||||||
26 | personal delivery, mail, telefax, electronic mail, or other |
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1 | means available to the public body and that identifies the | ||||||
2 | particular public record the requester seeks. One request may | ||||||
3 | identify multiple records to be inspected or copied. | ||||||
4 | (h) "Voluminous request" means a request that: (i) | ||||||
5 | includes more than 5 individual requests for more than 5 | ||||||
6 | different categories of records or a combination of individual | ||||||
7 | requests that total requests for more than 5 different | ||||||
8 | categories of records in a period of 20 business days; or (ii) | ||||||
9 | requires the compilation of more than 500 letter or | ||||||
10 | legal-sized pages of public records unless a single requested | ||||||
11 | record exceeds 500 pages. "Single requested record" may | ||||||
12 | include, but is not limited to, one report, form, e-mail, | ||||||
13 | letter, memorandum, book, map, microfilm, tape, or recording. | ||||||
14 | "Voluminous request" does not include a request made by | ||||||
15 | news media and non-profit, scientific, or academic | ||||||
16 | organizations if the principal purpose of the request is: (1) | ||||||
17 | to access and disseminate information concerning news and | ||||||
18 | current or passing events; (2) for articles of opinion or | ||||||
19 | features of interest to the public; or (3) for the purpose of | ||||||
20 | academic, scientific, or public research or education. | ||||||
21 | For the purposes of this subsection (h), "request" means a | ||||||
22 | written document, or oral request, if the public body chooses | ||||||
23 | to honor oral requests, that is submitted to a public body via | ||||||
24 | personal delivery, mail, telefax, electronic mail, or other | ||||||
25 | means available to the public body and that identifies the | ||||||
26 | particular public record or records the requester seeks. One |
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1 | request may identify multiple individual records to be | ||||||
2 | inspected or copied. | ||||||
3 | (i) "Severance agreement" means a mutual agreement between | ||||||
4 | any public body and its employee for the employee's | ||||||
5 | resignation in exchange for payment by the public body. | ||||||
6 | (Source: P.A. 103-554, eff. 1-1-24 .) | ||||||
7 | (5 ILCS 140/7) | ||||||
8 | Sec. 7. Exemptions. | ||||||
9 | (1) When a request is made to inspect or copy a public | ||||||
10 | record that contains information that is exempt from | ||||||
11 | disclosure under this Section, but also contains information | ||||||
12 | that is not exempt from disclosure, the public body may elect | ||||||
13 | to redact the information that is exempt. The public body | ||||||
14 | shall make the remaining information available for inspection | ||||||
15 | and copying. Subject to this requirement, the following shall | ||||||
16 | be exempt from inspection and copying: | ||||||
17 | (a) Information specifically prohibited from | ||||||
18 | disclosure by federal or State law or rules and | ||||||
19 | regulations 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, | ||||||
22 | or a court order. | ||||||
23 | (b-5) Files, documents, and other data or databases | ||||||
24 | maintained by one or more law enforcement agencies and | ||||||
25 | specifically designed to provide information to one or |
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1 | more law enforcement agencies regarding the physical or | ||||||
2 | mental status of one or more individual subjects. | ||||||
3 | (c) Personal information contained within public | ||||||
4 | records, the disclosure of which would constitute a | ||||||
5 | clearly unwarranted invasion of personal privacy, unless | ||||||
6 | the disclosure is consented to in writing by the | ||||||
7 | individual subjects of the information. "Unwarranted | ||||||
8 | invasion of personal privacy" means the disclosure of | ||||||
9 | information that is highly personal or objectionable to a | ||||||
10 | reasonable person and in which the subject's right to | ||||||
11 | privacy outweighs any legitimate public interest in | ||||||
12 | obtaining the information. The disclosure of information | ||||||
13 | that bears on the public duties of public employees and | ||||||
14 | officials shall not be considered an invasion of personal | ||||||
15 | privacy. | ||||||
16 | (d) Records in the possession of any public body | ||||||
17 | created in the course of administrative enforcement | ||||||
18 | proceedings, and any law enforcement or correctional | ||||||
19 | agency for law enforcement purposes, but only to the | ||||||
