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Public Act 096-0558 |
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Freedom of Information Act is amended by | ||||
changing Section 7 as follows: | ||||
(5 ILCS 140/7) (from Ch. 116, par. 207) | ||||
(Text of Section before amendment by P.A. 95-988 ) | ||||
Sec. 7. Exemptions.
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(1) The following shall be exempt from inspection and | ||||
copying:
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(a) Information specifically prohibited from | ||||
disclosure by federal or
State law or rules and regulations | ||||
adopted under federal or State law.
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(b) Information that, if disclosed, would constitute a | ||||
clearly
unwarranted invasion of personal privacy, unless | ||||
the disclosure is
consented to in writing by the individual | ||||
subjects of the information. The
disclosure of information | ||||
that bears on the public duties of public
employees and | ||||
officials shall not be considered an invasion of personal
| ||||
privacy. Information exempted under this subsection (b) | ||||
shall include but
is not limited to:
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(i) files and personal information maintained with | ||||
respect to
clients, patients, residents, students or |
other individuals receiving
social, medical, | ||
educational, vocational, financial, supervisory or
| ||
custodial care or services directly or indirectly from | ||
federal agencies
or public bodies;
| ||
(ii) personnel files and personal information | ||
maintained with
respect to employees, appointees or | ||
elected officials of any public body or
applicants for | ||
those positions;
| ||
(iii) files and personal information maintained | ||
with respect to any
applicant, registrant or licensee | ||
by any public body cooperating with or
engaged in | ||
professional or occupational registration, licensure | ||
or discipline;
| ||
(iv) information required of any taxpayer in | ||
connection with the
assessment or collection of any tax | ||
unless disclosure is otherwise required
by State | ||
statute;
| ||
(v) information revealing the identity of persons | ||
who file complaints
with or provide information to | ||
administrative, investigative, law enforcement
or | ||
penal agencies; provided, however, that identification | ||
of witnesses to
traffic accidents, traffic accident | ||
reports, and rescue reports may be provided
by agencies | ||
of local government, except in a case for which a | ||
criminal
investigation is ongoing, without | ||
constituting a clearly unwarranted per se
invasion of |
personal privacy under this subsection; and
| ||
(vi) the names, addresses, or other personal | ||
information of
participants and registrants in park | ||
district, forest preserve district, and
conservation | ||
district programs.
| ||
(b-5) Files, documents, and other data or databases | ||
maintained by one or more law enforcement agencies and | ||
specifically designed to provide information to one or more | ||
law enforcement agencies regarding the physical or mental | ||
status of one or more individual subjects. | ||
(c) Records compiled by any public body for | ||
administrative enforcement
proceedings and any law | ||
enforcement or correctional agency for
law enforcement | ||
purposes or for internal matters of a public body,
but only | ||
to the extent that disclosure would:
| ||
(i) interfere with pending or actually and | ||
reasonably contemplated
law enforcement proceedings | ||
conducted by any law enforcement or correctional
| ||
agency;
| ||
(ii) interfere with pending administrative | ||
enforcement proceedings
conducted by any public body;
| ||
(iii) deprive a person of a fair trial or an | ||
impartial hearing;
| ||
(iv) unavoidably disclose the identity of a | ||
confidential source or
confidential information | ||
furnished only by the confidential source;
|
(v) disclose unique or specialized investigative | ||
techniques other than
those generally used and known or | ||
disclose internal documents of
correctional agencies | ||
related to detection, observation or investigation of
| ||
incidents of crime or misconduct;
| ||
(vi) constitute an invasion of personal privacy | ||
under subsection (b) of
this Section;
| ||
(vii) endanger the life or physical safety of law | ||
enforcement personnel
or any other person; or
| ||
(viii) obstruct an ongoing criminal investigation.
