Full Text of HB5267 101st General Assembly
HB5267 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5267 Introduced , by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED: |
| 5 ILCS 140/7 | from Ch. 116, par. 207 | 775 ILCS 55/40 new | |
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Amends the Reproductive Health Act. Provides that a health care professional who provides abortion-related care may submit, to any government agency, person, business, or association, a written request that the government agency, person, business, or association refrain from disclosing any personal information about the health care professional. Provides that if a government agency receives a written request from a health care professional, the government agency shall not publicly post or display publicly available content that includes any personal information of the health care professional. Exempts the personal information of the health care professional from the Freedom of Information Act. Provides that if a person, business, or association receives a written request from a health care professional, the person, business, or association shall refrain from publicly posting or displaying on the Internet publicly available content that includes the personal information of a health care professional. Provides that no person, business, or association shall solicit, sell, or trade any personal information of the health care professional with the intent to post an imminent or serious threat to the health and safety of the health care professional or his or her immediate family. Allows a health care professional to bring an action against a government agency, person, business, or association, seeking injunctive or declaratory relief if a written request is violated. Provides that it a Class 3 felony for any person to knowingly publicly post on the Internet the personal information of a health care professional or his or her immediate family if the person knows or reasonably should know that publicly posting the personal information poses an imminent and serious threat to the health and safety of the health care professional or his or her immediate family, and the violation is a proximate cause of bodily injury or death of the health care professional or his or her immediate family member. Makes a conforming change in the Freedom of Information Act.
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| | A BILL FOR |
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| 1 | | AN ACT concerning human rights.
| 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) (from Ch. 116, par. 207) | 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 disclosure | 10 | | under this Section, but also contains information that is not | 11 | | exempt from disclosure, the public body may elect to redact the | 12 | | information that is exempt. The public body shall make the | 13 | | remaining information available for inspection and copying. | 14 | | Subject to this requirement, the following shall be exempt from | 15 | | inspection and copying:
| 16 | | (a) Information specifically prohibited from | 17 | | disclosure by federal or
State law or rules and regulations | 18 | | 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 or | 21 | | 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 more | 2 | | law enforcement agencies regarding the physical or mental | 3 | | status of one or more individual subjects. | 4 | | (c) Personal information contained within public | 5 | | records, the disclosure of which would constitute a clearly
| 6 | | unwarranted invasion of personal privacy, unless the | 7 | | disclosure is
consented to in writing by the individual | 8 | | subjects of the information. "Unwarranted invasion of | 9 | | personal privacy" means the disclosure of information that | 10 | | is highly personal or objectionable to a reasonable person | 11 | | and in which the subject's right to privacy outweighs any | 12 | | legitimate public interest in obtaining the information. | 13 | | The
disclosure of information that bears on the public | 14 | | duties of public
employees and officials shall not be | 15 | | considered an invasion of personal
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 extent | 20 | | 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 accidents, traffic accident | 12 | | reports, and rescue reports shall be provided by | 13 | | agencies of local government, except when disclosure | 14 | | would 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 or | 19 | | disclose internal documents of
correctional agencies | 20 | | related to detection, observation or investigation of
| 21 | | incidents of crime or misconduct, and disclosure would | 22 | | result in demonstrable harm to the agency or public | 23 | | body that is the recipient of the request;
| 24 | | (vi) endanger the life or physical safety of law | 25 | | enforcement personnel
or any other person; or
| 26 | | (vii) obstruct an ongoing criminal investigation |
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| 1 | | by the agency that is the recipient of the request.
| 2 | | (d-5) A law enforcement record created for law | 3 | | enforcement purposes and contained in a shared electronic | 4 | | record management system if the law enforcement agency that | 5 | | is the recipient of the request did not create the record, | 6 | | did not participate in or have a role in any of the events | 7 | | which are the subject of the record, and only has access to | 8 | | the record through the shared electronic record management | 9 | | system. | 10 | | (e) Records that relate to or affect the security of | 11 | | correctional
institutions and detention facilities.