20 | extent that disclosure would: | ||||||
21 | (i) interfere with pending or actually and | ||||||
22 | reasonably contemplated law enforcement proceedings | ||||||
23 | conducted by any law enforcement or correctional | ||||||
24 | agency that is the recipient of the request; | ||||||
25 | (ii) interfere with active administrative | ||||||
26 | enforcement proceedings conducted by the public body |
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1 | that is the recipient of the request; | ||||||
2 | (iii) create a substantial likelihood that a | ||||||
3 | person will be deprived of a fair trial or an impartial | ||||||
4 | hearing; | ||||||
5 | (iv) unavoidably disclose the identity of a | ||||||
6 | confidential source, confidential information | ||||||
7 | furnished only by the confidential source, or persons | ||||||
8 | who file complaints with or provide information to | ||||||
9 | administrative, investigative, law enforcement, or | ||||||
10 | penal agencies; except that the identities of | ||||||
11 | witnesses to traffic crashes, traffic crash reports, | ||||||
12 | and rescue reports shall be provided by agencies of | ||||||
13 | local government, except when disclosure would | ||||||
14 | interfere with an active criminal investigation | ||||||
15 | conducted by the agency that is the recipient of the | ||||||
16 | request; | ||||||
17 | (v) disclose unique or specialized investigative | ||||||
18 | techniques other than those generally used and known | ||||||
19 | or disclose internal documents of correctional | ||||||
20 | agencies related to detection, observation, or | ||||||
21 | investigation of incidents of crime or misconduct, and | ||||||
22 | disclosure would result in demonstrable harm to the | ||||||
23 | agency or public body that is the recipient of the | ||||||
24 | request; | ||||||
25 | (vi) endanger the life or physical safety of law | ||||||
26 | enforcement personnel or any other person; or |
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1 | (vii) obstruct an ongoing criminal investigation | ||||||
2 | by the agency that is the recipient of the request. | ||||||
3 | (d-5) A law enforcement record created for law | ||||||
4 | enforcement purposes and contained in a shared electronic | ||||||
5 | record management system if the law enforcement agency | ||||||
6 | that is the recipient of the request did not create the | ||||||
7 | record, did not participate in or have a role in any of the | ||||||
8 | events which are the subject of the record, and only has | ||||||
9 | access to the record through the shared electronic record | ||||||
10 | management system. | ||||||
11 | (d-6) Records contained in the Officer Professional | ||||||
12 | Conduct Database under Section 9.2 of the Illinois Police | ||||||
13 | Training Act, except to the extent authorized under that | ||||||
14 | Section. This includes the documents supplied to the | ||||||
15 | Illinois Law Enforcement Training Standards Board from the | ||||||
16 | Illinois State Police and Illinois State Police Merit | ||||||
17 | Board. | ||||||
18 | (d-7) Information gathered or records created from the | ||||||
19 | use of automatic license plate readers in connection with | ||||||
20 | Section 2-130 of the Illinois Vehicle Code. | ||||||
21 | (e) Records that relate to or affect the security of | ||||||
22 | correctional institutions and detention facilities. | ||||||
23 | (e-5) Records requested by persons committed to the | ||||||
24 | Department of Corrections, Department of Human Services | ||||||
25 | Division of Mental Health, or a county jail if those | ||||||
26 | materials are available in the library of the correctional |
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1 | institution or facility or jail where the inmate is | ||||||
2 | confined. | ||||||
3 | (e-6) Records requested by persons committed to the | ||||||
4 | Department of Corrections, Department of Human Services | ||||||
5 | Division of Mental Health, or a county jail if those | ||||||
6 | materials include records from staff members' personnel | ||||||
7 | files, staff rosters, or other staffing assignment | ||||||
8 | information. | ||||||
9 | (e-7) Records requested by persons committed to the | ||||||
10 | Department of Corrections or Department of Human Services | ||||||
11 | Division of Mental Health if those materials are available | ||||||
12 | through an administrative request to the Department of | ||||||
13 | Corrections or Department of Human Services Division of | ||||||
14 | Mental Health. | ||||||
15 | (e-8) Records requested by a person committed to the | ||||||
16 | Department of Corrections, Department of Human Services | ||||||