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(d) Criminal history record information maintained by | ||
State or local
criminal justice agencies, except the | ||
following which shall be open for
public inspection and | ||
copying:
| ||
(i) chronologically maintained arrest information, | ||
such as traditional
arrest logs or blotters;
| ||
(ii) the name of a person in the custody of a law | ||
enforcement agency and
the charges for which that | ||
person is being held;
| ||
(iii) court records that are public;
| ||
(iv) records that are otherwise available under | ||
State or local law; or
| ||
(v) records in which the requesting party is the | ||
individual
identified, except as provided under part | ||
(vii) of
paragraph (c) of subsection (1) of this | ||
Section.
|
"Criminal history record information" means data | ||
identifiable to an
individual and consisting of | ||
descriptions or notations of arrests,
detentions, | ||
indictments, informations, pre-trial proceedings, trials, | ||
or
other formal events in the criminal justice system or | ||
descriptions or
notations of criminal charges (including | ||
criminal violations of local
municipal ordinances) and the | ||
nature of any disposition arising therefrom,
including | ||
sentencing, court or correctional supervision, | ||
rehabilitation and
release. The term does not apply to | ||
statistical records and reports in
which individuals are | ||
not identified and from which
their identities are not | ||
ascertainable, or to information that is for
criminal | ||
investigative or intelligence purposes.
| ||
(e) Records that relate to or affect the security of | ||
correctional
institutions and detention facilities.
| ||
(f) Preliminary drafts, notes, recommendations, | ||
memoranda and other
records in which opinions are | ||
expressed, or policies or actions are
formulated, except | ||
that a specific record or relevant portion of a
record | ||
shall not be exempt when the record is publicly cited
and | ||
identified by the head of the public body. The exemption | ||
provided in
this paragraph (f) extends to all those records | ||
of officers and agencies
of the General Assembly that | ||
pertain to the preparation of legislative
documents.
| ||
(g) Trade secrets and commercial or financial |
information obtained from
a person or business where the | ||
trade secrets or information are
proprietary, privileged | ||
or confidential, or where disclosure of the trade
secrets | ||
or information may cause competitive harm, including: | ||
(i) All
information determined to be confidential | ||
under Section 4002 of the
Technology Advancement and | ||
Development Act. | ||
(ii) All trade secrets and commercial or financial | ||
information obtained by a public body, including a | ||
public pension fund, from a private equity fund or a | ||
privately held company within the investment portfolio | ||
of a private equity fund as a result of either | ||
investing or evaluating a potential investment of | ||
public funds in a private equity fund. The exemption | ||
contained in this item does not apply to the aggregate | ||
financial performance information of a private equity | ||
fund, nor to the identity of the fund's managers or | ||
general partners. The exemption contained in this item | ||
does not apply to the identity of a privately held | ||
company within the investment portfolio of a private | ||
equity fund, unless the disclosure of the identity of a | ||
privately held company may cause competitive harm.
| ||
Nothing contained in this
paragraph (g) shall be construed | ||
to prevent a person or business from
consenting to disclosure.
| ||
(h) Proposals and bids for any contract, grant, or | ||
agreement, including
information which if it were |
disclosed would frustrate procurement or give
an advantage | ||
to any person proposing to enter into a contractor | ||
agreement
with the body, until an award or final selection | ||
is made. Information
prepared by or for the body in | ||
preparation of a bid solicitation shall be
exempt until an | ||
award or final selection is made.
| ||
(i) Valuable formulae,
computer geographic systems,
| ||
designs, drawings and research data obtained or
produced by | ||
any public body when disclosure could reasonably be | ||
expected to
produce private gain or public loss.
The | ||
exemption for "computer geographic systems" provided in | ||
this paragraph
(i) does not extend to requests made by news | ||
media as defined in Section 2 of
this Act when the | ||
requested information is not otherwise exempt and the only
| ||
purpose of the request is to access and disseminate | ||
information regarding the
health, safety, welfare, or | ||
legal rights of the general public.
| ||
(j) Test questions, scoring keys and other examination | ||
data used to
administer an academic examination or | ||
determined the qualifications of an
applicant for a license | ||
or employment.
| ||
(k) Architects' plans, engineers' technical | ||
submissions, and
other
construction related technical | ||
documents for
projects not constructed or developed in | ||
whole or in part with public funds
and the same for | ||
projects constructed or developed with public funds, but
|
only to the extent
that disclosure would compromise | ||
security, including but not limited to water
treatment | ||
facilities, airport facilities, sport stadiums, convention | ||
centers,
and all government owned, operated, or occupied | ||
buildings.
| ||
(l) Library circulation and order records identifying | ||
library users with
specific materials.
| ||
(m) Minutes of meetings of public bodies closed to the
| ||
public as provided in the Open Meetings Act until the | ||
public body
makes the minutes available to the public under | ||
Section 2.06 of the Open
Meetings Act.