| 12 | | (e-5) Records requested by persons committed to the | 13 | | Department of Corrections, Department of Human Services | 14 | | Division of Mental Health, or a county jail if those | 15 | | materials are available in the library of the correctional | 16 | | institution or facility or jail where the inmate is | 17 | | confined. | 18 | | (e-6) Records requested by persons committed to the | 19 | | Department of Corrections, Department of Human Services | 20 | | Division of Mental Health, or a county jail if those | 21 | | materials include records from staff members' personnel | 22 | | files, staff rosters, or other staffing assignment | 23 | | information. | 24 | | (e-7) Records requested by persons committed to the | 25 | | Department of Corrections or Department of Human Services | 26 | | Division of Mental Health if those materials are available |
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| 1 | | through an administrative request to the Department of | 2 | | Corrections or Department of Human Services Division of | 3 | | Mental Health. | 4 | | (e-8) Records requested by a person committed to the | 5 | | Department of Corrections, Department of Human Services | 6 | | Division of Mental Health, or a county jail, the disclosure | 7 | | of which would result in the risk of harm to any person or | 8 | | the risk of an escape from a jail or correctional | 9 | | institution or facility. | 10 | | (e-9) Records requested by a person in a county jail or | 11 | | committed to the Department of Corrections or Department of | 12 | | Human Services Division of Mental Health, containing | 13 | | personal information pertaining to the person's victim or | 14 | | the victim's family, including, but not limited to, a | 15 | | victim's home address, home telephone number, work or | 16 | | school address, work telephone number, social security | 17 | | number, or any other identifying information, except as may | 18 | | be relevant to a requester's current or potential case or | 19 | | claim. | 20 | | (e-10) Law enforcement records of other persons | 21 | | requested by a person committed to the Department of | 22 | | Corrections, Department of Human Services Division of | 23 | | Mental Health, or a county jail, including, but not limited | 24 | | to, arrest and booking records, mug shots, and crime scene | 25 | | photographs, except as these records may be relevant to the | 26 | | requester's current or potential case or claim. |
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| 1 | | (f) Preliminary drafts, notes, recommendations, | 2 | | memoranda and other
records in which opinions are | 3 | | expressed, or policies or actions are
formulated, except | 4 | | that a specific record or relevant portion of a
record | 5 | | shall not be exempt when the record is publicly cited
and | 6 | | identified by the head of the public body. The exemption | 7 | | provided in
this paragraph (f) extends to all those records | 8 | | of officers and agencies
of the General Assembly that | 9 | | pertain to the preparation of legislative
documents.
| 10 | | (g) Trade secrets and commercial or financial | 11 | | information obtained from
a person or business where the | 12 | | trade secrets or commercial or financial information are | 13 | | furnished under a claim that they are
proprietary, | 14 | | privileged , or confidential, and that disclosure of the | 15 | | trade
secrets or commercial or financial information would | 16 | | cause competitive harm to the person or business, and only | 17 | | insofar as the claim directly applies to the records | 18 | | requested. | 19 | | The information included under this exemption includes | 20 | | all trade secrets and commercial or financial information | 21 | | obtained by a public body, including a public pension fund, | 22 | | from a private equity fund or a privately held company | 23 | | within the investment portfolio of a private equity fund as | 24 | | a result of either investing or evaluating a potential | 25 | | investment of public funds in a private equity fund. The | 26 | | exemption contained in this item does not apply to the |
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| 1 | | aggregate financial performance information of a private | 2 | | equity fund, nor to the identity of the fund's managers or | 3 | | general partners. The exemption contained in this item does | 4 | | not apply to the identity of a privately held company | 5 | | within the investment portfolio of a private equity fund, | 6 | | unless the disclosure of the identity of a privately held | 7 | | company may cause competitive harm. | 8 | | Nothing contained in this
paragraph (g) shall be | 9 | | construed to prevent a person or business from
consenting | 10 | | to disclosure.
| 11 | | (h) Proposals and bids for any contract, grant, or | 12 | | agreement, including
information which if it were | 13 | | disclosed would frustrate procurement or give
an advantage | 14 | | to any person proposing to enter into a contractor | 15 | | agreement
with the body, until an award or final selection | 16 | | is made. Information
prepared by or for the body in | 17 | | preparation of a bid solicitation shall be
exempt until an | 18 | | award or final selection is made.
| 19 | | (i) Valuable formulae,
computer geographic systems,
| 20 | | designs, drawings and research data obtained or
produced by | 21 | | any public body when disclosure could reasonably be | 22 | | expected to
produce private gain or public loss.
