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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 Section 7 as follows: | |||||||||||||||||||
6 | (5 ILCS 140/7) | |||||||||||||||||||
7 | Sec. 7. Exemptions. | |||||||||||||||||||
8 | (1) When a request is made to inspect or copy a public | |||||||||||||||||||
9 | record that contains information that is exempt from | |||||||||||||||||||
10 | disclosure under this Section, but also contains information | |||||||||||||||||||
11 | that is not exempt from disclosure, the public body may elect | |||||||||||||||||||
12 | to redact the information that is exempt. The public body | |||||||||||||||||||
13 | shall make the remaining information available for inspection | |||||||||||||||||||
14 | and copying. Subject to this requirement, the following shall | |||||||||||||||||||
15 | be exempt from inspection and copying: | |||||||||||||||||||
16 | (a) Information specifically prohibited from | |||||||||||||||||||
17 | disclosure by federal or State law or rules and | |||||||||||||||||||
18 | regulations implementing federal or State law. | |||||||||||||||||||
19 | (b) Private information, unless disclosure is required | |||||||||||||||||||
20 | by another provision of this Act, a State or federal law, | |||||||||||||||||||
21 | or a court order. | |||||||||||||||||||
22 | (b-5) Files, documents, and other data or databases | |||||||||||||||||||
23 | maintained by one or more law enforcement agencies and |
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1 | specifically designed to provide information to one or | ||||||
2 | more law enforcement agencies regarding the physical or | ||||||
3 | mental status of one or more individual subjects. | ||||||
4 | (c) Personal information contained within public | ||||||
5 | records, the disclosure of which would constitute a | ||||||
6 | clearly unwarranted invasion of personal privacy, unless | ||||||
7 | the disclosure is consented to in writing by the | ||||||
8 | individual subjects of the information. "Unwarranted | ||||||
9 | invasion of personal privacy" means the disclosure of | ||||||
10 | information that is highly personal or objectionable to a | ||||||
11 | reasonable person and in which the subject's right to | ||||||
12 | privacy outweighs any legitimate public interest in | ||||||
13 | obtaining the information. The disclosure of information | ||||||
14 | that bears on the public duties of public employees and | ||||||
15 | officials shall not be considered an invasion of personal | ||||||
16 | privacy. | ||||||
17 | (d) Records in the possession of any public body | ||||||
18 | created in the course of administrative enforcement | ||||||
19 | proceedings, and any law enforcement or correctional | ||||||
20 | agency for law enforcement purposes, but only to the | ||||||
21 | extent that disclosure would: | ||||||
22 | (i) interfere with pending or actually and | ||||||
23 | reasonably contemplated law enforcement proceedings | ||||||
24 | conducted by any law enforcement or correctional | ||||||
25 | agency that is the recipient of the request; | ||||||
26 | (ii) interfere with active administrative |
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1 | enforcement proceedings conducted by the public body | ||||||
2 | that is the recipient of the request; | ||||||
3 | (iii) create a reasonable inference substantial | ||||||
4 | likelihood that a person will be deprived of a fair | ||||||
5 | trial or an impartial hearing; | ||||||
6 | (iv) unavoidably disclose the identity of a | ||||||
7 | confidential source, confidential information | ||||||
8 | furnished only by the confidential source, or persons | ||||||
9 | who file complaints with or provide information to | ||||||
10 | administrative, investigative, law enforcement, or | ||||||
11 | penal agencies; except that the identities of | ||||||
12 | witnesses to traffic crashes, traffic crash reports, | ||||||
13 | and rescue reports shall be provided by agencies of | ||||||
14 | local government, except when disclosure would | ||||||
15 | interfere with an active criminal investigation | ||||||
16 | conducted by the agency that is the recipient of the | ||||||
17 | request; | ||||||
18 | (v) disclose unique or specialized investigative | ||||||
19 | techniques other than those generally used and known | ||||||
20 | or disclose internal documents of correctional | ||||||
21 | agencies related to detection, observation, or | ||||||
22 | investigation of incidents of crime or misconduct, and | ||||||
23 | disclosure would result in demonstrable harm to the | ||||||
24 | agency or public body that is the recipient of the | ||||||
