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Public Act 101-0434 | ||||
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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) | ||||
Sec. 7. Exemptions.
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(1) When a request is made to inspect or copy a public | ||||
record that contains information that is exempt from disclosure | ||||
under this Section, but also contains information that is not | ||||
exempt from disclosure, the public body may elect to redact the | ||||
information that is exempt. The public body shall make the | ||||
remaining information available for inspection and copying. | ||||
Subject to this requirement, 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 | ||||
implementing federal or State law.
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(b) Private information, unless disclosure is required | ||||
by another provision of this Act, a State or federal law or | ||||
a court order. | ||||
(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) Personal information contained within public | ||
records, the disclosure of which would constitute a clearly
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unwarranted invasion of personal privacy, unless the | ||
disclosure is
consented to in writing by the individual | ||
subjects of the information. "Unwarranted invasion of | ||
personal privacy" means the disclosure of information that | ||
is highly personal or objectionable to a reasonable person | ||
and in which the subject's right to privacy outweighs any | ||
legitimate public interest in obtaining 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.
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(d) Records in the possession of any public body | ||
created in the course of administrative enforcement
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proceedings, and any law enforcement or correctional | ||
agency for
law enforcement purposes,
but only to the extent | ||
that disclosure would:
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(i) interfere with pending or actually and | ||
reasonably contemplated
law enforcement proceedings | ||
conducted by any law enforcement or correctional
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agency that is the recipient of the request;
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(ii) interfere with active administrative | ||
enforcement proceedings
conducted by the public body |
that is the recipient of the request;
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(iii) create a substantial likelihood that a | ||
person will be deprived of a fair trial or an impartial | ||
hearing;
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(iv) unavoidably disclose the identity of a | ||
confidential source, confidential information | ||
furnished only by the confidential source, or persons | ||
who file complaints with or provide information to | ||
administrative, investigative, law enforcement, or | ||
penal agencies; except that the identities of | ||
witnesses to traffic accidents, traffic accident | ||
reports, and rescue reports shall be provided by | ||
agencies of local government, except when disclosure | ||
would interfere with an active criminal investigation | ||
conducted by the agency that is the recipient of the | ||
request;
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(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
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incidents of crime or misconduct, and disclosure would | ||
result in demonstrable harm to the agency or public | ||
body that is the recipient of the request;
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(vi) endanger the life or physical safety of law | ||
enforcement personnel
or any other person; or
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(vii) obstruct an ongoing criminal investigation |
by the agency that is the recipient of the request.
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(d-5) A law enforcement record created for law | ||
enforcement purposes and contained in a shared electronic | ||
record management system if the law enforcement agency that | ||
is the recipient of the request did not create the record, | ||
did not participate in or have a role in any of the events | ||
which are the subject of the record, and only has access to | ||
the record through the shared electronic record management | ||
system. | ||
(e) Records that relate to or affect the security of | ||
correctional
institutions and detention facilities.
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(e-5) Records requested by persons committed to the | ||
Department of Corrections, Department of Human Services | ||
Division of Mental Health, or a county jail if those | ||
materials are available in the library of the correctional | ||
institution or facility or jail where the inmate is | ||
confined. | ||
(e-6) Records requested by persons committed to the | ||
Department of Corrections, Department of Human Services | ||
Division of Mental Health, or a county jail if those | ||
materials include records from staff members' personnel | ||
files, staff rosters, or other staffing assignment | ||
information. | ||
(e-7) Records requested by persons committed to the | ||
Department of Corrections or Department of Human Services | ||
Division of Mental Health if those materials are available |
through an administrative request to the Department of | ||
Corrections or Department of Human Services Division of | ||
Mental Health. | ||
(e-8) Records requested by a person committed to the | ||
Department of Corrections, Department of Human Services | ||
Division of Mental Health, or a county jail, the disclosure | ||
of which would result in the risk of harm to any person or | ||
the risk of an escape from a jail or correctional | ||
institution or facility. | ||
(e-9) Records requested by a person in a county jail or | ||
committed to the Department of Corrections or Department of | ||
Human Services Division of Mental Health, containing | ||
personal information pertaining to the person's victim or | ||
the victim's family, including, but not limited to, a | ||
victim's home address, home telephone number, work or | ||
school address, work telephone number, social security | ||
number, or any other identifying information, except as may | ||
be relevant to a requester's current or potential case or | ||
claim. | ||
(e-10) Law enforcement records of other persons | ||
requested by a person committed to the Department of | ||
Corrections, Department of Human Services Division of | ||
Mental Health, or a county jail, including, but not limited | ||
to, arrest and booking records, mug shots, and crime scene | ||
photographs, except as these records may be relevant to the | ||
requester's current or potential case or claim. |
(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.
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(g) Trade secrets and commercial or financial | ||
information obtained from
a person or business where the | ||
trade secrets or commercial or financial information are | ||
furnished under a claim that they are
proprietary, | ||
privileged or confidential, and that disclosure of the | ||
trade
secrets or commercial or financial information would | ||
cause competitive harm to the person or business, and only | ||
insofar as the claim directly applies to the records | ||
requested. | ||
The information included under this exemption includes | ||
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.
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(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.
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(i) Valuable formulae,
computer geographic systems,
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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
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purpose of the request is to access and disseminate | ||
information regarding the
health, safety, welfare, or | ||
legal rights of the general public.
