Bill Amendment: IL HB2039 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: ACCESS TO PUBLIC HEALTH DATA
Status: 2023-08-04 - Public Act . . . . . . . . . 103-0423 [HB2039 Detail]
Download: Illinois-2023-HB2039-Senate_Amendment_001.html
Bill Title: ACCESS TO PUBLIC HEALTH DATA
Status: 2023-08-04 - Public Act . . . . . . . . . 103-0423 [HB2039 Detail]
Download: Illinois-2023-HB2039-Senate_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 2039
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2 | AMENDMENT NO. ______. Amend House Bill 2039 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Access to Public Health Data Act.
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6 | Section 5. Definition. In this Act, "public health data" | ||||||
7 | includes, but is not limited to, birth and death certificate | ||||||
8 | data, hospital discharge data, adverse pregnancy outcomes | ||||||
9 | reporting system (APORS) data, cancer registry data, syndromic | ||||||
10 | surveillance data, and prescription monitoring program (PMP) | ||||||
11 | data.
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12 | Section 10. Access to public health data; certified local | ||||||
13 | health departments; safeguards.
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14 | (a) Notwithstanding any other provision of State law to | ||||||
15 | the contrary, the Department of Public Health, the Department |
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1 | of Human Services, and the Department of Healthcare and Family | ||||||
2 | Services shall, at the request of a certified local health | ||||||
3 | department in this State, make any and all public health data | ||||||
4 | related to residents of that certified local health | ||||||
5 | department's jurisdiction available to that certified local | ||||||
6 | health department for the purposes of preventing or | ||||||
7 | controlling disease, injury, or disability. The commissioner, | ||||||
8 | executive director, chief operating officer, chief medical | ||||||
9 | officer, or equivalent executive leader of a certified local | ||||||
10 | health department has express authority to request and receive | ||||||
11 | such data.
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12 | (b) A certified local health department shall have access | ||||||
13 | to data under this Act only for the purposes identified in this | ||||||
14 | Act. The Department of Public Health, the Department of Human | ||||||
15 | Services, the Department of Healthcare and Family Services, | ||||||
16 | and the requesting certified local health department shall | ||||||
17 | protect the privacy and security of data obtained under this | ||||||
18 | Act in accordance with applicable federal and State law and | ||||||
19 | shall apply appropriate administrative, physical, and | ||||||
20 | technical safeguards to ensure the privacy and security of the | ||||||
21 | data and protect the data from unauthorized access, use, or | ||||||
22 | disclosure. Appropriate safeguards include, but are not | ||||||
23 | limited to, authentication and authorization of users prior to | ||||||
24 | gaining access to data obtained under this Act. | ||||||
25 | (c) A certified local health department shall apply | ||||||
26 | appropriate controls to ensure that access to data under this |
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1 | Act is provided on a minimum, necessary basis and limited to | ||||||
2 | only those persons whose public health duties and | ||||||
3 | responsibilities require such access. Any data obtained under | ||||||
4 | this Act and in the possession of a certified local health | ||||||
5 | department shall be exempt from inspection and copying under | ||||||
6 | subsection (pp) of Section 7 of the Freedom of Information | ||||||
7 | Act. Any data obtained under this Act shall not be admissible | ||||||
8 | as evidence nor discoverable in any action of any kind in any | ||||||
9 | court or before any tribunal, board, agency, or person. The | ||||||
10 | access to or disclosure of any information or data by a | ||||||
11 | certified local health department under this Act shall not | ||||||
12 | waive or have any effect upon its nondiscoverability or | ||||||
13 | inadmissibility. The identity of any individual identified in | ||||||
14 | data obtained under this Act shall be confidential and shall | ||||||
15 | not be disclosed publicly or in any action of any kind.
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16 | Section 15. Data use agreements. A disclosing State | ||||||
17 | department and the requesting certified local health | ||||||
18 | department shall enter into a data use agreement to ensure | ||||||
19 | appropriate, effective, and efficient use of data obtained | ||||||
20 | under this Act by the certified local health department, | ||||||
21 | though no data use agreement shall, in a manner inconsistent | ||||||
22 | with the purpose or requirements of this Act, impede certified | ||||||
23 | local health department access to any public health data | ||||||
24 | available to the Department of Public Health, the Department | ||||||
25 | of Human Services, or the Department of Healthcare and Family |
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1 | Services, nor shall it require indemnification as a | ||||||
2 | prerequisite to access. Each disclosing State department shall | ||||||
3 | execute a single master data use agreement that includes all | ||||||
4 | data sets. Master data use agreements shall include data | ||||||
5 | content, format, method of transfer, analytic and statistical | ||||||
6 | methods, scope of use, and requirements for safeguarding the | ||||||
7 | data. Pursuant to 77 Ill. Adm. Code 600.300, the executive | ||||||
8 | officer of each certified local health department shall | ||||||
9 | execute all master data use agreements. Each certified local | ||||||
10 | health department shall be required to opt into applicable | ||||||
11 | master data use agreements with each disclosing State | ||||||
12 | department to obtain requested data. Certified local health | ||||||
13 | departments shall not be required to opt into any master data | ||||||
14 | use agreement unless they are requesting subject data. | ||||||
15 | Furthermore, all State departments shall enter into | ||||||
16 | interdepartmental agreements with other State departments to | ||||||
17 | share applicable data with eligible certified local health | ||||||
18 | departments.