25 | request; | ||||||
26 | (vi) endanger the life or physical safety of law |
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1 | enforcement personnel or any other person; or | ||||||
2 | (vii) obstruct an ongoing criminal investigation | ||||||
3 | by the agency that is the recipient of the request. | ||||||
4 | (d-5) A law enforcement record created for law | ||||||
5 | enforcement purposes and contained in a shared electronic | ||||||
6 | record management system if the law enforcement agency | ||||||
7 | that is the recipient of the request did not create the | ||||||
8 | record, did not participate in or have a role in any of the | ||||||
9 | events which are the subject of the record, and only has | ||||||
10 | access to the record through the shared electronic record | ||||||
11 | management system. | ||||||
12 | (d-6) Records contained in the Officer Professional | ||||||
13 | Conduct Database under Section 9.2 of the Illinois Police | ||||||
14 | Training Act, except to the extent authorized under that | ||||||
15 | Section. This includes the documents supplied to the | ||||||
16 | Illinois Law Enforcement Training Standards Board from the | ||||||
17 | Illinois State Police and Illinois State Police Merit | ||||||
18 | Board. | ||||||
19 | (d-7) Information gathered or records created from the | ||||||
20 | use of automatic license plate readers in connection with | ||||||
21 | Section 2-130 of the Illinois Vehicle Code. | ||||||
22 | (e) Records that relate to or affect the security of | ||||||
23 | correctional institutions and detention facilities. | ||||||
24 | (e-5) Records requested by persons committed to the | ||||||
25 | Department of Corrections, Department of Human Services | ||||||
26 | Division of Mental Health, or a county jail if those |
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1 | materials are available in the library of the correctional | ||||||
2 | institution or facility or jail where the inmate is | ||||||
3 | confined. | ||||||
4 | (e-6) Records requested by persons committed to the | ||||||
5 | Department of Corrections, Department of Human Services | ||||||
6 | Division of Mental Health, or a county jail if those | ||||||
7 | materials include records from staff members' personnel | ||||||
8 | files, staff rosters, or other staffing assignment | ||||||
9 | information. | ||||||
10 | (e-7) Records requested by persons committed to the | ||||||
11 | Department of Corrections or Department of Human Services | ||||||
12 | Division of Mental Health if those materials are available | ||||||
13 | through an administrative request to the Department of | ||||||
14 | Corrections or Department of Human Services Division of | ||||||
15 | Mental Health. | ||||||
16 | (e-8) Records requested by a person committed to the | ||||||
17 | Department of Corrections, Department of Human Services | ||||||
18 | Division of Mental Health, or a county jail, the | ||||||
19 | disclosure of which would result in the risk of harm to any | ||||||
20 | person or the risk of an escape from a jail or correctional | ||||||
21 | institution or facility. | ||||||
22 | (e-9) Records requested by a person in a county jail | ||||||
23 | or committed to the Department of Corrections or | ||||||
24 | Department of Human Services Division of Mental Health, | ||||||
25 | containing personal information pertaining to the person's | ||||||
26 | victim or the victim's family, including, but not limited |
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1 | to, a victim's home address, home telephone number, work | ||||||
2 | or school address, work telephone number, social security | ||||||
3 | number, or any other identifying information, except as | ||||||
4 | may be relevant to a requester's current or potential case | ||||||
5 | or claim. | ||||||
6 | (e-10) Law enforcement records of other persons | ||||||
7 | requested by a person committed to the Department of | ||||||
8 | Corrections, Department of Human Services Division of | ||||||
9 | Mental Health, or a county jail, including, but not | ||||||
10 | limited to, arrest and booking records, mug shots, and | ||||||
11 | crime scene photographs, except as these records may be | ||||||
12 | relevant to the requester's current or potential case or | ||||||
13 | claim. | ||||||
14 | (f) Preliminary drafts, notes, recommendations, | ||||||
15 | memoranda, and other records in which opinions are | ||||||
16 | expressed, or policies or actions are formulated, except | ||||||
17 | that a specific record or relevant portion of a record | ||||||
18 | shall not be exempt when the record is publicly cited and | ||||||