| ||
(n) Communications between a public body and an | ||
attorney or auditor
representing the public body that would | ||
not be subject to discovery in
litigation, and materials | ||
prepared or compiled by or for a public body in
| ||
anticipation of a criminal, civil or administrative | ||
proceeding upon the
request of an attorney advising the | ||
public body, and materials prepared or
compiled with | ||
respect to internal audits of public bodies.
| ||
(o) Information received by a primary or secondary | ||
school, college or
university under its procedures for the | ||
evaluation of faculty members by
their academic peers.
| ||
(p) Administrative or technical information associated | ||
with automated
data processing operations, including but | ||
not limited to software,
operating protocols, computer | ||
program abstracts, file layouts, source
listings, object |
modules, load modules, user guides, documentation
| ||
pertaining to all logical and physical design of | ||
computerized systems,
employee manuals, and any other | ||
information that, if disclosed, would
jeopardize the | ||
security of the system or its data or the security of
| ||
materials exempt under this Section.
| ||
(q) Documents or materials relating to collective | ||
negotiating matters
between public bodies and their | ||
employees or representatives, except that
any final | ||
contract or agreement shall be subject to inspection and | ||
copying.
| ||
(r) Drafts, notes, recommendations and memoranda | ||
pertaining to the
financing and marketing transactions of | ||
the public body. The records of
ownership, registration, | ||
transfer, and exchange of municipal debt
obligations, and | ||
of persons to whom payment with respect to these | ||
obligations
is made.
| ||
(s) The records, documents and information relating to | ||
real estate
purchase negotiations until those negotiations | ||
have been completed or
otherwise terminated. With regard to | ||
a parcel involved in a pending or
actually and reasonably | ||
contemplated eminent domain proceeding under the Eminent | ||
Domain Act, records, documents and
information relating to | ||
that parcel shall be exempt except as may be
allowed under | ||
discovery rules adopted by the Illinois Supreme Court. The
| ||
records, documents and information relating to a real |
estate sale shall be
exempt until a sale is consummated.
| ||
(t) Any and all proprietary information and records | ||
related to the
operation of an intergovernmental risk | ||
management association or
self-insurance pool or jointly | ||
self-administered health and accident
cooperative or pool.
| ||
(u) Information concerning a university's adjudication | ||
of student or
employee grievance or disciplinary cases, to | ||
the extent that disclosure
would reveal the identity of the | ||
student or employee and information
concerning any public | ||
body's adjudication of student or employee grievances
or | ||
disciplinary cases, except for the final outcome of the | ||
cases.
| ||
(v) Course materials or research materials used by | ||
faculty members.
| ||
(w) Information related solely to the internal | ||
personnel rules and
practices of a public body.
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(x) Information contained in or related to | ||
examination, operating, or
condition reports prepared by, | ||
on behalf of, or for the use of a public
body responsible | ||
for the regulation or supervision of financial
| ||
institutions or insurance companies, unless disclosure is | ||
otherwise
required by State law.
| ||
(y) Information the disclosure of which is restricted | ||
under Section
5-108 of the Public Utilities Act.
| ||
(z) Manuals or instruction to staff that relate to | ||
establishment or
collection of liability for any State tax |
or that relate to investigations
by a public body to | ||
determine violation of any criminal law.
| ||
(aa) Applications, related documents, and medical | ||
records received by
the Experimental Organ Transplantation | ||
Procedures Board and any and all
documents or other records | ||
prepared by the Experimental Organ
Transplantation | ||
Procedures Board or its staff relating to applications
it | ||
has received.
| ||
(bb) Insurance or self insurance (including any | ||
intergovernmental risk
management association or self | ||
insurance pool) claims, loss or risk
management | ||
information, records, data, advice or communications.
| ||
(cc) Information and records held by the Department of | ||
Public Health and
its authorized representatives relating | ||
to known or suspected cases of
sexually transmissible | ||
disease or any information the disclosure of which
is | ||
restricted under the Illinois Sexually Transmissible | ||
Disease Control Act.
| ||
(dd) Information the disclosure of which is exempted | ||
under Section 30
of the Radon Industry Licensing Act.
| ||
(ee) Firm performance evaluations under Section 55 of | ||
the
Architectural, Engineering, and Land Surveying | ||
Qualifications Based
Selection Act.