17 | Division of Mental Health, or a county jail, the | ||||||
18 | disclosure of which would result in the risk of harm to any | ||||||
19 | person or the risk of an escape from a jail or correctional | ||||||
20 | institution or facility. | ||||||
21 | (e-9) Records requested by a person in a county jail | ||||||
22 | or committed to the Department of Corrections or | ||||||
23 | Department of Human Services Division of Mental Health, | ||||||
24 | containing personal information pertaining to the person's | ||||||
25 | victim or the victim's family, including, but not limited | ||||||
26 | to, a victim's home address, home telephone number, work |
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1 | or school address, work telephone number, social security | ||||||
2 | number, or any other identifying information, except as | ||||||
3 | may be relevant to a requester's current or potential case | ||||||
4 | or claim. | ||||||
5 | (e-10) Law enforcement records of other persons | ||||||
6 | requested by a person committed to the Department of | ||||||
7 | Corrections, Department of Human Services Division of | ||||||
8 | Mental Health, or a county jail, including, but not | ||||||
9 | limited to, arrest and booking records, mug shots, and | ||||||
10 | crime scene photographs, except as these records may be | ||||||
11 | relevant to the requester's current or potential case or | ||||||
12 | claim. | ||||||
13 | (f) Preliminary drafts, notes, recommendations, | ||||||
14 | memoranda, and other records in which opinions are | ||||||
15 | expressed, or policies or actions are formulated, except | ||||||
16 | that a specific record or relevant portion of a record | ||||||
17 | shall not be exempt when the record is publicly cited and | ||||||
18 | identified by the head of the public body. The exemption | ||||||
19 | provided in this paragraph (f) extends to all those | ||||||
20 | records of officers and agencies of the General Assembly | ||||||
21 | that pertain to the preparation of legislative documents | ||||||
22 | and to all those records that pertain to the preparation | ||||||
23 | of judicial opinions and orders . | ||||||
24 | (g) Trade secrets and commercial or financial | ||||||
25 | information obtained from a person or business where the | ||||||
26 | trade secrets or commercial or financial information are |
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1 | furnished under a claim that they are proprietary, | ||||||
2 | privileged, or confidential, and that disclosure of the | ||||||
3 | trade secrets or commercial or financial information would | ||||||
4 | cause competitive harm to the person or business, and only | ||||||
5 | insofar as the claim directly applies to the records | ||||||
6 | requested. | ||||||
7 | The information included under this exemption includes | ||||||
8 | all trade secrets and commercial or financial information | ||||||
9 | obtained by a public body, including a public pension | ||||||
10 | fund, from a private equity fund or a privately held | ||||||
11 | company within the investment portfolio of a private | ||||||
12 | equity fund as a result of either investing or evaluating | ||||||
13 | a potential investment of public funds in a private equity | ||||||
14 | fund. The exemption contained in this item does not apply | ||||||
15 | to the aggregate financial performance information of a | ||||||
16 | private equity fund, nor to the identity of the fund's | ||||||
17 | managers or general partners. The exemption contained in | ||||||
18 | this item does not apply to the identity of a privately | ||||||
19 | held company within the investment portfolio of a private | ||||||
20 | equity fund, unless the disclosure of the identity of a | ||||||
21 | privately held company may cause competitive harm. | ||||||
22 | Nothing contained in this paragraph (g) shall be | ||||||
23 | construed to prevent a person or business from consenting | ||||||
24 | to disclosure. | ||||||
25 | (h) Proposals and bids for any contract, grant, or | ||||||
26 | agreement, including information which if it were |
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1 | disclosed would frustrate procurement or give an advantage | ||||||
2 | to any person proposing to enter into a contractor | ||||||
3 | agreement with the body, until an award or final selection | ||||||
4 | is made. Information prepared by or for the body in | ||||||
5 | preparation of a bid solicitation shall be exempt until an | ||||||
6 | award or final selection is made. | ||||||
7 | (i) Valuable formulae, computer geographic systems, | ||||||
8 | designs, drawings, and research data obtained or produced | ||||||