19 | identified by the head of the public body. The exemption | ||||||
20 | provided in this paragraph (f) extends to all those | ||||||
21 | records of officers and agencies of the General Assembly | ||||||
22 | that pertain to the preparation of legislative documents. | ||||||
23 | (g) Trade secrets and commercial or financial | ||||||
24 | information obtained from a person or business where the | ||||||
25 | trade secrets or commercial or financial information are | ||||||
26 | furnished under a claim that they are proprietary, |
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1 | privileged, or confidential, and that disclosure of the | ||||||
2 | trade secrets or commercial or financial information would | ||||||
3 | cause competitive harm to the person or business, and only | ||||||
4 | insofar as the claim directly applies to the records | ||||||
5 | requested. | ||||||
6 | The information included under this exemption includes | ||||||
7 | all trade secrets and commercial or financial information | ||||||
8 | obtained by a public body, including a public pension | ||||||
9 | fund, from a private equity fund or a privately held | ||||||
10 | company within the investment portfolio of a private | ||||||
11 | equity fund as a result of either investing or evaluating | ||||||
12 | a potential investment of public funds in a private equity | ||||||
13 | fund. The exemption contained in this item does not apply | ||||||
14 | to the aggregate financial performance information of a | ||||||
15 | private equity fund, nor to the identity of the fund's | ||||||
16 | managers or general partners. The exemption contained in | ||||||
17 | this item does not apply to the identity of a privately | ||||||
18 | held company within the investment portfolio of a private | ||||||
19 | equity fund, unless the disclosure of the identity of a | ||||||
20 | privately held company may cause competitive harm. | ||||||
21 | Nothing contained in this paragraph (g) shall be | ||||||
22 | construed to prevent a person or business from consenting | ||||||
23 | to disclosure. | ||||||
24 | (h) Proposals and bids for any contract, grant, or | ||||||
25 | agreement, including information which if it were | ||||||
26 | disclosed would frustrate procurement or give an advantage |
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1 | to any person proposing to enter into a contractor | ||||||
2 | agreement with the body, until an award or final selection | ||||||
3 | is made. Information prepared by or for the body in | ||||||
4 | preparation of a bid solicitation shall be exempt until an | ||||||
5 | award or final selection is made. | ||||||
6 | (i) Valuable formulae, computer geographic systems, | ||||||
7 | designs, drawings, and research data obtained or produced | ||||||
8 | by any public body when disclosure could reasonably be | ||||||
9 | expected to produce private gain or public loss. The | ||||||
10 | exemption for "computer geographic systems" provided in | ||||||
11 | this paragraph (i) does not extend to requests made by | ||||||
12 | news media as defined in Section 2 of this Act when the | ||||||
13 | requested information is not otherwise exempt and the only | ||||||
14 | purpose of the request is to access and disseminate | ||||||
15 | information regarding the health, safety, welfare, or | ||||||
16 | legal rights of the general public. | ||||||
17 | (j) The following information pertaining to | ||||||
18 | educational matters: | ||||||
19 | (i) test questions, scoring keys, and other | ||||||
20 | examination data used to administer an academic | ||||||
21 | examination; | ||||||
22 | (ii) information received by a primary or | ||||||
23 | secondary school, college, or university under its | ||||||
24 | procedures for the evaluation of faculty members by | ||||||
25 | their academic peers; | ||||||
26 | (iii) information concerning a school or |
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1 | university's adjudication of student disciplinary | ||||||
2 | cases, but only to the extent that disclosure would | ||||||
3 | unavoidably reveal the identity of the student; and | ||||||
4 | (iv) course materials or research materials used | ||||||
5 | by faculty members. | ||||||
6 | (k) Architects' plans, engineers' technical | ||||||
7 | submissions, and other construction related technical | ||||||
8 | documents for projects not constructed or developed in | ||||||
9 | whole or in part with public funds and the same for | ||||||
10 | projects constructed or developed with public funds, | ||||||
11 | including, but not limited to, power generating and | ||||||
12 | distribution stations and other transmission and | ||||||