| ||
(ff) Security portions of system safety program plans, | ||
investigation
reports, surveys, schedules, lists, data, or | ||
information compiled, collected,
or prepared by or for the |
Regional Transportation Authority under Section 2.11
of | ||
the Regional Transportation Authority Act or the St. Clair | ||
County Transit
District under the
Bi-State Transit Safety | ||
Act.
| ||
(gg) Information the disclosure of which is restricted | ||
and
exempted under Section 50 of the Illinois Prepaid | ||
Tuition Act.
| ||
(hh) Information the disclosure of which is
exempted | ||
under the State Officials and Employees Ethics Act.
| ||
(ii) Beginning July 1, 1999, information that would | ||
disclose
or might lead to the disclosure of
secret or | ||
confidential information, codes, algorithms, programs, or | ||
private
keys intended to be used to create electronic or | ||
digital signatures under the
Electronic Commerce Security | ||
Act.
| ||
(jj) Information contained in a local emergency energy | ||
plan submitted to
a municipality in accordance with a local | ||
emergency energy plan ordinance that
is adopted under | ||
Section 11-21.5-5 of the Illinois Municipal Code.
| ||
(kk) Information and data concerning the distribution | ||
of
surcharge moneys collected and remitted by wireless | ||
carriers under the Wireless
Emergency Telephone Safety | ||
Act.
| ||
(ll) Vulnerability assessments, security measures, and | ||
response policies
or plans that are designed to identify, | ||
prevent, or respond to potential
attacks upon a community's |
population or systems, facilities, or installations,
the | ||
destruction or contamination of which would constitute a | ||
clear and present
danger to the health or safety of the | ||
community, but only to the extent that
disclosure could | ||
reasonably be expected to jeopardize the effectiveness of | ||
the
measures or the safety of the personnel who implement | ||
them or the public.
Information exempt under this item may | ||
include such things as details
pertaining to the | ||
mobilization or deployment of personnel or equipment, to | ||
the
operation of communication systems or protocols, or to | ||
tactical operations.
| ||
(mm) Maps and other records regarding the location or | ||
security of generation, transmission, distribution, | ||
storage, gathering,
treatment, or switching facilities | ||
owned by a utility or by the Illinois Power Agency.
| ||
(nn) Law enforcement officer identification | ||
information or
driver
identification
information compiled | ||
by a law enforcement agency or the Department of
| ||
Transportation
under Section 11-212 of the Illinois | ||
Vehicle Code.
| ||
(oo) Records and information provided to a residential
| ||
health care
facility resident sexual assault
and death | ||
review team or the Executive Council under the Abuse | ||
Prevention Review Team Act.
| ||
(pp) Information provided to the predatory lending | ||
database created pursuant to Article 3 of the Residential |
Real Property Disclosure Act, except to the extent | ||
authorized under that Article.
| ||
(qq) Defense budgets and petitions for certification | ||
of compensation and expenses for court appointed trial | ||
counsel as provided under Sections 10 and 15 of the Capital | ||
Crimes Litigation Act. This subsection (qq) shall apply | ||
until the conclusion of the trial of the case, even if the | ||
prosecution chooses not to pursue the death penalty prior | ||
to trial or sentencing.
| ||
(rr) Information contained in or related to proposals, | ||
bids, or negotiations related to electric power | ||
procurement under Section 1-75 of the Illinois Power Agency | ||
Act and Section 16-111.5 of the Public Utilities Act that | ||
is determined to be confidential and proprietary by the | ||
Illinois Power Agency or by the Illinois Commerce | ||
Commission.
| ||
(ss) Information that is prohibited from being | ||
disclosed under Section 4 of the Illinois Health and | ||
Hazardous Substances Registry Act. | ||
(2) This Section does not authorize withholding of | ||
information or limit the
availability of records to the public, | ||
except as stated in this Section or
otherwise provided in this | ||
Act.
| ||
(Source: P.A. 94-280, eff. 1-1-06; 94-508, eff. 1-1-06; 94-664, | ||
eff. 1-1-06; 94-931, eff. 6-26-06; 94-953, eff. 6-27-06; | ||
94-1055, eff. 1-1-07; 95-331, eff. 8-21-07; 95-481, eff. |
8-28-07; 95-941, eff. 8-29-08.)
| ||
(Text of Section after amendment by P.A. 95-988 ) | ||
Sec. 7. Exemptions.
| ||
(1) The following shall be exempt from inspection and | ||
copying:
| ||
(a) Information specifically prohibited from | ||
disclosure by federal or
State law or rules and regulations | ||
adopted under federal or State law.
