Illinois General Assembly - Illinois Compiled Statutes

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820 ILCS 40/10

    (820 ILCS 40/10) (from Ch. 48, par. 2010)
    (Text of Section before amendment by P.A. 103-727)
    Sec. 10. Exceptions.

The right of the employee or the employee's designated
representative to inspect his or her personnel records does not apply to:

(a) Letters of reference for that employee or external peer review
documents for academic employees of institutions of higher education.

(b) Any portion of a test document, except that the employee may see a
cumulative total test score for either a section of or the entire test document.

(c) Materials relating to the employer's staff planning, such as
matters relating to the business' development, expansion, closing or operational
goals, where the materials relate to or affect more than one employee,
provided, however, that this exception does not apply if such materials
are, have been or are intended to be used by the employer in determining an
individual employee's qualifications for employment, promotion, transfer,
or additional compensation, or in determining an individual employee's
discharge or discipline.

(d) Information of a personal nature about a person other than the employee
if disclosure of the information would constitute a clearly unwarranted
invasion of the other person's privacy.

(e) An employer who does not maintain any personnel records.

(f) Records relevant to any other pending claim between the employer and
employee which may be discovered in a judicial proceeding.

(g) Investigatory or security records maintained by an employer to
investigate criminal conduct by an employee or other activity by the
employee which could reasonably be expected to harm the employer's
property, operations, or business or could by the employee's activity cause
the employer financial liability, unless and until the employer takes
adverse personnel action based on information in such records.

(Source: P.A. 85-1440.)

(Text of Section after amendment by P.A. 103-727)
Sec. 10. Exceptions.

The right of the employee or the employee's designated representative to inspect his or her personnel records does not apply to:

(a) Letters of reference for that employee or external peer review documents for academic employees of institutions of higher education.

(b) Any portion of a test document, except that the employee may see a cumulative total test score for either a section of or the entire test document.

(c) Materials relating to the employer's staff planning, such as matters relating to the business' development, expansion, closing or operational goals, where the materials relate to or affect more than one employee, provided, however, that this exception does not apply if such materials are, have been or are intended to be used by the employer in determining an individual employee's qualifications for employment, promotion, transfer, compensation, or benefits, or in determining an individual employee's discharge or discipline.

(d) Information of a personal nature about a person other than the employee if disclosure of the information would constitute a clearly unwarranted invasion of the other person's privacy.

(e) An employer who does not maintain any personnel records.

(f) Records relevant to any other pending claim between the employer and employee which may be discovered in a judicial proceeding.

(g) Investigatory or security records maintained by an employer to investigate criminal conduct by an employee or other activity by the employee which could reasonably be expected to harm the employer's property, operations, or business or could by the employee's activity cause the employer financial liability, unless and until the employer takes adverse personnel action based on information in such records.

(h) An employer's trade secrets, client lists, sales projections, and financial data.
(Source: P.A. 103-727, eff. 1-1-25.)