13 | distribution facilities, water treatment facilities, | ||||||
14 | airport facilities, sport stadiums, convention centers, | ||||||
15 | and all government owned, operated, or occupied buildings, | ||||||
16 | but only to the extent that disclosure would compromise | ||||||
17 | security. | ||||||
18 | (l) Minutes of meetings of public bodies closed to the | ||||||
19 | public as provided in the Open Meetings Act until the | ||||||
20 | public body makes the minutes available to the public | ||||||
21 | under Section 2.06 of the Open Meetings Act. | ||||||
22 | (m) Communications between a public body and an | ||||||
23 | attorney or auditor representing the public body that | ||||||
24 | would not be subject to discovery in litigation, and | ||||||
25 | materials prepared or compiled by or for a public body in | ||||||
26 | anticipation of a criminal, civil, or administrative |
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1 | proceeding upon the request of an attorney advising the | ||||||
2 | public body, and materials prepared or compiled with | ||||||
3 | respect to internal audits of public bodies. | ||||||
4 | (n) Records relating to a public body's adjudication | ||||||
5 | of employee grievances or disciplinary cases; however, | ||||||
6 | this exemption shall not extend to the final outcome of | ||||||
7 | cases in which discipline is imposed. | ||||||
8 | (o) Administrative or technical information associated | ||||||
9 | with automated data processing operations, including, but | ||||||
10 | not limited to, software, operating protocols, computer | ||||||
11 | program abstracts, file layouts, source listings, object | ||||||
12 | modules, load modules, user guides, documentation | ||||||
13 | pertaining to all logical and physical design of | ||||||
14 | computerized systems, employee manuals, and any other | ||||||
15 | information that, if disclosed, would jeopardize the | ||||||
16 | security of the system or its data or the security of | ||||||
17 | materials exempt under this Section. | ||||||
18 | (p) Records relating to collective negotiating matters | ||||||
19 | between public bodies and their employees or | ||||||
20 | representatives, except that any final contract or | ||||||
21 | agreement shall be subject to inspection and copying. | ||||||
22 | (q) Test questions, scoring keys, and other | ||||||
23 | examination data used to determine the qualifications of | ||||||
24 | an applicant for a license or employment. | ||||||
25 | (r) The records, documents, and information relating | ||||||
26 | to real estate purchase negotiations until those |
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1 | negotiations have been completed or otherwise terminated. | ||||||
2 | With regard to a parcel involved in a pending or actually | ||||||
3 | and reasonably contemplated eminent domain proceeding | ||||||
4 | under the Eminent Domain Act, records, documents, and | ||||||
5 | information relating to that parcel shall be exempt except | ||||||
6 | as may be allowed under discovery rules adopted by the | ||||||
7 | Illinois Supreme Court. The records, documents, and | ||||||
8 | information relating to a real estate sale shall be exempt | ||||||
9 | until a sale is consummated. | ||||||
10 | (s) Any and all proprietary information and records | ||||||
11 | related to the operation of an intergovernmental risk | ||||||
12 | management association or self-insurance pool or jointly | ||||||
13 | self-administered health and accident cooperative or pool. | ||||||
14 | Insurance or self-insurance (including any | ||||||
15 | intergovernmental risk management association or | ||||||
16 | self-insurance pool) claims, loss or risk management | ||||||
17 | information, records, data, advice, or communications. | ||||||
18 | (t) Information contained in or related to | ||||||
19 | examination, operating, or condition reports prepared by, | ||||||
20 | on behalf of, or for the use of a public body responsible | ||||||
21 | for the regulation or supervision of financial | ||||||
22 | institutions, insurance companies, or pharmacy benefit | ||||||
23 | managers, unless disclosure is otherwise required by State | ||||||
24 | law. | ||||||
25 | (u) Information that would disclose or might lead to | ||||||
26 | the disclosure of secret or confidential information, |
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1 | codes, algorithms, programs, or private keys intended to | ||||||
2 | be used to create electronic signatures under the Uniform | ||||||
3 | Electronic Transactions Act. | ||||||
4 | (v) Vulnerability assessments, security measures, and | ||||||