9 | by any public body when disclosure could reasonably be | ||||||
10 | expected to produce private gain or public loss. The | ||||||
11 | exemption for "computer geographic systems" provided in | ||||||
12 | this paragraph (i) does not extend to requests made by | ||||||
13 | news media as defined in Section 2 of this Act when the | ||||||
14 | requested information is not otherwise exempt and the only | ||||||
15 | purpose of the request is to access and disseminate | ||||||
16 | information regarding the health, safety, welfare, or | ||||||
17 | legal rights of the general public. | ||||||
18 | (j) The following information pertaining to | ||||||
19 | educational matters: | ||||||
20 | (i) test questions, scoring keys, and other | ||||||
21 | examination data used to administer an academic | ||||||
22 | examination; | ||||||
23 | (ii) information received by a primary or | ||||||
24 | secondary school, college, or university under its | ||||||
25 | procedures for the evaluation of faculty members by | ||||||
26 | their academic peers; |
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1 | (iii) information concerning a school or | ||||||
2 | university's adjudication of student disciplinary | ||||||
3 | cases, but only to the extent that disclosure would | ||||||
4 | unavoidably reveal the identity of the student; and | ||||||
5 | (iv) course materials or research materials used | ||||||
6 | by faculty members. | ||||||
7 | (k) Architects' plans, engineers' technical | ||||||
8 | submissions, and other construction related technical | ||||||
9 | documents for projects not constructed or developed in | ||||||
10 | whole or in part with public funds and the same for | ||||||
11 | projects constructed or developed with public funds, | ||||||
12 | including, but not limited to, power generating and | ||||||
13 | distribution stations and other transmission and | ||||||
14 | distribution facilities, water treatment facilities, | ||||||
15 | airport facilities, sport stadiums, convention centers, | ||||||
16 | and all government owned, operated, or occupied buildings, | ||||||
17 | but only to the extent that disclosure would compromise | ||||||
18 | security. | ||||||
19 | (l) Minutes of meetings of public bodies closed to the | ||||||
20 | public as provided in the Open Meetings Act until the | ||||||
21 | public body makes the minutes available to the public | ||||||
22 | under Section 2.06 of the Open Meetings Act. | ||||||
23 | (m) Communications between a public body and an | ||||||
24 | attorney or auditor representing the public body that | ||||||
25 | would not be subject to discovery in litigation, and | ||||||
26 | materials prepared or compiled by or for a public body in |
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1 | anticipation of a criminal, civil, or administrative | ||||||
2 | proceeding upon the request of an attorney advising the | ||||||
3 | public body, and materials prepared or compiled with | ||||||
4 | respect to internal audits of public bodies. | ||||||
5 | (n) Records relating to a public body's adjudication | ||||||
6 | of employee grievances or disciplinary cases; however, | ||||||
7 | this exemption shall not extend to the final outcome of | ||||||
8 | cases in which discipline is imposed. | ||||||
9 | (o) Administrative or technical information associated | ||||||
10 | with automated data processing operations, including, but | ||||||
11 | not limited to, software, operating protocols, computer | ||||||
12 | program abstracts, file layouts, source listings, object | ||||||
13 | modules, load modules, user guides, documentation | ||||||
14 | pertaining to all logical and physical design of | ||||||
15 | computerized systems, employee manuals, and any other | ||||||
16 | information that, if disclosed, would jeopardize the | ||||||
17 | security of the system or its data or the security of | ||||||
18 | materials exempt under this Section. | ||||||
19 | (p) Records relating to collective negotiating matters | ||||||
20 | between public bodies and their employees or | ||||||
21 | representatives, except that any final contract or | ||||||
22 | agreement shall be subject to inspection and copying. | ||||||
23 | (q) Test questions, scoring keys, and other | ||||||
24 | examination data used to determine the qualifications of | ||||||
25 | an applicant for a license or employment. | ||||||
26 | (r) The records, documents, and information relating |
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1 | to real estate purchase negotiations until those | ||||||
2 | negotiations have been completed or otherwise terminated. | ||||||
3 | With regard to a parcel involved in a pending or actually | ||||||