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19 | Section 20. Latest available data. The Department of | ||||||
20 | Public Health, the Department of Human Services, and the | ||||||
21 | Department of Healthcare and Family Services must provide the | ||||||
22 | latest available data for each certified local health | ||||||
23 | department within 120 business days after completion of the | ||||||
24 | applicable master data use agreement, except to the extent | ||||||
25 | prohibited by current technology.
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1 | Section 25. Rules. The Department of Public Health, the | ||||||
2 | Department of Human Services, and the Department of Healthcare | ||||||
3 | and Family Services may adopt any rules necessary to implement | ||||||
4 | this Act.
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5 | Section 900. The Freedom of Information Act is amended by | ||||||
6 | changing Section 7 as follows:
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7 | (5 ILCS 140/7)
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8 | (Text of Section before amendment by P.A. 102-982 ) | ||||||
9 | Sec. 7. Exemptions.
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10 | (1) When a request is made to inspect or copy a public | ||||||
11 | record that contains information that is exempt from | ||||||
12 | disclosure under this Section, but also contains information | ||||||
13 | that is not exempt from disclosure, the public body may elect | ||||||
14 | to redact the information that is exempt. The public body | ||||||
15 | shall make the remaining information available for inspection | ||||||
16 | and copying. Subject to this requirement, the following shall | ||||||
17 | be exempt from inspection and copying:
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18 | (a) Information specifically prohibited from | ||||||
19 | disclosure by federal or
State law or rules and | ||||||
20 | regulations implementing federal or State law.
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21 | (b) Private information, unless disclosure is required | ||||||
22 | by another provision of this Act, a State or federal law, | ||||||
23 | or a court order. |
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1 | (b-5) Files, documents, and other data or databases | ||||||
2 | maintained by one or more law enforcement agencies and | ||||||
3 | specifically designed to provide information to one or | ||||||
4 | more law enforcement agencies regarding the physical or | ||||||
5 | mental status of one or more individual subjects. | ||||||
6 | (c) Personal information contained within public | ||||||
7 | records, the disclosure of which would constitute a | ||||||
8 | clearly
unwarranted invasion of personal privacy, unless | ||||||
9 | the disclosure is
consented to in writing by the | ||||||
10 | individual subjects of the information. "Unwarranted | ||||||
11 | invasion of personal privacy" means the disclosure of | ||||||
12 | information that is highly personal or objectionable to a | ||||||
13 | reasonable person and in which the subject's right to | ||||||
14 | privacy outweighs any legitimate public interest in | ||||||
15 | obtaining the information. The
disclosure of information | ||||||
16 | that bears on the public duties of public
employees and | ||||||
17 | officials shall not be considered an invasion of personal
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18 | privacy.
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19 | (d) Records in the possession of any public body | ||||||
20 | created in the course of administrative enforcement
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21 | proceedings, and any law enforcement or correctional | ||||||
22 | agency for
law enforcement purposes,
but only to the | ||||||
23 | extent that disclosure would:
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24 | (i) interfere with pending or actually and | ||||||
25 | reasonably contemplated
law enforcement proceedings | ||||||
26 | conducted by any law enforcement or correctional
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1 | agency that is the recipient of the request;
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2 | (ii) interfere with active administrative | ||||||
3 | enforcement proceedings
conducted by the public body | ||||||
4 | that is the recipient of the request;
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5 | (iii) create a substantial likelihood that a | ||||||
6 | person will be deprived of a fair trial or an impartial | ||||||
7 | hearing;
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8 | (iv) unavoidably disclose the identity of a | ||||||
9 | confidential source, confidential information | ||||||
10 | furnished only by the confidential source, or persons | ||||||
11 | who file complaints with or provide information to | ||||||
12 | administrative, investigative, law enforcement, or | ||||||
13 | penal agencies; except that the identities of | ||||||
14 | witnesses to traffic accidents, traffic accident | ||||||
15 | reports, and rescue reports shall be provided by | ||||||
16 | agencies of local government, except when disclosure | ||||||
17 | would interfere with an active criminal investigation | ||||||
18 | conducted by the agency that is the recipient of the | ||||||
19 | request;
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20 | (v) disclose unique or specialized investigative | ||||||
21 | techniques other than
those generally used and known | ||||||
22 | or disclose internal documents of
correctional | ||||||
23 | agencies related to detection, observation , or | ||||||
24 | investigation of
incidents of crime or misconduct, and | ||||||
25 | disclosure would result in demonstrable harm to the | ||||||
26 | agency or public body that is the recipient of the |
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1 | request;
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2 | (vi) endanger the life or physical safety of law | ||||||
3 | enforcement personnel
or any other person; or
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4 | (vii) obstruct an ongoing criminal investigation | ||||||
5 | by the agency that is the recipient of the request.
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6 | (d-5) A law enforcement record created for law | ||||||
7 | enforcement purposes and contained in a shared electronic | ||||||
8 | record management system if the law enforcement agency | ||||||
9 | that is the recipient of the request did not create the | ||||||
10 | record, did not participate in or have a role in any of the | ||||||
11 | events which are the subject of the record, and only has | ||||||
12 | access to the record through the shared electronic record | ||||||
13 | management system. | ||||||
14 | (d-6) Records contained in the Officer Professional | ||||||
15 | Conduct Database under Section 9.2 of the Illinois Police | ||||||
16 | Training Act, except to the extent authorized under that | ||||||
17 | Section. This includes the documents supplied to the | ||||||
18 | Illinois Law Enforcement Training Standards Board from the | ||||||
19 | Illinois State Police and Illinois State Police Merit | ||||||
20 | Board. | ||||||
21 | (e) Records that relate to or affect the security of | ||||||
22 | correctional
institutions and detention facilities.