| ||
(b) Information that, if disclosed, would constitute a | ||
clearly
unwarranted invasion of personal privacy, unless | ||
the disclosure is
consented to in writing by the individual | ||
subjects of the information. The
disclosure of information | ||
that bears on the public duties of public
employees and | ||
officials shall not be considered an invasion of personal
| ||
privacy. Information exempted under this subsection (b) | ||
shall include but
is not limited to:
| ||
(i) files and personal information maintained with | ||
respect to
clients, patients, residents, students or | ||
other individuals receiving
social, medical, | ||
educational, vocational, financial, supervisory or
| ||
custodial care or services directly or indirectly from | ||
federal agencies
or public bodies;
| ||
(ii) personnel files and personal information | ||
maintained with
respect to employees, appointees or | ||
elected officials of any public body or
applicants for |
those positions;
| ||
(iii) files and personal information maintained | ||
with respect to any
applicant, registrant or licensee | ||
by any public body cooperating with or
engaged in | ||
professional or occupational registration, licensure | ||
or discipline;
| ||
(iv) information required of any taxpayer in | ||
connection with the
assessment or collection of any tax | ||
unless disclosure is otherwise required
by State | ||
statute;
| ||
(v) information revealing the identity of persons | ||
who file complaints
with or provide information to | ||
administrative, investigative, law enforcement
or | ||
penal agencies; provided, however, that identification | ||
of witnesses to
traffic accidents, traffic accident | ||
reports, and rescue reports may be provided
by agencies | ||
of local government, except in a case for which a | ||
criminal
investigation is ongoing, without | ||
constituting a clearly unwarranted per se
invasion of | ||
personal privacy under this subsection;
| ||
(vi) the names, addresses, or other personal | ||
information of
participants and registrants in park | ||
district, forest preserve district, and
conservation | ||
district programs; and
| ||
(vii) the Notarial Record or other medium | ||
containing the thumbprint or fingerprint required by |
Section 3-102(c)(6) of the Illinois Notary Public Act. | ||
(b-5) Files, documents, and other data or databases | ||
maintained by one or more law enforcement agencies and | ||
specifically designed to provide information to one or more | ||
law enforcement agencies regarding the physical or mental | ||
status of one or more individual subjects. | ||
(c) Records compiled by any public body for | ||
administrative enforcement
proceedings and any law | ||
enforcement or correctional agency for
law enforcement | ||
purposes or for internal matters of a public body,
but only | ||
to the extent that disclosure would:
| ||
(i) interfere with pending or actually and | ||
reasonably contemplated
law enforcement proceedings | ||
conducted by any law enforcement or correctional
| ||
agency;
| ||
(ii) interfere with pending administrative | ||
enforcement proceedings
conducted by any public body;
| ||
(iii) deprive a person of a fair trial or an | ||
impartial hearing;
| ||
(iv) unavoidably disclose the identity of a | ||
confidential source or
confidential information | ||
furnished only by the confidential source;
| ||
(v) disclose unique or specialized investigative | ||
techniques other than
those generally used and known or | ||
disclose internal documents of
correctional agencies | ||
related to detection, observation or investigation of
|
incidents of crime or misconduct;
| ||
(vi) constitute an invasion of personal privacy | ||
under subsection (b) of
this Section;
| ||
(vii) endanger the life or physical safety of law | ||
enforcement personnel
or any other person; or
| ||
(viii) obstruct an ongoing criminal investigation.
| ||
(d) Criminal history record information maintained by | ||
State or local
criminal justice agencies, except the | ||
following which shall be open for
public inspection and | ||
copying:
| ||
(i) chronologically maintained arrest information, | ||
such as traditional
arrest logs or blotters;
| ||
(ii) the name of a person in the custody of a law | ||
enforcement agency and
the charges for which that | ||
person is being held;
| ||
(iii) court records that are public;
| ||
(iv) records that are otherwise available under | ||
State or local law; or
| ||
(v) records in which the requesting party is the | ||
individual
identified, except as provided under part | ||
(vii) of
paragraph (c) of subsection (1) of this | ||
Section.