4 | and reasonably contemplated eminent domain proceeding | ||||||
5 | under the Eminent Domain Act, records, documents, and | ||||||
6 | information relating to that parcel shall be exempt except | ||||||
7 | as may be allowed under discovery rules adopted by the | ||||||
8 | Illinois Supreme Court. The records, documents, and | ||||||
9 | information relating to a real estate sale shall be exempt | ||||||
10 | until a sale is consummated. | ||||||
11 | (s) Any and all proprietary information and records | ||||||
12 | related to the operation of an intergovernmental risk | ||||||
13 | management association or self-insurance pool or jointly | ||||||
14 | self-administered health and accident cooperative or pool. | ||||||
15 | Insurance or self-insurance (including any | ||||||
16 | intergovernmental risk management association or | ||||||
17 | self-insurance pool) claims, loss or risk management | ||||||
18 | information, records, data, advice, or communications. | ||||||
19 | (t) Information contained in or related to | ||||||
20 | examination, operating, or condition reports prepared by, | ||||||
21 | on behalf of, or for the use of a public body responsible | ||||||
22 | for the regulation or supervision of financial | ||||||
23 | institutions, insurance companies, or pharmacy benefit | ||||||
24 | managers, unless disclosure is otherwise required by State | ||||||
25 | law. | ||||||
26 | (u) Information that would disclose or might lead to |
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1 | the disclosure of secret or confidential information, | ||||||
2 | codes, algorithms, programs, or private keys intended to | ||||||
3 | be used to create electronic signatures under the Uniform | ||||||
4 | Electronic Transactions Act. | ||||||
5 | (v) Vulnerability assessments, security measures, and | ||||||
6 | response policies or plans that are designed to identify, | ||||||
7 | prevent, or respond to potential attacks upon a | ||||||
8 | community's population or systems, facilities, or | ||||||
9 | installations, but only to the extent that disclosure | ||||||
10 | could reasonably be expected to expose the vulnerability | ||||||
11 | or jeopardize the effectiveness of the measures, policies, | ||||||
12 | or plans, or the safety of the personnel who implement | ||||||
13 | them or the public. Information exempt under this item may | ||||||
14 | include such things as details pertaining to the | ||||||
15 | mobilization or deployment of personnel or equipment, to | ||||||
16 | the operation of communication systems or protocols, to | ||||||
17 | cybersecurity vulnerabilities, or to tactical operations. | ||||||
18 | (w) (Blank). | ||||||
19 | (x) Maps and other records regarding the location or | ||||||
20 | security of generation, transmission, distribution, | ||||||
21 | storage, gathering, treatment, or switching facilities | ||||||
22 | owned by a utility, by a power generator, or by the | ||||||
23 | Illinois Power Agency. | ||||||
24 | (y) Information contained in or related to proposals, | ||||||
25 | bids, or negotiations related to electric power | ||||||
26 | procurement under Section 1-75 of the Illinois Power |
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1 | Agency Act and Section 16-111.5 of the Public Utilities | ||||||
2 | Act that is determined to be confidential and proprietary | ||||||
3 | by the Illinois Power Agency or by the Illinois Commerce | ||||||
4 | Commission. | ||||||
5 | (z) Information about students exempted from | ||||||
6 | disclosure under Section 10-20.38 or 34-18.29 of the | ||||||
7 | School Code, and information about undergraduate students | ||||||
8 | enrolled at an institution of higher education exempted | ||||||
9 | from disclosure under Section 25 of the Illinois Credit | ||||||
10 | Card Marketing Act of 2009. | ||||||
11 | (aa) Information the disclosure of which is exempted | ||||||
12 | under the Viatical Settlements Act of 2009. | ||||||
13 | (bb) Records and information provided to a mortality | ||||||
14 | review team and records maintained by a mortality review | ||||||
15 | team appointed under the Department of Juvenile Justice | ||||||
16 | Mortality Review Team Act. | ||||||
17 | (cc) Information regarding interments, entombments, or | ||||||
18 | inurnments of human remains that are submitted to the | ||||||
19 | Cemetery Oversight Database under the Cemetery Care Act or | ||||||
20 | the Cemetery Oversight Act, whichever is applicable. | ||||||
21 | (dd) Correspondence and records (i) that may not be | ||||||
22 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
23 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
24 | the Illinois Public Aid Code. | ||||||