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23 | (e-5) Records requested by persons committed to the | ||||||
24 | Department of Corrections, Department of Human Services | ||||||
25 | Division of Mental Health, or a county jail if those | ||||||
26 | materials are available in the library of the correctional |
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1 | institution or facility or jail where the inmate is | ||||||
2 | confined. | ||||||
3 | (e-6) Records requested by persons committed to the | ||||||
4 | Department of Corrections, Department of Human Services | ||||||
5 | Division of Mental Health, or a county jail if those | ||||||
6 | materials include records from staff members' personnel | ||||||
7 | files, staff rosters, or other staffing assignment | ||||||
8 | information. | ||||||
9 | (e-7) Records requested by persons committed to the | ||||||
10 | Department of Corrections or Department of Human Services | ||||||
11 | Division of Mental Health if those materials are available | ||||||
12 | through an administrative request to the Department of | ||||||
13 | Corrections or Department of Human Services Division of | ||||||
14 | Mental Health. | ||||||
15 | (e-8) Records requested by a person committed to the | ||||||
16 | Department of Corrections, Department of Human Services | ||||||
17 | Division of Mental Health, or a county jail, the | ||||||
18 | disclosure of which would result in the risk of harm to any | ||||||
19 | person or the risk of an escape from a jail or correctional | ||||||
20 | institution or facility. | ||||||
21 | (e-9) Records requested by a person in a county jail | ||||||
22 | or committed to the Department of Corrections or | ||||||
23 | Department of Human Services Division of Mental Health, | ||||||
24 | containing personal information pertaining to the person's | ||||||
25 | victim or the victim's family, including, but not limited | ||||||
26 | to, a victim's home address, home telephone number, work |
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1 | or school address, work telephone number, social security | ||||||
2 | number, or any other identifying information, except as | ||||||
3 | may be relevant to a requester's current or potential case | ||||||
4 | or claim. | ||||||
5 | (e-10) Law enforcement records of other persons | ||||||
6 | requested by a person committed to the Department of | ||||||
7 | Corrections, Department of Human Services Division of | ||||||
8 | Mental Health, or a county jail, including, but not | ||||||
9 | limited to, arrest and booking records, mug shots, and | ||||||
10 | crime scene photographs, except as these records may be | ||||||
11 | relevant to the requester's current or potential case or | ||||||
12 | claim. | ||||||
13 | (f) Preliminary drafts, notes, recommendations, | ||||||
14 | memoranda, and other
records in which opinions are | ||||||
15 | expressed, or policies or actions are
formulated, except | ||||||
16 | that a specific record or relevant portion of a
record | ||||||
17 | shall not be exempt when the record is publicly cited
and | ||||||
18 | identified by the head of the public body. The exemption | ||||||
19 | provided in
this paragraph (f) extends to all those | ||||||
20 | records of officers and agencies
of the General Assembly | ||||||
21 | that pertain to the preparation of legislative
documents.
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22 | (g) Trade secrets and commercial or financial | ||||||
23 | information obtained from
a person or business where the | ||||||
24 | trade secrets or commercial or financial information are | ||||||
25 | furnished under a claim that they are
proprietary, | ||||||
26 | privileged, or confidential, and that disclosure of the |
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1 | trade
secrets or commercial or financial information would | ||||||
2 | cause competitive harm to the person or business, and only | ||||||
3 | insofar as the claim directly applies to the records | ||||||
4 | requested. | ||||||
5 | The information included under this exemption includes | ||||||
6 | all trade secrets and commercial or financial information | ||||||
7 | obtained by a public body, including a public pension | ||||||
8 | fund, from a private equity fund or a privately held | ||||||
9 | company within the investment portfolio of a private | ||||||
10 | equity fund as a result of either investing or evaluating | ||||||
11 | a potential investment of public funds in a private equity | ||||||
12 | fund. The exemption contained in this item does not apply | ||||||
13 | to the aggregate financial performance information of a | ||||||
14 | private equity fund, nor to the identity of the fund's | ||||||
15 | managers or general partners. The exemption contained in | ||||||
16 | this item does not apply to the identity of a privately | ||||||
17 | held company within the investment portfolio of a private | ||||||
18 | equity fund, unless the disclosure of the identity of a | ||||||
19 | privately held company may cause competitive harm. | ||||||
20 | Nothing contained in this
paragraph (g) shall be | ||||||
21 | construed to prevent a person or business from
consenting | ||||||
22 | to disclosure.
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23 | (h) Proposals and bids for any contract, grant, or | ||||||
24 | agreement, including
information which if it were | ||||||
25 | disclosed would frustrate procurement or give
an advantage | ||||||
26 | to any person proposing to enter into a contractor |
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1 | agreement
with the body, until an award or final selection | ||||||
2 | is made. Information
prepared by or for the body in | ||||||
3 | preparation of a bid solicitation shall be
exempt until an | ||||||
4 | award or final selection is made.
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5 | (i) Valuable formulae,
computer geographic systems,
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6 | designs, drawings , and research data obtained or
produced | ||||||
7 | by any public body when disclosure could reasonably be | ||||||
8 | expected to
produce private gain or public loss.