| ||
"Criminal history record information" means data | ||
identifiable to an
individual and consisting of | ||
descriptions or notations of arrests,
detentions, | ||
indictments, informations, pre-trial proceedings, trials, |
or
other formal events in the criminal justice system or | ||
descriptions or
notations of criminal charges (including | ||
criminal violations of local
municipal ordinances) and the | ||
nature of any disposition arising therefrom,
including | ||
sentencing, court or correctional supervision, | ||
rehabilitation and
release. The term does not apply to | ||
statistical records and reports in
which individuals are | ||
not identified and from which
their identities are not | ||
ascertainable, or to information that is for
criminal | ||
investigative or intelligence purposes.
| ||
(e) Records that relate to or affect the security of | ||
correctional
institutions and detention facilities.
| ||
(f) Preliminary drafts, notes, recommendations, | ||
memoranda and other
records in which opinions are | ||
expressed, or policies or actions are
formulated, except | ||
that a specific record or relevant portion of a
record | ||
shall not be exempt when the record is publicly cited
and | ||
identified by the head of the public body. The exemption | ||
provided in
this paragraph (f) extends to all those records | ||
of officers and agencies
of the General Assembly that | ||
pertain to the preparation of legislative
documents.
| ||
(g) Trade secrets and commercial or financial | ||
information obtained from
a person or business where the | ||
trade secrets or information are
proprietary, privileged | ||
or confidential, or where disclosure of the trade
secrets | ||
or information may cause competitive harm, including: |
(i) All
information determined to be confidential | ||
under Section 4002 of the
Technology Advancement and | ||
Development Act. | ||
(ii) All trade secrets and commercial or financial | ||
information obtained by a public body, including a | ||
public pension fund, from a private equity fund or a | ||
privately held company within the investment portfolio | ||
of a private equity fund as a result of either | ||
investing or evaluating a potential investment of | ||
public funds in a private equity fund. The exemption | ||
contained in this item does not apply to the aggregate | ||
financial performance information of a private equity | ||
fund, nor to the identity of the fund's managers or | ||
general partners. The exemption contained in this item | ||
does not apply to the identity of a privately held | ||
company within the investment portfolio of a private | ||
equity fund, unless the disclosure of the identity of a | ||
privately held company may cause competitive harm.
| ||
Nothing contained in this
paragraph (g) shall be construed | ||
to prevent a person or business from
consenting to disclosure.
| ||
(h) Proposals and bids for any contract, grant, or | ||
agreement, including
information which if it were | ||
disclosed would frustrate procurement or give
an advantage | ||
to any person proposing to enter into a contractor | ||
agreement
with the body, until an award or final selection | ||
is made. Information
prepared by or for the body in |
preparation of a bid solicitation shall be
exempt until an | ||
award or final selection is made.
| ||
(i) Valuable formulae,
computer geographic systems,
| ||
designs, drawings and research data obtained or
produced by | ||
any public body when disclosure could reasonably be | ||
expected to
produce private gain or public loss.
The | ||
exemption for "computer geographic systems" provided in | ||
this paragraph
(i) does not extend to requests made by news | ||
media as defined in Section 2 of
this Act when the | ||
requested information is not otherwise exempt and the only
| ||
purpose of the request is to access and disseminate | ||
information regarding the
health, safety, welfare, or | ||
legal rights of the general public.
| ||
(j) Test questions, scoring keys and other examination | ||
data used to
administer an academic examination or | ||
determined the qualifications of an
applicant for a license | ||
or employment.
| ||
(k) Architects' plans, engineers' technical | ||
submissions, and
other
construction related technical | ||
documents for
projects not constructed or developed in | ||
whole or in part with public funds
and the same for | ||
projects constructed or developed with public funds, but
| ||
only to the extent
that disclosure would compromise | ||
security, including but not limited to water
treatment | ||
facilities, airport facilities, sport stadiums, convention | ||
centers,
and all government owned, operated, or occupied |
buildings.
| ||
(l) Library circulation and order records identifying | ||
library users with
specific materials.
| ||
(m) Minutes of meetings of public bodies closed to the
| ||
public as provided in the Open Meetings Act until the | ||
public body
makes the minutes available to the public under | ||
Section 2.06 of the Open
Meetings Act.
| ||
(n) Communications between a public body and an | ||
attorney or auditor
representing the public body that would | ||
not be subject to discovery in
litigation, and materials | ||
prepared or compiled by or for a public body in
| ||
anticipation of a criminal, civil or administrative | ||
proceeding upon the
request of an attorney advising the | ||
public body, and materials prepared or
compiled with | ||
respect to internal audits of public bodies.