5 | response policies or plans that are designed to identify, | ||||||
6 | prevent, or respond to potential attacks upon a | ||||||
7 | community's population or systems, facilities, or | ||||||
8 | installations, but only to the extent that disclosure | ||||||
9 | could reasonably be expected to expose the vulnerability | ||||||
10 | or jeopardize the effectiveness of the measures, policies, | ||||||
11 | or plans, or the safety of the personnel who implement | ||||||
12 | them or the public. Information exempt under this item may | ||||||
13 | include such things as details pertaining to the | ||||||
14 | mobilization or deployment of personnel or equipment, to | ||||||
15 | the operation of communication systems or protocols, to | ||||||
16 | cybersecurity vulnerabilities, or to tactical operations. | ||||||
17 | (w) (Blank). | ||||||
18 | (x) Maps and other records regarding the location or | ||||||
19 | security of generation, transmission, distribution, | ||||||
20 | storage, gathering, treatment, or switching facilities | ||||||
21 | owned by a utility, by a power generator, or by the | ||||||
22 | Illinois Power Agency. | ||||||
23 | (y) Information contained in or related to proposals, | ||||||
24 | bids, or negotiations related to electric power | ||||||
25 | procurement under Section 1-75 of the Illinois Power | ||||||
26 | Agency Act and Section 16-111.5 of the Public Utilities |
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1 | Act that is determined to be confidential and proprietary | ||||||
2 | by the Illinois Power Agency or by the Illinois Commerce | ||||||
3 | Commission. | ||||||
4 | (z) Information about students exempted from | ||||||
5 | disclosure under Section 10-20.38 or 34-18.29 of the | ||||||
6 | School Code, and information about undergraduate students | ||||||
7 | enrolled at an institution of higher education exempted | ||||||
8 | from disclosure under Section 25 of the Illinois Credit | ||||||
9 | Card Marketing Act of 2009. | ||||||
10 | (aa) Information the disclosure of which is exempted | ||||||
11 | under the Viatical Settlements Act of 2009. | ||||||
12 | (bb) Records and information provided to a mortality | ||||||
13 | review team and records maintained by a mortality review | ||||||
14 | team appointed under the Department of Juvenile Justice | ||||||
15 | Mortality Review Team Act. | ||||||
16 | (cc) Information regarding interments, entombments, or | ||||||
17 | inurnments of human remains that are submitted to the | ||||||
18 | Cemetery Oversight Database under the Cemetery Care Act or | ||||||
19 | the Cemetery Oversight Act, whichever is applicable. | ||||||
20 | (dd) Correspondence and records (i) that may not be | ||||||
21 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
22 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
23 | the Illinois Public Aid Code. | ||||||
24 | (ee) The names, addresses, or other personal | ||||||
25 | information of persons who are minors and are also | ||||||
26 | participants and registrants in programs of park |
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1 | districts, forest preserve districts, conservation | ||||||
2 | districts, recreation agencies, and special recreation | ||||||
3 | associations. | ||||||
4 | (ff) The names, addresses, or other personal | ||||||
5 | information of participants and registrants in programs of | ||||||
6 | park districts, forest preserve districts, conservation | ||||||
7 | districts, recreation agencies, and special recreation | ||||||
8 | associations where such programs are targeted primarily to | ||||||
9 | minors. | ||||||
10 | (gg) Confidential information described in Section | ||||||
11 | 1-100 of the Illinois Independent Tax Tribunal Act of | ||||||
12 | 2012. | ||||||
13 | (hh) The report submitted to the State Board of | ||||||
14 | Education by the School Security and Standards Task Force | ||||||
15 | under item (8) of subsection (d) of Section 2-3.160 of the | ||||||
16 | School Code and any information contained in that report. | ||||||
17 | (ii) Records requested by persons committed to or | ||||||
18 | detained by the Department of Human Services under the | ||||||
19 | Sexually Violent Persons Commitment Act or committed to | ||||||
20 | the Department of Corrections under the Sexually Dangerous | ||||||
21 | Persons Act if those materials: (i) are available in the | ||||||
22 | library of the facility where the individual is confined; | ||||||
23 | (ii) include records from staff members' personnel files, | ||||||
24 | staff rosters, or other staffing assignment information; | ||||||
25 | or (iii) are available through an administrative request | ||||||