The | 23 | | exemption for "computer geographic systems" provided in | 24 | | this paragraph
(i) does not extend to requests made by news | 25 | | media as defined in Section 2 of
this Act when the | 26 | | requested information is not otherwise exempt and the only
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| 1 | | purpose of the request is to access and disseminate | 2 | | information regarding the
health, safety, welfare, or | 3 | | legal rights of the general public.
| 4 | | (j) The following information pertaining to | 5 | | educational matters: | 6 | | (i) test questions, scoring keys and other | 7 | | examination data used to
administer an academic | 8 | | examination;
| 9 | | (ii) information received by a primary or | 10 | | secondary school, college, or university under its | 11 | | procedures for the evaluation of faculty members by | 12 | | their academic peers; | 13 | | (iii) information concerning a school or | 14 | | university's adjudication of student disciplinary | 15 | | cases, but only to the extent that disclosure would | 16 | | unavoidably reveal the identity of the student; and | 17 | | (iv) course materials or research materials used | 18 | | by faculty members. | 19 | | (k) Architects' plans, engineers' technical | 20 | | submissions, and
other
construction related technical | 21 | | documents for
projects not constructed or developed in | 22 | | whole or in part with public funds
and the same for | 23 | | projects constructed or developed with public funds, | 24 | | including , but not limited to , power generating and | 25 | | distribution stations and other transmission and | 26 | | distribution facilities, water treatment facilities, |
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| 1 | | airport facilities, sport stadiums, convention centers, | 2 | | and all government owned, operated, or occupied buildings, | 3 | | but
only to the extent
that disclosure would compromise | 4 | | security.
| 5 | | (l) Minutes of meetings of public bodies closed to the
| 6 | | public as provided in the Open Meetings Act until the | 7 | | public body
makes the minutes available to the public under | 8 | | Section 2.06 of the Open
Meetings Act.
| 9 | | (m) Communications between a public body and an | 10 | | attorney or auditor
representing the public body that would | 11 | | not be subject to discovery in
litigation, and materials | 12 | | prepared or compiled by or for a public body in
| 13 | | anticipation of a criminal, civil , or administrative | 14 | | proceeding upon the
request of an attorney advising the | 15 | | public body, and materials prepared or
compiled with | 16 | | respect to internal audits of public bodies.
| 17 | | (n) Records relating to a public body's adjudication of | 18 | | employee grievances or disciplinary cases; however, this | 19 | | exemption shall not extend to the final outcome of cases in | 20 | | which discipline is imposed.
| 21 | | (o) Administrative or technical information associated | 22 | | with automated
data processing operations, including , but | 23 | | not limited to , software,
operating protocols, computer | 24 | | program abstracts, file layouts, source
listings, object | 25 | | modules, load modules, user guides, documentation
| 26 | | pertaining to all logical and physical design of |
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| 1 | | computerized systems,
employee manuals, and any other | 2 | | information that, if disclosed, would
jeopardize the | 3 | | security of the system or its data or the security of
| 4 | | materials exempt under this Section.
| 5 | | (p) Records relating to collective negotiating matters
| 6 | | between public bodies and their employees or | 7 | | representatives, except that
any final contract or | 8 | | agreement shall be subject to inspection and copying.
| 9 | | (q) Test questions, scoring keys, and other | 10 | | examination data used to determine the qualifications of an | 11 | | applicant for a license or employment.
| 12 | | (r) The records, documents, and information relating | 13 | | to real estate
purchase negotiations until those | 14 | | negotiations have been completed or
otherwise terminated. | 15 | | With regard to a parcel involved in a pending or
actually | 16 | | and reasonably contemplated eminent domain proceeding | 17 | | under the Eminent Domain Act, records, documents , and
| 18 | | information relating to that parcel shall be exempt except | 19 | | as may be
allowed under discovery rules adopted by the | 20 | | Illinois Supreme Court. The
records, documents , and | 21 | | information relating to a real estate sale shall be
exempt | 22 | | until a sale is consummated.
| 23 | | (s) Any and all proprietary information and records | 24 | | related to the
operation of an intergovernmental risk | 25 | | management association or
self-insurance pool or jointly | 26 | | self-administered health and accident
cooperative or pool.