25 | (ee) The names, addresses, or other personal | ||||||
26 | information of persons who are minors and are also |
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1 | participants and registrants in programs of park | ||||||
2 | districts, forest preserve districts, conservation | ||||||
3 | districts, recreation agencies, and special recreation | ||||||
4 | associations. | ||||||
5 | (ff) The names, addresses, or other personal | ||||||
6 | information of participants and registrants in programs of | ||||||
7 | park districts, forest preserve districts, conservation | ||||||
8 | districts, recreation agencies, and special recreation | ||||||
9 | associations where such programs are targeted primarily to | ||||||
10 | minors. | ||||||
11 | (gg) Confidential information described in Section | ||||||
12 | 1-100 of the Illinois Independent Tax Tribunal Act of | ||||||
13 | 2012. | ||||||
14 | (hh) The report submitted to the State Board of | ||||||
15 | Education by the School Security and Standards Task Force | ||||||
16 | under item (8) of subsection (d) of Section 2-3.160 of the | ||||||
17 | School Code and any information contained in that report. | ||||||
18 | (ii) Records requested by persons committed to or | ||||||
19 | detained by the Department of Human Services under the | ||||||
20 | Sexually Violent Persons Commitment Act or committed to | ||||||
21 | the Department of Corrections under the Sexually Dangerous | ||||||
22 | Persons Act if those materials: (i) are available in the | ||||||
23 | library of the facility where the individual is confined; | ||||||
24 | (ii) include records from staff members' personnel files, | ||||||
25 | staff rosters, or other staffing assignment information; | ||||||
26 | or (iii) are available through an administrative request |
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1 | to the Department of Human Services or the Department of | ||||||
2 | Corrections. | ||||||
3 | (jj) Confidential information described in Section | ||||||
4 | 5-535 of the Civil Administrative Code of Illinois. | ||||||
5 | (kk) The public body's credit card numbers, debit card | ||||||
6 | numbers, bank account numbers, Federal Employer | ||||||
7 | Identification Number, security code numbers, passwords, | ||||||
8 | and similar account information, the disclosure of which | ||||||
9 | could result in identity theft or impression or defrauding | ||||||
10 | of a governmental entity or a person. | ||||||
11 | (ll) Records concerning the work of the threat | ||||||
12 | assessment team of a school district, including, but not | ||||||
13 | limited to, any threat assessment procedure under the | ||||||
14 | School Safety Drill Act and any information contained in | ||||||
15 | the procedure. | ||||||
16 | (mm) Information prohibited from being disclosed under | ||||||
17 | subsections (a) and (b) of Section 15 of the Student | ||||||
18 | Confidential Reporting Act. | ||||||
19 | (nn) Proprietary information submitted to the | ||||||
20 | Environmental Protection Agency under the Drug Take-Back | ||||||
21 | Act. | ||||||
22 | (oo) Records described in subsection (f) of Section | ||||||
23 | 3-5-1 of the Unified Code of Corrections. | ||||||
24 | (pp) Any and all information regarding burials, | ||||||
25 | interments, or entombments of human remains as required to | ||||||
26 | be reported to the Department of Natural Resources |
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1 | pursuant either to the Archaeological and Paleontological | ||||||
2 | Resources Protection Act or the Human Remains Protection | ||||||
3 | Act. | ||||||
4 | (qq) (pp) Reports described in subsection (e) of | ||||||
5 | Section 16-15 of the Abortion Care Clinical Training | ||||||
6 | Program Act. | ||||||
7 | (rr) (pp) Information obtained by a certified local | ||||||
8 | health department under the Access to Public Health Data | ||||||
9 | Act. | ||||||
10 | (ss) (pp) For a request directed to a public body that | ||||||
11 | is also a HIPAA-covered entity, all information that is | ||||||
12 | protected health information, including demographic | ||||||
13 | information, that may be contained within or extracted | ||||||
14 | from any record held by the public body in compliance with | ||||||
15 | State and federal medical privacy laws and regulations, | ||||||
16 | including, but not limited to, the Health Insurance | ||||||
17 | Portability and Accountability Act and its regulations, 45 | ||||||
18 | CFR Parts 160 and 164. As used in this paragraph, | ||||||
19 | "HIPAA-covered entity" has the meaning given to the term | ||||||
20 | "covered entity" in 45 CFR 160.103 and "protected health | ||||||