The | ||||||
9 | exemption for "computer geographic systems" provided in | ||||||
10 | this paragraph
(i) does not extend to requests made by | ||||||
11 | news media as defined in Section 2 of
this Act when the | ||||||
12 | requested information is not otherwise exempt and the only
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13 | purpose of the request is to access and disseminate | ||||||
14 | information regarding the
health, safety, welfare, or | ||||||
15 | legal rights of the general public.
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16 | (j) The following information pertaining to | ||||||
17 | educational matters: | ||||||
18 | (i) test questions, scoring keys, and other | ||||||
19 | examination data used to
administer an academic | ||||||
20 | examination;
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21 | (ii) information received by a primary or | ||||||
22 | secondary school, college, or university under its | ||||||
23 | procedures for the evaluation of faculty members by | ||||||
24 | their academic peers; | ||||||
25 | (iii) information concerning a school or | ||||||
26 | university's adjudication of student disciplinary |
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1 | cases, but only to the extent that disclosure would | ||||||
2 | unavoidably reveal the identity of the student; and | ||||||
3 | (iv) course materials or research materials used | ||||||
4 | by faculty members. | ||||||
5 | (k) Architects' plans, engineers' technical | ||||||
6 | submissions, and
other
construction related technical | ||||||
7 | documents for
projects not constructed or developed in | ||||||
8 | whole or in part with public funds
and the same for | ||||||
9 | projects constructed or developed with public funds, | ||||||
10 | including, but not limited to, power generating and | ||||||
11 | distribution stations and other transmission and | ||||||
12 | distribution facilities, water treatment facilities, | ||||||
13 | airport facilities, sport stadiums, convention centers, | ||||||
14 | and all government owned, operated, or occupied buildings, | ||||||
15 | but
only to the extent
that disclosure would compromise | ||||||
16 | security.
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17 | (l) Minutes of meetings of public bodies closed to the
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18 | public as provided in the Open Meetings Act until the | ||||||
19 | public body
makes the minutes available to the public | ||||||
20 | under Section 2.06 of the Open
Meetings Act.
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21 | (m) Communications between a public body and an | ||||||
22 | attorney or auditor
representing the public body that | ||||||
23 | would not be subject to discovery in
litigation, and | ||||||
24 | materials prepared or compiled by or for a public body in
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25 | anticipation of a criminal, civil, or administrative | ||||||
26 | proceeding upon the
request of an attorney advising the |
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1 | public body, and materials prepared or
compiled with | ||||||
2 | respect to internal audits of public bodies.
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3 | (n) Records relating to a public body's adjudication | ||||||
4 | of employee grievances or disciplinary cases; however, | ||||||
5 | this exemption shall not extend to the final outcome of | ||||||
6 | cases in which discipline is imposed.
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7 | (o) Administrative or technical information associated | ||||||
8 | with automated
data processing operations, including, but | ||||||
9 | not limited to, software,
operating protocols, computer | ||||||
10 | program abstracts, file layouts, source
listings, object | ||||||
11 | modules, load modules, user guides, documentation
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12 | pertaining to all logical and physical design of | ||||||
13 | computerized systems,
employee manuals, and any other | ||||||
14 | information that, if disclosed, would
jeopardize the | ||||||
15 | security of the system or its data or the security of
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16 | materials exempt under this Section.
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17 | (p) Records relating to collective negotiating matters
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18 | between public bodies and their employees or | ||||||
19 | representatives, except that
any final contract or | ||||||
20 | agreement shall be subject to inspection and copying.
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21 | (q) Test questions, scoring keys, and other | ||||||
22 | examination data used to determine the qualifications of | ||||||
23 | an applicant for a license or employment.
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24 | (r) The records, documents, and information relating | ||||||
25 | to real estate
purchase negotiations until those | ||||||
26 | negotiations have been completed or
otherwise terminated. |
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1 | With regard to a parcel involved in a pending or
actually | ||||||
2 | and reasonably contemplated eminent domain proceeding | ||||||
3 | under the Eminent Domain Act, records, documents, and
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4 | information relating to that parcel shall be exempt except | ||||||
5 | as may be
allowed under discovery rules adopted by the | ||||||
6 | Illinois Supreme Court. The
records, documents, and | ||||||
7 | information relating to a real estate sale shall be
exempt | ||||||
8 | until a sale is consummated.
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9 | (s) Any and all proprietary information and records | ||||||
10 | related to the
operation of an intergovernmental risk | ||||||
11 | management association or
self-insurance pool or jointly | ||||||
12 | self-administered health and accident
cooperative or pool.
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13 | Insurance or self-insurance self insurance (including any | ||||||
14 | intergovernmental risk management association or | ||||||
15 | self-insurance self insurance pool) claims, loss or risk | ||||||
16 | management information, records, data, advice , or | ||||||
17 | communications.
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18 | (t) Information contained in or related to | ||||||
19 | examination, operating, or
condition reports prepared by, | ||||||
20 | on behalf of, or for the use of a public
body responsible | ||||||
21 | for the regulation or supervision of financial
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22 | institutions, insurance companies, or pharmacy benefit | ||||||
23 | managers, unless disclosure is otherwise
required by State | ||||||
24 | law.
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25 | (u) Information that would disclose
or might lead to | ||||||
26 | the disclosure of
secret or confidential information, |
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1 | codes, algorithms, programs, or private
keys intended to | ||||||
2 | be used to create electronic signatures under the Uniform | ||||||
3 | Electronic Transactions Act.