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| 1 | | Insurance or self insurance (including any | 2 | | intergovernmental risk management association or self | 3 | | insurance pool) claims, loss or risk management | 4 | | information, records, data, advice or communications.
| 5 | | (t) Information contained in or related to | 6 | | examination, operating, or
condition reports prepared by, | 7 | | on behalf of, or for the use of a public
body responsible | 8 | | for the regulation or supervision of financial
| 9 | | institutions, insurance companies, or pharmacy benefit | 10 | | managers, unless disclosure is otherwise
required by State | 11 | | law.
| 12 | | (u) Information that would disclose
or might lead to | 13 | | the disclosure of
secret or confidential information, | 14 | | codes, algorithms, programs, or private
keys intended to be | 15 | | used to create electronic or digital signatures under the
| 16 | | Electronic Commerce Security Act.
| 17 | | (v) Vulnerability assessments, security measures, and | 18 | | response policies
or plans that are designed to identify, | 19 | | prevent, or respond to potential
attacks upon a community's | 20 | | population or systems, facilities, or installations,
the | 21 | | destruction or contamination of which would constitute a | 22 | | clear and present
danger to the health or safety of the | 23 | | community, but only to the extent that
disclosure could | 24 | | reasonably be expected to jeopardize the effectiveness of | 25 | | the
measures or the safety of the personnel who implement | 26 | | them or the public.
Information exempt under this item may |
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| 1 | | include such things as details
pertaining to the | 2 | | mobilization or deployment of personnel or equipment, to | 3 | | the
operation of communication systems or protocols, or to | 4 | | tactical operations.
| 5 | | (w) (Blank). | 6 | | (x) Maps and other records regarding the location or | 7 | | security of generation, transmission, distribution, | 8 | | storage, gathering,
treatment, or switching facilities | 9 | | owned by a utility, by a power generator, or by the | 10 | | Illinois Power Agency.
| 11 | | (y) Information contained in or related to proposals, | 12 | | bids, or negotiations related to electric power | 13 | | procurement under Section 1-75 of the Illinois Power Agency | 14 | | Act and Section 16-111.5 of the Public Utilities Act that | 15 | | is determined to be confidential and proprietary by the | 16 | | Illinois Power Agency or by the Illinois Commerce | 17 | | Commission.
| 18 | | (z) Information about students exempted from | 19 | | disclosure under Sections 10-20.38 or 34-18.29 of the | 20 | | School Code, and information about undergraduate students | 21 | | enrolled at an institution of higher education exempted | 22 | | from disclosure under Section 25 of the Illinois Credit | 23 | | Card Marketing Act of 2009. | 24 | | (aa) Information the disclosure of which is
exempted | 25 | | under the Viatical Settlements Act of 2009.
| 26 | | (bb) Records and information provided to a mortality |
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| 1 | | review team and records maintained by a mortality review | 2 | | team appointed under the Department of Juvenile Justice | 3 | | Mortality Review Team Act. | 4 | | (cc) Information regarding interments, entombments, or | 5 | | inurnments of human remains that are submitted to the | 6 | | Cemetery Oversight Database under the Cemetery Care Act or | 7 | | the Cemetery Oversight Act, whichever is applicable. | 8 | | (dd) Correspondence and records (i) that may not be | 9 | | disclosed under Section 11-9 of the Illinois Public Aid | 10 | | Code or (ii) that pertain to appeals under Section 11-8 of | 11 | | the Illinois Public Aid Code. | 12 | | (ee) The names, addresses, or other personal | 13 | | information of persons who are minors and are also | 14 | | participants and registrants in programs of park | 15 | | districts, forest preserve districts, conservation | 16 | | districts, recreation agencies, and special recreation | 17 | | associations. | 18 | | (ff) The names, addresses, or other personal | 19 | | information of participants and registrants in programs of | 20 | | park districts, forest preserve districts, conservation | 21 | | districts, recreation agencies, and special recreation | 22 | | associations where such programs are targeted primarily to | 23 | | minors. | 24 | | (gg) Confidential information described in Section | 25 | | 1-100 of the Illinois Independent Tax Tribunal Act of 2012. | 26 | | (hh) The report submitted to the State Board of |
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| 1 | | Education by the School Security and Standards Task Force | 2 | | under item (8) of subsection (d) of Section 2-3.160 of the | 3 | | School Code and any information contained in that report. | 4 | | (ii) Records requested by persons committed to or | 5 | | detained by the Department of Human Services under the | 6 | | Sexually Violent Persons Commitment Act or committed to the | 7 | | Department of Corrections under the Sexually Dangerous | 8 | | Persons Act if those materials: (i) are available in the | 9 | | library of the facility where the individual is confined; | 10 | | (ii) include records from staff members' personnel files, | 11 | | staff rosters, or other staffing assignment information; | 12 | | or (iii) are available through an administrative request to | 13 | | the Department of Human Services or the Department of | 14 | | Corrections. | 15 | | (jj) Confidential information described in Section | 16 | | 5-535 of the Civil Administrative Code of Illinois. | 17 | | (kk) The public body's credit card numbers, debit card | 18 | | numbers, bank account numbers, Federal Employer | 19 | | Identification Number, security code numbers, passwords, | 20 | | and similar account information, the disclosure of which | 21 | | could result in identity theft or impression or defrauding | 22 | | of a governmental entity or a person. | 23 | | (ll) (kk) Records concerning the work of the threat | 24 | | assessment team of a school district. | 25 | | (1.5) Any information exempt from disclosure under the | 26 | | Judicial Privacy Act shall be redacted from public records |
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| 1 | | prior to disclosure under this Act. | 2 | | (1.7) Any information exempt from disclosure under Section | 3 | | 40 of the Reproductive Health Act shall be redacted from public | 4 | | records prior to disclosure under this Act. | 5 | | (2) A public record that is not in the possession of a | 6 | | public body but is in the possession of a party with whom the | 7 | | agency has contracted to perform a governmental function on | 8 | | behalf of the public body, and that directly relates to the | 9 | | governmental function and is not otherwise exempt under this | 10 | | Act, shall be considered a public record of the public body, | 11 | | for purposes of this Act. | 12 | | (3) This Section does not authorize withholding of | 13 | | information or limit the
availability of records to the public, | 14 | | except as stated in this Section or
otherwise provided in this | 15 | | Act.