21 | information" has the meaning given to that term in 45 CFR | ||||||
22 | 160.103. | ||||||
23 | (1.5) Any information exempt from disclosure under the | ||||||
24 | Judicial Privacy Act shall be redacted from public records | ||||||
25 | prior to disclosure under this Act. | ||||||
26 | (2) A public record that is not in the possession of a |
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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 | ||||||
9 | public, except as stated in this Section or otherwise provided | ||||||
10 | in this Act. | ||||||
11 | (Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21; | ||||||
12 | 102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff. | ||||||
13 | 1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982, | ||||||
14 | eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23; | ||||||
15 | 103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff. | ||||||
16 | 8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; revised | ||||||
17 | 9-7-23.) | ||||||
18 | (5 ILCS 140/9.5) | ||||||
19 | Sec. 9.5. Public Access Counselor; opinions. | ||||||
20 | (a) A person whose request to inspect or copy a public | ||||||
21 | record is denied by a public body, except the General Assembly | ||||||
22 | and committees, commissions, and agencies thereof and the | ||||||
23 | judicial branch and the components of the judicial branch , may | ||||||
24 | file a request for review with the Public Access Counselor | ||||||
25 | established in the Office of the Attorney General not later |
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1 | than 60 days after the date of the final denial. The request | ||||||
2 | for review must be in writing, signed by the requester, and | ||||||
3 | include (i) a copy of the request for access to records and | ||||||
4 | (ii) any responses from the public body. | ||||||
5 | (b) A person whose request to inspect or copy a public | ||||||
6 | record is made for a commercial purpose as defined in | ||||||
7 | subsection (c-10) of Section 2 of this Act may not file a | ||||||
8 | request for review with the Public Access Counselor. A person | ||||||
9 | whose request to inspect or copy a public record was treated by | ||||||
10 | the public body as a request for a commercial purpose under | ||||||
11 | Section 3.1 of this Act may file a request for review with the | ||||||
12 | Public Access Counselor for the limited purpose of reviewing | ||||||
13 | whether the public body properly determined that the request | ||||||
14 | was made for a commercial purpose. | ||||||
15 | (b-5) A person whose request to inspect or copy a public | ||||||
16 | record was treated by a public body, except the General | ||||||
17 | Assembly and committees, commissions, and agencies thereof and | ||||||
18 | the judicial branch and the components of the judicial branch , | ||||||
19 | as a voluminous request under Section 3.6 of this Act may file | ||||||
20 | a request for review with the Public Access Counselor for the | ||||||
21 | purpose of reviewing whether the public body properly | ||||||
22 | determined that the request was a voluminous request. | ||||||
23 | (c) Upon receipt of a request for review, the Public | ||||||
24 | Access Counselor shall determine whether further action is | ||||||
25 | warranted. If the Public Access Counselor determines that the | ||||||
26 | alleged violation is unfounded, he or she shall so advise the |
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1 | requester and the public body and no further action shall be | ||||||
2 | undertaken. In all other cases, the Public Access Counselor | ||||||
3 | shall forward a copy of the request for review to the public | ||||||
4 | body within 7 business days after receipt and shall specify | ||||||
5 | the records or other documents that the public body shall | ||||||
6 | furnish to facilitate the review. Within 7 business days after | ||||||
7 | receipt of the request for review, the public body shall | ||||||
8 | provide copies of records requested and shall otherwise fully | ||||||
9 | cooperate with the Public Access Counselor. If a public body | ||||||
10 | fails to furnish specified records pursuant to this Section, | ||||||
11 | or if otherwise necessary, the Attorney General may issue a | ||||||
12 | subpoena to any person or public body having knowledge of or | ||||||
13 | records pertaining to a request for review of a denial of | ||||||
14 | access to records under the Act. Records or documents obtained | ||||||
15 | by the Public Access Counselor from a public body for the | ||||||
16 | purpose of addressing a request for review under this Section | ||||||
17 | may not be disclosed to the public, including the requester, | ||||||