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4 | (v) Vulnerability assessments, security measures, and | ||||||
5 | response policies
or plans that are designed to identify, | ||||||
6 | prevent, or respond to potential
attacks upon a | ||||||
7 | community's population or systems, facilities, or | ||||||
8 | installations, but only to the extent that
disclosure | ||||||
9 | could reasonably be expected to expose the vulnerability | ||||||
10 | or jeopardize the effectiveness of the
measures, policies, | ||||||
11 | or plans, or the safety of the personnel who implement | ||||||
12 | them or the public.
Information exempt under this item may | ||||||
13 | include such things as details
pertaining to the | ||||||
14 | mobilization or deployment of personnel or equipment, to | ||||||
15 | the
operation of communication systems or protocols, to | ||||||
16 | cybersecurity vulnerabilities, or to tactical operations.
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17 | (w) (Blank). | ||||||
18 | (x) Maps and other records regarding the location or | ||||||
19 | security of generation, transmission, distribution, | ||||||
20 | storage, gathering,
treatment, or switching facilities | ||||||
21 | owned by a utility, by a power generator, or by the | ||||||
22 | Illinois Power Agency.
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23 | (y) Information contained in or related to proposals, | ||||||
24 | bids, or negotiations related to electric power | ||||||
25 | procurement under Section 1-75 of the Illinois Power | ||||||
26 | Agency Act and Section 16-111.5 of the Public Utilities |
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1 | Act that is determined to be confidential and proprietary | ||||||
2 | by the Illinois Power Agency or by the Illinois Commerce | ||||||
3 | Commission.
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4 | (z) Information about students exempted from | ||||||
5 | disclosure under Section Sections 10-20.38 or 34-18.29 of | ||||||
6 | the School Code, and information about undergraduate | ||||||
7 | students enrolled at an institution of higher education | ||||||
8 | exempted from disclosure under Section 25 of the Illinois | ||||||
9 | Credit Card Marketing Act of 2009. | ||||||
10 | (aa) Information the disclosure of which is
exempted | ||||||
11 | under the Viatical Settlements Act of 2009.
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12 | (bb) Records and information provided to a mortality | ||||||
13 | review team and records maintained by a mortality review | ||||||
14 | team appointed under the Department of Juvenile Justice | ||||||
15 | Mortality Review Team Act. | ||||||
16 | (cc) Information regarding interments, entombments, or | ||||||
17 | inurnments of human remains that are submitted to the | ||||||
18 | Cemetery Oversight Database under the Cemetery Care Act or | ||||||
19 | the Cemetery Oversight Act, whichever is applicable. | ||||||
20 | (dd) Correspondence and records (i) that may not be | ||||||
21 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
22 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
23 | the Illinois Public Aid Code. | ||||||
24 | (ee) The names, addresses, or other personal | ||||||
25 | information of persons who are minors and are also | ||||||
26 | participants and registrants in programs of park |
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1 | districts, forest preserve districts, conservation | ||||||
2 | districts, recreation agencies, and special recreation | ||||||
3 | associations. | ||||||
4 | (ff) The names, addresses, or other personal | ||||||
5 | information of participants and registrants in programs of | ||||||
6 | park districts, forest preserve districts, conservation | ||||||
7 | districts, recreation agencies, and special recreation | ||||||
8 | associations where such programs are targeted primarily to | ||||||
9 | minors. | ||||||
10 | (gg) Confidential information described in Section | ||||||
11 | 1-100 of the Illinois Independent Tax Tribunal Act of | ||||||
12 | 2012. | ||||||
13 | (hh) The report submitted to the State Board of | ||||||
14 | Education by the School Security and Standards Task Force | ||||||
15 | under item (8) of subsection (d) of Section 2-3.160 of the | ||||||
16 | School Code and any information contained in that report. | ||||||
17 | (ii) Records requested by persons committed to or | ||||||
18 | detained by the Department of Human Services under the | ||||||
19 | Sexually Violent Persons Commitment Act or committed to | ||||||
20 | the Department of Corrections under the Sexually Dangerous | ||||||
21 | Persons Act if those materials: (i) are available in the | ||||||
22 | library of the facility where the individual is confined; | ||||||
23 | (ii) include records from staff members' personnel files, | ||||||
24 | staff rosters, or other staffing assignment information; | ||||||
25 | or (iii) are available through an administrative request | ||||||
26 | to the Department of Human Services or the Department of |
| |||||||
| |||||||
1 | Corrections. | ||||||
2 | (jj) Confidential information described in Section | ||||||
3 | 5-535 of the Civil Administrative Code of Illinois. | ||||||
4 | (kk) The public body's credit card numbers, debit card | ||||||
5 | numbers, bank account numbers, Federal Employer | ||||||
6 | Identification Number, security code numbers, passwords, | ||||||
7 | and similar account information, the disclosure of which | ||||||
8 | could result in identity theft or impression or defrauding | ||||||
9 | of a governmental entity or a person. | ||||||
10 | (ll) Records concerning the work of the threat | ||||||
11 | assessment team of a school district, including, but not | ||||||
12 | limited to, any threat assessment procedure under the | ||||||
13 | School Safety Drill Act and any information contained in | ||||||
14 | the procedure. | ||||||
15 | (mm) Information prohibited from being disclosed under | ||||||
16 | subsections (a) and (b) of Section 15 of the Student | ||||||
17 | Confidential Reporting Act. | ||||||
18 | (nn) (mm) Proprietary information submitted to the
| ||||||
19 | Environmental Protection Agency under the Drug Take-Back
| ||||||
20 | Act. | ||||||
21 | (oo) (mm) Records described in subsection (f) of | ||||||
22 | Section 3-5-1 of the Unified Code of Corrections. | ||||||
23 | (1.5) Any information exempt from disclosure under the | ||||||
24 | Judicial Privacy Act shall be redacted from public records | ||||||
25 | prior to disclosure under this Act. | ||||||
26 | (2) A public record that is not in the possession of a |
| |||||||
| |||||||
1 | public body but is in the possession of a party with whom the | ||||||
2 | agency has contracted to perform a governmental function on | ||||||
3 | behalf of the public body, and that directly relates to the | ||||||
4 | governmental function and is not otherwise exempt under this | ||||||
5 | Act, shall be considered a public record of the public body, | ||||||
6 | for purposes of this Act. | ||||||
7 | (3) This Section does not authorize withholding of | ||||||
8 | information or limit the
availability of records to the | ||||||
9 | public, except as stated in this Section or
otherwise provided | ||||||
10 | in this Act.