| 16 | | (Source: P.A. 100-26, eff. 8-4-17; 100-201, eff. 8-18-17; | 17 | | 100-732, eff. 8-3-18; 101-434, eff. 1-1-20; 101-452, eff. | 18 | | 1-1-20; 101-455, eff. 8-23-19; revised 9-27-19.) | 19 | | Section 10. The Reproductive Health Act is amended by | 20 | | adding Section 40 as follows: | 21 | | (775 ILCS 55/40 new) | 22 | | Sec. 40. Health care professional privacy. | 23 | | (a) A health care professional who provides | 24 | | abortion-related care may submit, to any government agency, |
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| 1 | | person, business, or association, a written request that the | 2 | | government agency, person, business, or association refrain | 3 | | from disclosing any personal information about the health care | 4 | | professional. | 5 | | A representative from the health care professional's | 6 | | employer may submit a written request on behalf of the health | 7 | | care professional, if: (i) the health care professional gives | 8 | | written consent to the representative; and (ii) the | 9 | | representative agrees to furnish a copy of that consent when a | 10 | | written request is made. The representative shall submit the | 11 | | written request directly to a government agency, person, | 12 | | business or association. | 13 | | A written request is valid if the health care professional, | 14 | | or representative of the health care professional's employer, | 15 | | sends a written request directly to a government agency, | 16 | | person, business, or association. | 17 | | (b) The written request shall specify: | 18 | | (1) what personal information of the health care | 19 | | professional shall be maintained private; | 20 | | (2) if a health care professional wishes to identify a | 21 | | secondary residence as a home address, the designation of | 22 | | such;
and | 23 | | (3) the identity of any immediate family, and any | 24 | | personal information of those persons that shall be | 25 | | excluded to the extent that it could reasonably be expected | 26 | | to reveal the personal information of the health care |
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| 1 | | professional. | 2 | | (c) A written request is valid until the health care | 3 | | professional provides the government agency, person, business, | 4 | | or association with written permission to release the personal | 5 | | information. Otherwise, a written request from a health care | 6 | | professional expires on death. | 7 | | (d) If a government agency receives a written request from | 8 | | a health care professional in accordance with subsections (a) | 9 | | and (b), the government agency shall not publicly post or | 10 | | display publicly available content that includes any personal | 11 | | information of the health care professional. After receipt of | 12 | | the request, the government agency shall remove any personal | 13 | | information of the health care professional from the publicly | 14 | | available content within 5 business days, and shall not | 15 | | publicly post or display the personal information unless the | 16 | | health care professional has given the government agency | 17 | | written permission to release the personal information as | 18 | | required under subsection (c). The personal information of the | 19 | | health care professional is exempt from the Freedom of | 20 | | Information Act unless the government agency receives consent | 21 | | from the health care professional to make the personal | 22 | | information available to the public. | 23 | | (e) If a government agency fails to comply with a written | 24 | | request under subsection (d), the health care professional may | 25 | | bring an action seeking injunctive or declaratory relief in any | 26 | | court of competent jurisdiction. |
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| 1 | | (f) If a person, business, or association receives a | 2 | | written request from a health care professional in accordance | 3 | | with subsections (a) and (b), the person, business, or | 4 | | association shall refrain from publicly posting or displaying | 5 | | on the Internet publicly available content that includes the | 6 | | personal information of a health care professional. After | 7 | | receipt of a written request, the person, business, or | 8 | | association: (i) has 72 hours to remove the personal | 9 | | information from the Internet; (ii) shall ensure that the | 10 | | personal information of the health care professional is not | 11 | | made available on any website or subsidiary website controlled | 12 | | by that person, business, or association; and (iii) shall not | 13 | | transfer the personal information of the health care | 14 | | professional to any other person, business, or association | 15 | | through any medium. | 16 | | (g) No person, business, or association shall solicit, | 17 | | sell, or trade on the Internet any personal information of the | 18 | | health care professional with the intent to post an imminent or | 19 | | serious threat to the health and safety of the health care | 20 | | professional or his or her immediate family. | 21 | | (h) A health care professional whose personal information | 22 | | is made public as a result of a violation of subsection (f) or | 23 | | (g) may bring an action seeking injunctive or declaratory | 24 | | relief in any court of competent jurisdiction. A court shall | 25 | | award a prevailing health care professional costs and | 26 | | reasonable attorney's fees. |