18 | by the Public Access Counselor. These records, while in the | ||||||
19 | possession of the Public Access Counselor, are exempt under | ||||||
20 | this Act from disclosure by the Public Access Counselor. | ||||||
21 | (d) Within 7 business days after it receives a copy of a | ||||||
22 | request for review and request for production of records from | ||||||
23 | the Public Access Counselor, the public body may, but is not | ||||||
24 | required to, answer the allegations of the request for review. | ||||||
25 | The answer may take the form of a letter, brief, or memorandum. | ||||||
26 | The Public Access Counselor shall forward a copy of the answer |
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1 | to the person submitting the request for review, with any | ||||||
2 | alleged confidential information to which the request pertains | ||||||
3 | redacted from the copy. The requester may, but is not required | ||||||
4 | to, respond in writing to the answer within 7 business days and | ||||||
5 | shall provide a copy of the response to the public body. | ||||||
6 | (e) In addition to the request for review, and the answer | ||||||
7 | and the response thereto, if any, a requester or a public body | ||||||
8 | may furnish affidavits or records concerning any matter | ||||||
9 | germane to the review. | ||||||
10 | (f) Unless the Public Access Counselor extends the time by | ||||||
11 | no more than 30 business days by sending written notice to the | ||||||
12 | requester and the public body that includes a statement of the | ||||||
13 | reasons for the extension in the notice, or decides to address | ||||||
14 | the matter without the issuance of a binding opinion, the | ||||||
15 | Attorney General shall examine the issues and the records, | ||||||
16 | shall make findings of fact and conclusions of law, and shall | ||||||
17 | issue to the requester and the public body an opinion in | ||||||
18 | response to the request for review within 60 days after its | ||||||
19 | receipt. The opinion shall be binding upon both the requester | ||||||
20 | and the public body, subject to administrative review under | ||||||
21 | Section 11.5. | ||||||
22 | In responding to any request under this Section 9.5, the | ||||||
23 | Attorney General may exercise his or her discretion and choose | ||||||
24 | to resolve a request for review by mediation or by a means | ||||||
25 | other than the issuance of a binding opinion. The decision not | ||||||
26 | to issue a binding opinion shall not be reviewable. |
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1 | Upon receipt of a binding opinion concluding that a | ||||||
2 | violation of this Act has occurred, the public body shall | ||||||
3 | either take necessary action immediately to comply with the | ||||||
4 | directive of the opinion or shall initiate administrative | ||||||
5 | review under Section 11.5. If the opinion concludes that no | ||||||
6 | violation of the Act has occurred, the requester may initiate | ||||||
7 | administrative review under Section 11.5. | ||||||
8 | A public body that discloses records in accordance with an | ||||||
9 | opinion of the Attorney General is immune from all liabilities | ||||||
10 | by reason thereof and shall not be liable for penalties under | ||||||
11 | this Act. | ||||||
12 | (g) If the requester files suit under Section 11 with | ||||||
13 | respect to the same denial that is the subject of a pending | ||||||
14 | request for review, the requester shall notify the Public | ||||||
15 | Access Counselor, and the Public Access Counselor shall take | ||||||
16 | no further action with respect to the request for review and | ||||||
17 | shall so notify the public body. | ||||||
18 | (h) The Attorney General may also issue advisory opinions | ||||||
19 | to public bodies regarding compliance with this Act. A review | ||||||
20 | may be initiated upon receipt of a written request from the | ||||||
21 | head of the public body or its attorney, which shall contain | ||||||
22 | sufficient accurate facts from which a determination can be | ||||||
23 | made. The Public Access Counselor may request additional | ||||||
24 | information from the public body in order to assist in the | ||||||
25 | review. A public body that relies in good faith on an advisory | ||||||
26 | opinion of the Attorney General in responding to a request is |
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1 | not liable for penalties under this Act, so long as the facts | ||||||
2 | upon which the opinion is based have been fully and fairly | ||||||
3 | disclosed to the Public Access Counselor. | ||||||
4 | (Source: P.A. 103-69, eff. 1-1-24 .) |