| ||||||
11 | (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; | ||||||
12 | 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | ||||||
13 | 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752, | ||||||
14 | eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23; | ||||||
15 | 102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; revised | ||||||
16 | 12-13-22.)
| ||||||
17 | (Text of Section after amendment by P.A. 102-982 )
| ||||||
18 | Sec. 7. Exemptions.
| ||||||
19 | (1) When a request is made to inspect or copy a public | ||||||
20 | record that contains information that is exempt from | ||||||
21 | disclosure under this Section, but also contains information | ||||||
22 | that is not exempt from disclosure, the public body may elect | ||||||
23 | to redact the information that is exempt. The public body | ||||||
24 | shall make the remaining information available for inspection | ||||||
25 | and copying. Subject to this requirement, the following shall |
| |||||||
| |||||||
1 | be exempt from inspection and copying:
| ||||||
2 | (a) Information specifically prohibited from | ||||||
3 | disclosure by federal or
State law or rules and | ||||||
4 | regulations implementing federal or State law.
| ||||||
5 | (b) Private information, unless disclosure is required | ||||||
6 | by another provision of this Act, a State or federal law, | ||||||
7 | or a court order. | ||||||
8 | (b-5) Files, documents, and other data or databases | ||||||
9 | maintained by one or more law enforcement agencies and | ||||||
10 | specifically designed to provide information to one or | ||||||
11 | more law enforcement agencies regarding the physical or | ||||||
12 | mental status of one or more individual subjects. | ||||||
13 | (c) Personal information contained within public | ||||||
14 | records, the disclosure of which would constitute a | ||||||
15 | clearly
unwarranted invasion of personal privacy, unless | ||||||
16 | the disclosure is
consented to in writing by the | ||||||
17 | individual subjects of the information. "Unwarranted | ||||||
18 | invasion of personal privacy" means the disclosure of | ||||||
19 | information that is highly personal or objectionable to a | ||||||
20 | reasonable person and in which the subject's right to | ||||||
21 | privacy outweighs any legitimate public interest in | ||||||
22 | obtaining the information. The
disclosure of information | ||||||
23 | that bears on the public duties of public
employees and | ||||||
24 | officials shall not be considered an invasion of personal
| ||||||
25 | privacy.
| ||||||
26 | (d) Records in the possession of any public body |
| |||||||
| |||||||
1 | created in the course of administrative enforcement
| ||||||
2 | proceedings, and any law enforcement or correctional | ||||||
3 | agency for
law enforcement purposes,
but only to the | ||||||
4 | extent that disclosure would:
| ||||||
5 | (i) interfere with pending or actually and | ||||||
6 | reasonably contemplated
law enforcement proceedings | ||||||
7 | conducted by any law enforcement or correctional
| ||||||
8 | agency that is the recipient of the request;
| ||||||
9 | (ii) interfere with active administrative | ||||||
10 | enforcement proceedings
conducted by the public body | ||||||
11 | that is the recipient of the request;
| ||||||
12 | (iii) create a substantial likelihood that a | ||||||
13 | person will be deprived of a fair trial or an impartial | ||||||
14 | hearing;
| ||||||
15 | (iv) unavoidably disclose the identity of a | ||||||
16 | confidential source, confidential information | ||||||
17 | furnished only by the confidential source, or persons | ||||||
18 | who file complaints with or provide information to | ||||||
19 | administrative, investigative, law enforcement, or | ||||||
20 | penal agencies; except that the identities of | ||||||
21 | witnesses to traffic crashes, traffic crash reports, | ||||||
22 | and rescue reports shall be provided by agencies of | ||||||
23 | local government, except when disclosure would | ||||||
24 | interfere with an active criminal investigation | ||||||
25 | conducted by the agency that is the recipient of the | ||||||
26 | request;
|
| |||||||
| |||||||
1 | (v) disclose unique or specialized investigative | ||||||
2 | techniques other than
those generally used and known | ||||||
3 | or disclose internal documents of
correctional | ||||||
4 | agencies related to detection, observation , or | ||||||
5 | investigation of
incidents of crime or misconduct, and | ||||||
6 | disclosure would result in demonstrable harm to the | ||||||
7 | agency or public body that is the recipient of the | ||||||
8 | request;
| ||||||
9 | (vi) endanger the life or physical safety of law | ||||||
10 | enforcement personnel
or any other person; or
| ||||||
11 | (vii) obstruct an ongoing criminal investigation | ||||||
12 | by the agency that is the recipient of the request.