26 | to the Department of Human Services or the Department of |
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1 | Corrections. | ||||||
2 | (jj) Confidential information described in Section | ||||||
3 | 5-535 of the Civil Administrative Code of Illinois. | ||||||
4 | (kk) The public body's credit card numbers, debit card | ||||||
5 | numbers, bank account numbers, Federal Employer | ||||||
6 | Identification Number, security code numbers, passwords, | ||||||
7 | and similar account information, the disclosure of which | ||||||
8 | could result in identity theft or impression or defrauding | ||||||
9 | of a governmental entity or a person. | ||||||
10 | (ll) Records concerning the work of the threat | ||||||
11 | assessment team of a school district, including, but not | ||||||
12 | limited to, any threat assessment procedure under the | ||||||
13 | School Safety Drill Act and any information contained in | ||||||
14 | the procedure. | ||||||
15 | (mm) Information prohibited from being disclosed under | ||||||
16 | subsections (a) and (b) of Section 15 of the Student | ||||||
17 | Confidential Reporting Act. | ||||||
18 | (nn) Proprietary information submitted to the | ||||||
19 | Environmental Protection Agency under the Drug Take-Back | ||||||
20 | Act. | ||||||
21 | (oo) Records described in subsection (f) of Section | ||||||
22 | 3-5-1 of the Unified Code of Corrections. | ||||||
23 | (pp) Any and all information regarding burials, | ||||||
24 | interments, or entombments of human remains as required to | ||||||
25 | be reported to the Department of Natural Resources | ||||||
26 | pursuant either to the Archaeological and Paleontological |
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1 | Resources Protection Act or the Human Remains Protection | ||||||
2 | Act. | ||||||
3 | (qq) Reports described in subsection (e) of Section | ||||||
4 | 16-15 of the Abortion Care Clinical Training Program Act. | ||||||
5 | (rr) Information obtained by a certified local health | ||||||
6 | department under the Access to Public Health Data Act. | ||||||
7 | (ss) For a request directed to a public body that is | ||||||
8 | also a HIPAA-covered entity, all information that is | ||||||
9 | protected health information, including demographic | ||||||
10 | information, that may be contained within or extracted | ||||||
11 | from any record held by the public body in compliance with | ||||||
12 | State and federal medical privacy laws and regulations, | ||||||
13 | including, but not limited to, the Health Insurance | ||||||
14 | Portability and Accountability Act and its regulations, 45 | ||||||
15 | CFR Parts 160 and 164. As used in this paragraph, | ||||||
16 | "HIPAA-covered entity" has the meaning given to the term | ||||||
17 | "covered entity" in 45 CFR 160.103 and "protected health | ||||||
18 | information" has the meaning given to that term in 45 CFR | ||||||
19 | 160.103. | ||||||
20 | (tt) Proposals or bids submitted by engineering | ||||||
21 | consultants in response to requests for proposal or other | ||||||
22 | competitive bidding requests by the Department of | ||||||
23 | Transportation or the Illinois Toll Highway Authority. | ||||||
24 | (1.5) Any information exempt from disclosure under the | ||||||
25 | Judicial Privacy Act shall be redacted from public records | ||||||
26 | prior to disclosure under this Act. |
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1 | (2) A public record that is not in the possession of a | ||||||
2 | public body but is in the possession of a party with whom the | ||||||
3 | agency has contracted to perform a governmental function on | ||||||
4 | behalf of the public body, and that directly relates to the | ||||||
5 | governmental function and is not otherwise exempt under this | ||||||
6 | Act, shall be considered a public record of the public body, | ||||||
7 | for purposes of this Act. | ||||||
8 | (3) This Section does not authorize withholding of | ||||||
9 | information or limit the availability of records to the | ||||||
10 | public, except as stated in this Section or otherwise provided | ||||||
11 | in this Act. | ||||||
12 | (Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21; | ||||||
13 | 102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff. | ||||||
14 | 1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982, | ||||||
15 | eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23; | ||||||
16 | 103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff. | ||||||
17 | 8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; 103-605, | ||||||
18 | eff. 7-1-24; 103-865, eff. 1-1-25 .) |