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| 1 | | (i) No government agency, person, business, or association | 2 | | shall be found to have violated any provision of this Section | 3 | | if the health care professional fails to submit a written | 4 | | request calling for the protection of the personal information | 5 | | of the health care professional. | 6 | | (j) It is unlawful for any person to knowingly publicly | 7 | | post on the Internet the personal information of a health care | 8 | | professional or his or her immediate family if the person knows | 9 | | or reasonably should know that publicly posting the personal | 10 | | information poses an imminent and serious threat to the health | 11 | | and safety of the health care professional or his or her | 12 | | immediate family, and the violation is a proximate cause of | 13 | | bodily injury or death of the health care professional or his | 14 | | or her immediate family member. A person who violates this | 15 | | subsection is guilty of a Class 3 felony. | 16 | | (k) It is not a violation of subsection (j) if an employee | 17 | | of a government agency publishes personal information, in good | 18 | | faith, on the website of the government agency in the ordinary | 19 | | course of carrying out public functions if the employee | 20 | | complied with the conditions of this Section. | 21 | | (l) This Section and any rules adopted to implement this | 22 | | Section shall be construed broadly to favor the protection of | 23 | | the personal information of a health care professional. | 24 | | (m) As used in this Section: | 25 | | "Government agency" means all agencies, authorities, | 26 | | boards, commissions, departments, institutions, offices, and |
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| 1 | | any other bodies politic and corporate of this State created by | 2 | | the constitution or statute, whether in the executive, | 3 | | judicial, or legislative branch; all units and corporate | 4 | | outgrowths created by executive order of the Governor or any | 5 | | constitutional officer, by the Supreme Court, or by resolution | 6 | | of the General Assembly; or agencies, authorities, boards, | 7 | | commissions, departments, institutions, offices, and any other | 8 | | bodies politic and corporate of a unit of local government, or | 9 | | school district. | 10 | | "Home address" means a permanent residence of the health | 11 | | care professional and any secondary residences affirmatively | 12 | | identified by the health care professional. | 13 | | "Immediate family" means a spouse, child, parent, or any | 14 | | blood relative of the health care professional or the spouse of | 15 | | the health care representative who lives in the same residence. | 16 | | "Personal information" means a home address, home | 17 | | telephone number, mobile telephone number, pager number, | 18 | | personal email address, social security number, federal tax | 19 | | identification number, checking and savings account numbers, | 20 | | credit card numbers, marital status, and identity of children | 21 | | under the age of 18. | 22 | | "Publicly available content" means any written, printed, | 23 | | or electronic document or record that provides information or | 24 | | that serves as a document or record maintained, controlled, or | 25 | | in the possession of a government agency that may be obtained | 26 | | by any person or entity, from the Internet, from a government |
| | | HB5267 | - 21 - | LRB101 18481 LNS 67931 b |
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| 1 | | agency upon request free of charge or for a fee, or in response | 2 | | to a request under the Freedom of Information Act. | 3 | | "Publicly post" or "publicly display" means to communicate | 4 | | to another or otherwise make available to the general public. | 5 | | "Written request" means written notice signed by a health | 6 | | care professional requesting a government agency, person, | 7 | | business, or association to refrain from posting or displaying | 8 | | publicly available content that includes the personal | 9 | | information of the health care professional.
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