| ||||||
13 | (d-5) A law enforcement record created for law | ||||||
14 | enforcement purposes and contained in a shared electronic | ||||||
15 | record management system if the law enforcement agency | ||||||
16 | that is the recipient of the request did not create the | ||||||
17 | record, did not participate in or have a role in any of the | ||||||
18 | events which are the subject of the record, and only has | ||||||
19 | access to the record through the shared electronic record | ||||||
20 | management system. | ||||||
21 | (d-6) Records contained in the Officer Professional | ||||||
22 | Conduct Database under Section 9.2 of the Illinois Police | ||||||
23 | Training Act, except to the extent authorized under that | ||||||
24 | Section. This includes the documents supplied to the | ||||||
25 | Illinois Law Enforcement Training Standards Board from the | ||||||
26 | Illinois State Police and Illinois State Police Merit |
| |||||||
| |||||||
1 | Board. | ||||||
2 | (e) Records that relate to or affect the security of | ||||||
3 | correctional
institutions and detention facilities.
| ||||||
4 | (e-5) Records requested by persons committed to the | ||||||
5 | Department of Corrections, Department of Human Services | ||||||
6 | Division of Mental Health, or a county jail if those | ||||||
7 | materials are available in the library of the correctional | ||||||
8 | institution or facility or jail where the inmate is | ||||||
9 | confined. | ||||||
10 | (e-6) Records requested by persons committed to the | ||||||
11 | Department of Corrections, Department of Human Services | ||||||
12 | Division of Mental Health, or a county jail if those | ||||||
13 | materials include records from staff members' personnel | ||||||
14 | files, staff rosters, or other staffing assignment | ||||||
15 | information. | ||||||
16 | (e-7) Records requested by persons committed to the | ||||||
17 | Department of Corrections or Department of Human Services | ||||||
18 | Division of Mental Health if those materials are available | ||||||
19 | through an administrative request to the Department of | ||||||
20 | Corrections or Department of Human Services Division of | ||||||
21 | Mental Health. | ||||||
22 | (e-8) Records requested by a person committed to the | ||||||
23 | Department of Corrections, Department of Human Services | ||||||
24 | Division of Mental Health, or a county jail, the | ||||||
25 | disclosure of which would result in the risk of harm to any | ||||||
26 | person or the risk of an escape from a jail or correctional |
| |||||||
| |||||||
1 | institution or facility. | ||||||
2 | (e-9) Records requested by a person in a county jail | ||||||
3 | or committed to the Department of Corrections or | ||||||
4 | Department of Human Services Division of Mental Health, | ||||||
5 | containing personal information pertaining to the person's | ||||||
6 | victim or the victim's family, including, but not limited | ||||||
7 | to, a victim's home address, home telephone number, work | ||||||
8 | or school address, work telephone number, social security | ||||||
9 | number, or any other identifying information, except as | ||||||
10 | may be relevant to a requester's current or potential case | ||||||
11 | or claim. | ||||||
12 | (e-10) Law enforcement records of other persons | ||||||
13 | requested by a person committed to the Department of | ||||||
14 | Corrections, Department of Human Services Division of | ||||||
15 | Mental Health, or a county jail, including, but not | ||||||
16 | limited to, arrest and booking records, mug shots, and | ||||||
17 | crime scene photographs, except as these records may be | ||||||
18 | relevant to the requester's current or potential case or | ||||||
19 | claim. | ||||||
20 | (f) Preliminary drafts, notes, recommendations, | ||||||
21 | memoranda, and other
records in which opinions are | ||||||
22 | expressed, or policies or actions are
formulated, except | ||||||
23 | that a specific record or relevant portion of a
record | ||||||
24 | shall not be exempt when the record is publicly cited
and | ||||||
25 | identified by the head of the public body. The exemption | ||||||
26 | provided in
this paragraph (f) extends to all those |
| |||||||
| |||||||
1 | records of officers and agencies
of the General Assembly | ||||||
2 | that pertain to the preparation of legislative
documents.
| ||||||
3 | (g) Trade secrets and commercial or financial | ||||||
4 | information obtained from
a person or business where the | ||||||
5 | trade secrets or commercial or financial information are | ||||||
6 | furnished under a claim that they are
proprietary, | ||||||
7 | privileged, or confidential, and that disclosure of the | ||||||
8 | trade
secrets or commercial or financial information would | ||||||
9 | cause competitive harm to the person or business, and only | ||||||
10 | insofar as the claim directly applies to the records | ||||||
11 | requested. | ||||||
12 | The information included under this exemption includes | ||||||
13 | all trade secrets and commercial or financial information | ||||||
14 | obtained by a public body, including a public pension | ||||||
15 | fund, from a private equity fund or a privately held | ||||||
16 | company within the investment portfolio of a private | ||||||
17 | equity fund as a result of either investing or evaluating | ||||||
18 | a potential investment of public funds in a private equity | ||||||
19 | fund. The exemption contained in this item does not apply | ||||||
20 | to the aggregate financial performance information of a | ||||||
21 | private equity fund, nor to the identity of the fund's | ||||||
22 | managers or general partners. The exemption contained in | ||||||
23 | this item does not apply to the identity of a privately | ||||||
24 | held company within the investment portfolio of a private | ||||||
25 | equity fund, unless the disclosure of the identity of a | ||||||
26 | privately held company may cause competitive harm. |
| |||||||
| |||||||
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 advantage | ||||||
7 | to any person proposing to enter into a contractor | ||||||
8 | agreement
with the body, until an award or final selection | ||||||
9 | is made. Information
prepared by or for the body in | ||||||
10 | preparation of a bid solicitation shall be
exempt until an | ||||||
11 | award or final selection is made.
