State of Illinois
90th General Assembly

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      5 ILCS 140/7              from Ch. 116, par. 207
          Amends the Freedom of Information Act.  Provides that  an
      individual's  date  of  birth,  driver's  license number, and
      social  security  number  are  exempt  from  inspection   and
      copying.  Effective immediately.
 1        AN  ACT  to  amend  the  Freedom  of  Information  Act by
 2    changing Section 7.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The Freedom of Information Act is amended by
 6    changing Section 7 as follows:
 7        (5 ILCS 140/7) (from Ch. 116, par. 207)
 8        Sec. 7.  Exemptions.
 9        (1)  The following shall be exempt  from  inspection  and
10    copying:
11             (a)  Information    specifically   prohibited   from
12        disclosure  by  federal  or  State  law  or   rules   and
13        regulations adopted under federal or State law.
14             (b)  Information    that,    if   disclosed,   would
15        constitute a clearly  unwarranted  invasion  of  personal
16        privacy, unless the disclosure is consented to in writing
17        by  the  individual  subjects  of  the  information.  The
18        disclosure of information that bears on the public duties
19        of public employees and officials shall not be considered
20        an invasion of personal  privacy.   Information  exempted
21        under  this  subsection  (b)  shall  include  but  is not
22        limited to:
23                  (i)  files and personal information  maintained
24             with   respect   to  clients,  patients,  residents,
25             students  or  other  individuals  receiving  social,
26             medical,   educational,    vocational,    financial,
27             supervisory  or  custodial care or services directly
28             or  indirectly  from  federal  agencies  or   public
29             bodies;
30                  (ii)  personnel  files and personal information
31             maintained with respect to employees, appointees  or
                            -2-                LRB9000470MWpc
 1             elected  officials  of any public body or applicants
 2             for those positions;
 3                  (iii)  files    and    personal     information
 4             maintained with respect to any applicant, registrant
 5             or  licensee  by any public body cooperating with or
 6             engaged    in    professional    or     occupational
 7             registration, licensure or discipline;
 8                  (iv)  information  required  of any taxpayer in
 9             connection with the assessment or collection of  any
10             tax unless disclosure is otherwise required by State
11             statute; and
12                  (v)  information   revealing  the  identity  of
13             persons  who  file  complaints   with   or   provide
14             information  to  administrative,  investigative, law
15             enforcement or penal  agencies;  provided,  however,
16             that   identification   of   witnesses   to  traffic
17             accidents,  traffic  accident  reports,  and  rescue
18             reports  may  be  provided  by  agencies  of   local
19             government,  except  in  a case for which a criminal
20             investigation is  ongoing,  without  constituting  a
21             clearly  unwarranted   per  se  invasion of personal
22             privacy under this subsection; and.
23                  (vi)  an individual's date of  birth,  driver's
24             license number, and social security number.
25             (c)  Records   compiled   by  any  public  body  for
26        administrative  enforcement  proceedings  and   any   law
27        enforcement  or  correctional  agency for law enforcement
28        purposes or for internal matters of a  public  body,  but
29        only to the extent that disclosure would:
30                  (i)  interfere  with  pending  or  actually and
31             reasonably contemplated law enforcement  proceedings
32             conducted  by  any  law  enforcement or correctional
33             agency;
34                  (ii)  interfere  with  pending   administrative
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 1             enforcement  proceedings  conducted  by  any  public
 2             body;
 3                  (iii)  deprive  a  person of a fair trial or an
 4             impartial hearing;
 5                  (iv)  unavoidably disclose the  identity  of  a
 6             confidential   source  or  confidential  information
 7             furnished only by the confidential source;
 8                  (v)  disclose     unique     or     specialized
 9             investigative techniques other than those  generally
10             used  and  known  or  disclose internal documents of
11             correctional   agencies   related   to    detection,
12             observation  or  investigation of incidents of crime
13             or misconduct;
14                  (vi)  constitute  an   invasion   of   personal
15             privacy under subsection (b) of this Section;
16                  (vii)  endanger  the life or physical safety of
17             law enforcement personnel or any other person; or
18                  (viii)  obstruct    an     ongoing     criminal
19             investigation.