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(j) The following information pertaining to | ||
educational matters: | ||
(i) test questions, scoring keys and other | ||
examination data used to
administer an academic | ||
examination;
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(ii) information received by a primary or | ||
secondary school, college, or university under its | ||
procedures for the evaluation of faculty members by | ||
their academic peers; | ||
(iii) information concerning a school or | ||
university's adjudication of student disciplinary | ||
cases, but only to the extent that disclosure would | ||
unavoidably reveal the identity of the student; and | ||
(iv) course materials or research materials used | ||
by faculty members. | ||
(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, | ||
including but not limited to power generating and | ||
distribution stations and other transmission and | ||
distribution facilities, water treatment facilities, |
airport facilities, sport stadiums, convention centers, | ||
and all government owned, operated, or occupied buildings, | ||
but
only to the extent
that disclosure would compromise | ||
security.
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(l) Minutes of meetings of public bodies closed to the
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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.
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(m) 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
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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.
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(n) Records relating to a public body's adjudication of | ||
employee grievances or disciplinary cases; however, this | ||
exemption shall not extend to the final outcome of cases in | ||
which discipline is imposed.
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(o) 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
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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
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materials exempt under this Section.
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(p) Records relating to collective negotiating matters
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between public bodies and their employees or | ||
representatives, except that
any final contract or | ||
agreement shall be subject to inspection and copying.
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(q) Test questions, scoring keys, and other | ||
examination data used to determine the qualifications of an | ||
applicant for a license or employment.
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(r) 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
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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.
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(s) 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.
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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.
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(t) 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
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institutions or insurance companies, unless disclosure is | ||
otherwise
required by State law.
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(u) 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
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Electronic Commerce Security Act.
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(v) 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.
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(w) (Blank). | ||
(x) Maps and other records regarding the location or | ||
security of generation, transmission, distribution, | ||
storage, gathering,
treatment, or switching facilities | ||
owned by a utility, by a power generator, or by the | ||
Illinois Power Agency.
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(y) 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.
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(z) Information about students exempted from | ||
disclosure under Sections 10-20.38 or 34-18.29 of the | ||
School Code, and information about undergraduate students | ||
enrolled at an institution of higher education exempted | ||
from disclosure under Section 25 of the Illinois Credit | ||
Card Marketing Act of 2009. | ||
(aa) Information the disclosure of which is
exempted | ||
under the Viatical Settlements Act of 2009.
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(bb) Records and information provided to a mortality | ||
review team and records maintained by a mortality review |
team appointed under the Department of Juvenile Justice | ||
Mortality Review Team Act. | ||
(cc) Information regarding interments, entombments, or | ||
inurnments of human remains that are submitted to the | ||
Cemetery Oversight Database under the Cemetery Care Act or | ||
the Cemetery Oversight Act, whichever is applicable. | ||
(dd) Correspondence and records (i) that may not be | ||
disclosed under Section 11-9 of the Illinois Public Aid | ||
Code or (ii) that pertain to appeals under Section 11-8 of | ||
the Illinois Public Aid Code. | ||
(ee) The names, addresses, or other personal | ||
information of persons who are minors and are also | ||
participants and registrants in programs of park | ||
districts, forest preserve districts, conservation | ||
districts, recreation agencies, and special recreation | ||
associations. | ||
(ff) The names, addresses, or other personal | ||
information of participants and registrants in programs of | ||
park districts, forest preserve districts, conservation | ||
districts, recreation agencies, and special recreation | ||
associations where such programs are targeted primarily to | ||
minors. | ||
(gg) Confidential information described in Section | ||
1-100 of the Illinois Independent Tax Tribunal Act of 2012. | ||
(hh) The report submitted to the State Board of | ||
Education by the School Security and Standards Task Force |
under item (8) of subsection (d) of Section 2-3.160 of the | ||
School Code and any information contained in that report. | ||
(ii) Records requested by persons committed to or | ||
detained by the Department of Human Services under the | ||
Sexually Violent Persons Commitment Act or committed to the | ||
Department of Corrections under the Sexually Dangerous | ||
Persons Act if those materials: (i) are available in the | ||
library of the facility where the individual is confined; | ||
(ii) include records from staff members' personnel files, | ||
staff rosters, or other staffing assignment information; | ||
or (iii) are available through an administrative request to | ||
the Department of Human Services or the Department of | ||
Corrections. | ||
(jj) Confidential information described in Section | ||
5-535 of the Civil Administrative Code of Illinois. | ||
(kk) The public body's credit card numbers, debit card | ||
numbers, bank account numbers, Federal Employer | ||
Identification Number, security code numbers, passwords, | ||
and similar account information, the disclosure of which | ||
could result in identity theft or impression or defrauding | ||
of a governmental entity or a person. | ||
(1.5) Any information exempt from disclosure under the | ||
Judicial Privacy Act shall be redacted from public records | ||
prior to disclosure under this Act. | ||
(2) A public record that is not in the possession of a | ||
public body but is in the possession of a party with whom the |
agency has contracted to perform a governmental function on | ||
behalf of the public body, and that directly relates to the | ||
governmental function and is not otherwise exempt under this | ||
Act, shall be considered a public record of the public body, | ||
for purposes of this Act. | ||
(3) 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.
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(Source: P.A. 99-298, eff. 8-6-15; 99-346, eff. 1-1-16; 99-642, | ||
eff. 7-28-16; 100-26, eff. 8-4-17; 100-201, eff. 8-18-17; | ||
100-732, eff. 8-3-18.)
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