| ||
(o) Information received by a primary or secondary | ||
school, college or
university under its procedures for the | ||
evaluation of faculty members by
their academic peers.
| ||
(p) Administrative or technical information associated | ||
with automated
data processing operations, including but | ||
not limited to software,
operating protocols, computer | ||
program abstracts, file layouts, source
listings, object | ||
modules, load modules, user guides, documentation
| ||
pertaining to all logical and physical design of | ||
computerized systems,
employee manuals, and any other | ||
information that, if disclosed, would
jeopardize the |
security of the system or its data or the security of
| ||
materials exempt under this Section.
| ||
(q) Documents or materials relating to collective | ||
negotiating matters
between public bodies and their | ||
employees or representatives, except that
any final | ||
contract or agreement shall be subject to inspection and | ||
copying.
| ||
(r) Drafts, notes, recommendations and memoranda | ||
pertaining to the
financing and marketing transactions of | ||
the public body. The records of
ownership, registration, | ||
transfer, and exchange of municipal debt
obligations, and | ||
of persons to whom payment with respect to these | ||
obligations
is made.
| ||
(s) The records, documents and information relating to | ||
real estate
purchase negotiations until those negotiations | ||
have been completed or
otherwise terminated. With regard to | ||
a parcel involved in a pending or
actually and reasonably | ||
contemplated eminent domain proceeding under the Eminent | ||
Domain Act, records, documents and
information relating to | ||
that parcel shall be exempt except as may be
allowed under | ||
discovery rules adopted by the Illinois Supreme Court. The
| ||
records, documents and information relating to a real | ||
estate sale shall be
exempt until a sale is consummated.
| ||
(t) Any and all proprietary information and records | ||
related to the
operation of an intergovernmental risk | ||
management association or
self-insurance pool or jointly |
self-administered health and accident
cooperative or pool.
| ||
(u) Information concerning a university's adjudication | ||
of student or
employee grievance or disciplinary cases, to | ||
the extent that disclosure
would reveal the identity of the | ||
student or employee and information
concerning any public | ||
body's adjudication of student or employee grievances
or | ||
disciplinary cases, except for the final outcome of the | ||
cases.
| ||
(v) Course materials or research materials used by | ||
faculty members.
| ||
(w) Information related solely to the internal | ||
personnel rules and
practices of a public body.
| ||
(x) Information contained in or related to | ||
examination, operating, or
condition reports prepared by, | ||
on behalf of, or for the use of a public
body responsible | ||
for the regulation or supervision of financial
| ||
institutions or insurance companies, unless disclosure is | ||
otherwise
required by State law.
| ||
(y) Information the disclosure of which is restricted | ||
under Section
5-108 of the Public Utilities Act.
| ||
(z) Manuals or instruction to staff that relate to | ||
establishment or
collection of liability for any State tax | ||
or that relate to investigations
by a public body to | ||
determine violation of any criminal law.
| ||
(aa) Applications, related documents, and medical | ||
records received by
the Experimental Organ Transplantation |
Procedures Board and any and all
documents or other records | ||
prepared by the Experimental Organ
Transplantation | ||
Procedures Board or its staff relating to applications
it | ||
has received.
| ||
(bb) Insurance or self insurance (including any | ||
intergovernmental risk
management association or self | ||
insurance pool) claims, loss or risk
management | ||
information, records, data, advice or communications.
| ||
(cc) Information and records held by the Department of | ||
Public Health and
its authorized representatives relating | ||
to known or suspected cases of
sexually transmissible | ||
disease or any information the disclosure of which
is | ||
restricted under the Illinois Sexually Transmissible | ||
Disease Control Act.
| ||
(dd) Information the disclosure of which is exempted | ||
under Section 30
of the Radon Industry Licensing Act.
| ||
(ee) Firm performance evaluations under Section 55 of | ||
the
Architectural, Engineering, and Land Surveying | ||
Qualifications Based
Selection Act.
| ||
(ff) Security portions of system safety program plans, | ||
investigation
reports, surveys, schedules, lists, data, or | ||
information compiled, collected,
or prepared by or for the | ||
Regional Transportation Authority under Section 2.11
of | ||
the Regional Transportation Authority Act or the St. Clair | ||
County Transit
District under the
Bi-State Transit Safety | ||
Act.