20             (d)  Criminal  history record information maintained
21        by State or local criminal justice agencies,  except  the
22        following  which  shall be open for public inspection and
23        copying:
24                  (i)  chronologically     maintained      arrest
25             information,  such  as  traditional  arrest  logs or
26             blotters;
27                  (ii)  the name of a person in the custody of  a
28             law  enforcement  agency  and  the charges for which
29             that person is being held;
30                  (iii)  court records that are public;
31                  (iv)  records  that  are  otherwise   available
32             under State or local law; or
33                  (v)  records  in  which the requesting party is
34             the individual identified, except as provided  under
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 1             part  (vii)  of  paragraph  (c) of subsection (1) of
 2             this Section.
 3             "Criminal history  record  information"  means  data
 4        identifiable   to   an   individual   and  consisting  of
 5        descriptions  or  notations   of   arrests,   detentions,
 6        indictments, informations, pre-trial proceedings, trials,
 7        or  other formal events in the criminal justice system or
 8        descriptions or notations of criminal charges  (including
 9        criminal  violations  of  local municipal ordinances) and
10        the  nature  of  any   disposition   arising   therefrom,
11        including  sentencing, court or correctional supervision,
12        rehabilitation and release.  The term does not  apply  to
13        statistical  records and reports in which individuals are
14        not identified and from which their  identities  are  not
15        ascertainable,  or  to  information  that is for criminal
16        investigative or intelligence purposes.
17             (e)  Records that relate to or affect  the  security
18        of correctional institutions and detention facilities.
19             (f)  Preliminary   drafts,  notes,  recommendations,
20        memoranda  and  other  records  in  which  opinions   are
21        expressed,  or policies or actions are formulated, except
22        that a specific record or relevant portion  of  a  record
23        shall not be exempt when the record is publicly cited and
24        identified  by the head of the public body. The exemption
25        provided in this  paragraph  (f)  extends  to  all  those
26        records  of officers and agencies of the General Assembly
27        that pertain to the preparation of legislative documents.
28             (g)  Trade  secrets  and  commercial  or   financial
29        information  obtained from a person or business where the
30        trade secrets or information are proprietary,  privileged
31        or confidential, or where disclosure of the trade secrets
32        or  information may cause competitive harm, including all
33        information determined to be confidential  under  Section
34        4002  of  the Technology Advancement and Development Act.
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 1        Nothing  contained  in  this  paragraph  (g)   shall   be
 2        construed to prevent a person or business from consenting
 3        to disclosure.
 4             (h)  Proposals  and bids for any contract, grant, or
 5        agreement,  including  information  which  if   it   were
 6        disclosed   would   frustrate   procurement  or  give  an
 7        advantage  to  any  person  proposing  to  enter  into  a
 8        contractor agreement with the body,  until  an  award  or
 9        final  selection is made.  Information prepared by or for
10        the body in preparation of a bid  solicitation  shall  be
11        exempt until an award or final selection is made.
12             (i)  Valuable   formulae,   designs,   drawings  and
13        research data obtained or produced  by  any  public  body
14        when  disclosure  could reasonably be expected to produce
15        private gain or public loss.
16             (j)  Test  questions,   scoring   keys   and   other
17        examination   data   used   to   administer  an  academic
18        examination  or  determined  the  qualifications  of   an
19        applicant for a license or employment.
20             (k)  Architects'   plans  and  engineers'  technical
21        submissions for projects not constructed or developed  in
22        whole  or  in  part  with  public  funds and for projects
23        constructed or developed with public funds, to the extent
24        that disclosure would compromise security.
25             (l)  Library   circulation   and    order    records
26        identifying library users with specific materials.
27             (m)  Minutes  of meetings of public bodies closed to
28        the public as provided in the Open Meetings Act until the
29        public body makes the minutes  available  to  the  public
30        under Section 2.06 of the Open Meetings Act.
31             (n)  Communications  between  a  public  body and an
32        attorney or auditor representing  the  public  body  that
33        would  not  be  subject  to  discovery in litigation, and
34        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             (o)  Information received by a primary or  secondary
 6        school,  college  or  university under its procedures for
 7        the evaluation  of  faculty  members  by  their  academic
 8        peers.
 9             (p)  Administrative    or    technical   information
10        associated with  automated  data  processing  operations,
11        including   but   not   limited  to  software,  operating
12        protocols,  computer  program  abstracts,  file  layouts,
13        source  listings,  object  modules,  load  modules,  user
14        guides,  documentation  pertaining  to  all  logical  and
15        physical  design  of   computerized   systems,   employee
16        manuals,  and  any  other information that, if disclosed,
17        would jeopardize the security of the system or  its  data
18        or the security of materials exempt under this Section.
19             (q)  Documents  or  materials relating to collective
20        negotiating  matters  between  public  bodies  and  their
21        employees  or  representatives,  except  that  any  final
22        contract or agreement shall be subject to inspection  and
23        copying.
24             (r)  Drafts,  notes,  recommendations  and memoranda
25        pertaining to the financing and marketing transactions of
26        the public body. The records of ownership,  registration,
27        transfer, and exchange of municipal debt obligations, and
28        of   persons  to  whom  payment  with  respect  to  these
29        obligations is made.
30             (s)  The records, documents and information relating
31        to  real  estate  purchase   negotiations   until   those
32        negotiations have been completed or otherwise terminated.
33        With regard to a parcel involved in a pending or actually
34        and  reasonably  contemplated  eminent  domain proceeding
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 1        under  Article  VII  of  the  Code  of  Civil  Procedure,
 2        records,  documents  and  information  relating  to  that
 3        parcel shall be exempt except as  may  be  allowed  under
 4        discovery  rules  adopted  by the Illinois Supreme Court.
 5        The records, documents and information relating to a real
 6        estate sale shall be exempt until a sale is consummated.
 7             (t)  Any and all proprietary information and records
 8        related to the operation  of  an  intergovernmental  risk
 9        management  association or self-insurance pool or jointly
10        self-administered  health  and  accident  cooperative  or
11        pool.
12             (u)  Information    concerning    a     university's
13        adjudication   of   student   or  employee  grievance  or
14        disciplinary cases, to the extent that  disclosure  would
15        reveal  the  identity  of  the  student  or  employee and
16        information concerning any public body's adjudication  of
17        student  or  employee  grievances  or disciplinary cases,
18        except for the final outcome of the cases.
19             (v)  Course materials or research materials used  by
20        faculty members.
21             (w)  Information  related  solely  to  the  internal
22        personnel rules and practices of a public body.
23             (x)  Information   contained   in   or   related  to
24        examination, operating, or condition reports prepared by,
25        on behalf of, or for the use of a public body responsible
26        for  the   regulation   or   supervision   of   financial
27        institutions or insurance companies, unless disclosure is
28        otherwise required by State law.
29             (y)  Information   the   disclosure   of   which  is
30        restricted under Section 5-108 of  the  Public  Utilities
31        Act.
32             (z)  Manuals  or instruction to staff that relate to
33        establishment or collection of liability  for  any  State
34        tax  or that relate to investigations by a public body to
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 1        determine violation of any criminal law.
 2             (aa)  Applications, related documents,  and  medical
 3        records    received    by    the    Experimental    Organ
 4        Transplantation   Procedures   Board   and  any  and  all
 5        documents or other records prepared by  the  Experimental
 6        Organ  Transplantation  Procedures  Board  or  its  staff
 7        relating to applications it has received.
 8             (bb)  Insurance  or  self  insurance  (including any
 9        intergovernmental risk  management  association  or  self
10        insurance   pool)   claims,   loss   or  risk  management
11        information, records, data, advice or communications.
12             (cc)  Information and records held by the Department
13        of  Public  Health  and  its  authorized  representatives
14        relating  to  known  or  suspected  cases   of   sexually
15        transmissible  disease  or any information the disclosure
16        of  which  is  restricted  under  the  Illinois  Sexually
17        Transmissible Disease Control Act.
18             (dd)  Information  the  disclosure   of   which   is
19        exempted under Section 7 of the Radon Mitigation Act.
20             (ee)  Firm  performance evaluations under Section 55
21        of the Architectural,  Engineering,  and  Land  Surveying
22        Qualifications Based Selection Act.
23        (2)  This  Section  does  not  authorize  withholding  of
24    information  or  limit  the  availability  of  records to the
25    public,  except  as  stated  in  this  Section  or  otherwise
26    provided in this Act.
27    (Source: P.A. 87-241; 87-673; 87-895; 88-444.)
28        Section 99.  Effective date.  This Act takes effect  upon
29    becoming law.

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