|
(gg) Information the disclosure of which is restricted | ||
and
exempted under Section 50 of the Illinois Prepaid | ||
Tuition Act.
| ||
(hh) Information the disclosure of which is
exempted | ||
under the State Officials and Employees Ethics Act.
| ||
(ii) Beginning July 1, 1999, information that would | ||
disclose
or might lead to the disclosure of
secret or | ||
confidential information, codes, algorithms, programs, or | ||
private
keys intended to be used to create electronic or | ||
digital signatures under the
Electronic Commerce Security | ||
Act.
| ||
(jj) Information contained in a local emergency energy | ||
plan submitted to
a municipality in accordance with a local | ||
emergency energy plan ordinance that
is adopted under | ||
Section 11-21.5-5 of the Illinois Municipal Code.
| ||
(kk) Information and data concerning the distribution | ||
of
surcharge moneys collected and remitted by wireless | ||
carriers under the Wireless
Emergency Telephone Safety | ||
Act.
| ||
(ll) Vulnerability assessments, security measures, and | ||
response policies
or plans that are designed to identify, | ||
prevent, or respond to potential
attacks upon a community's | ||
population or systems, facilities, or installations,
the | ||
destruction or contamination of which would constitute a | ||
clear and present
danger to the health or safety of the | ||
community, but only to the extent that
disclosure could |
reasonably be expected to jeopardize the effectiveness of | ||
the
measures or the safety of the personnel who implement | ||
them or the public.
Information exempt under this item may | ||
include such things as details
pertaining to the | ||
mobilization or deployment of personnel or equipment, to | ||
the
operation of communication systems or protocols, or to | ||
tactical operations.
| ||
(mm) Maps and other records regarding the location or | ||
security of generation, transmission, distribution, | ||
storage, gathering,
treatment, or switching facilities | ||
owned by a utility or by the Illinois Power Agency.
| ||
(nn) Law enforcement officer identification | ||
information or
driver
identification
information compiled | ||
by a law enforcement agency or the Department of
| ||
Transportation
under Section 11-212 of the Illinois | ||
Vehicle Code.
| ||
(oo) Records and information provided to a residential
| ||
health care
facility resident sexual assault
and death | ||
review team or the Executive Council under the Abuse | ||
Prevention Review Team Act.
| ||
(pp) Information provided to the predatory lending | ||
database created pursuant to Article 3 of the Residential | ||
Real Property Disclosure Act, except to the extent | ||
authorized under that Article.
| ||
(qq) Defense budgets and petitions for certification | ||
of compensation and expenses for court appointed trial |
counsel as provided under Sections 10 and 15 of the Capital | ||
Crimes Litigation Act. This subsection (qq) shall apply | ||
until the conclusion of the trial of the case, even if the | ||
prosecution chooses not to pursue the death penalty prior | ||
to trial or sentencing.
| ||
(rr) Information contained in or related to proposals, | ||
bids, or negotiations related to electric power | ||
procurement under Section 1-75 of the Illinois Power Agency | ||
Act and Section 16-111.5 of the Public Utilities Act that | ||
is determined to be confidential and proprietary by the | ||
Illinois Power Agency or by the Illinois Commerce | ||
Commission.
| ||
(ss) Information that is prohibited from being | ||
disclosed under Section 4 of the Illinois Health and | ||
Hazardous Substances Registry Act. | ||
(2) This Section does not authorize withholding of | ||
information or limit the
availability of records to the public, | ||
except as stated in this Section or
otherwise provided in this | ||
Act.
| ||
(Source: P.A. 94-280, eff. 1-1-06; 94-508, eff. 1-1-06; 94-664, | ||
eff. 1-1-06; 94-931, eff. 6-26-06; 94-953, eff. 6-27-06; | ||
94-1055, eff. 1-1-07; 95-331, eff. 8-21-07; 95-481, eff. | ||
8-28-07; 95-941, eff. 8-29-08; 95-988, eff. 6-1-09; revised | ||
10-20-08.)
| ||
Section 95. No acceleration or delay. Where this Act makes |
changes in a statute that is represented in this Act by text | ||
that is not yet or no longer in effect (for example, a Section | ||
represented by multiple versions), the use of that text does | ||
not accelerate or delay the taking effect of (i) the changes | ||
made by this Act or (ii) provisions derived from any other | ||
Public Act.
|