| ||||||
12 | (i) Valuable formulae,
computer geographic systems,
| ||||||
13 | designs, drawings , and research data obtained or
produced | ||||||
14 | by any public body when disclosure could reasonably be | ||||||
15 | expected to
produce private gain or public loss.
The | ||||||
16 | exemption for "computer geographic systems" provided in | ||||||
17 | this paragraph
(i) does not extend to requests made by | ||||||
18 | news media as defined in Section 2 of
this Act when the | ||||||
19 | requested information is not otherwise exempt and the only
| ||||||
20 | purpose of the request is to access and disseminate | ||||||
21 | information regarding the
health, safety, welfare, or | ||||||
22 | legal rights of the general public.
| ||||||
23 | (j) The following information pertaining to | ||||||
24 | educational matters: | ||||||
25 | (i) test questions, scoring keys, and other | ||||||
26 | examination data used to
administer an academic |
| |||||||
| |||||||
1 | examination;
| ||||||
2 | (ii) information received by a primary or | ||||||
3 | secondary school, college, or university under its | ||||||
4 | procedures for the evaluation of faculty members by | ||||||
5 | their academic peers; | ||||||
6 | (iii) information concerning a school or | ||||||
7 | university's adjudication of student disciplinary | ||||||
8 | cases, but only to the extent that disclosure would | ||||||
9 | unavoidably reveal the identity of the student; and | ||||||
10 | (iv) course materials or research materials used | ||||||
11 | by faculty members. | ||||||
12 | (k) Architects' plans, engineers' technical | ||||||
13 | submissions, and
other
construction related technical | ||||||
14 | documents for
projects not constructed or developed in | ||||||
15 | whole or in part with public funds
and the same for | ||||||
16 | projects constructed or developed with public funds, | ||||||
17 | including, but not limited to, power generating and | ||||||
18 | distribution stations and other transmission and | ||||||
19 | distribution facilities, water treatment facilities, | ||||||
20 | airport facilities, sport stadiums, convention centers, | ||||||
21 | and all government owned, operated, or occupied buildings, | ||||||
22 | but
only to the extent
that disclosure would compromise | ||||||
23 | security.
| ||||||
24 | (l) Minutes of meetings of public bodies closed to the
| ||||||
25 | public as provided in the Open Meetings Act until the | ||||||
26 | public body
makes the minutes available to the public |
| |||||||
| |||||||
1 | under Section 2.06 of the Open
Meetings Act.
| ||||||
2 | (m) Communications between a public body and an | ||||||
3 | attorney or auditor
representing the public body that | ||||||
4 | would not be subject to discovery in
litigation, and | ||||||
5 | materials prepared or compiled by or for a public body in
| ||||||
6 | anticipation of a criminal, civil, or administrative | ||||||
7 | proceeding upon the
request of an attorney advising the | ||||||
8 | public body, and materials prepared or
compiled with | ||||||
9 | respect to internal audits of public bodies.
| ||||||
10 | (n) Records relating to a public body's adjudication | ||||||
11 | of employee grievances or disciplinary cases; however, | ||||||
12 | this exemption shall not extend to the final outcome of | ||||||
13 | cases in which discipline is imposed.
| ||||||
14 | (o) Administrative or technical information associated | ||||||
15 | with automated
data processing operations, including, but | ||||||
16 | not limited to, software,
operating protocols, computer | ||||||
17 | program abstracts, file layouts, source
listings, object | ||||||
18 | modules, load modules, user guides, documentation
| ||||||
19 | pertaining to all logical and physical design of | ||||||
20 | computerized systems,
employee manuals, and any other | ||||||
21 | information that, if disclosed, would
jeopardize the | ||||||
22 | security of the system or its data or the security of
| ||||||
23 | materials exempt under this Section.
| ||||||
24 | (p) Records relating to collective negotiating matters
| ||||||
25 | between public bodies and their employees or | ||||||
26 | representatives, except that
any final contract or |
| |||||||
| |||||||
1 | agreement shall be subject to inspection and copying.
| ||||||
2 | (q) Test questions, scoring keys, and other | ||||||
3 | examination data used to determine the qualifications of | ||||||
4 | an applicant for a license or employment.
| ||||||
5 | (r) The records, documents, and information relating | ||||||
6 | to real estate
purchase negotiations until those | ||||||
7 | negotiations have been completed or
otherwise terminated. | ||||||
8 | With regard to a parcel involved in a pending or
actually | ||||||
9 | and reasonably contemplated eminent domain proceeding | ||||||
10 | under the Eminent Domain Act, records, documents, and
| ||||||
11 | information relating to that parcel shall be exempt except | ||||||
12 | as may be
allowed under discovery rules adopted by the | ||||||
13 | Illinois Supreme Court. The
records, documents, and | ||||||
14 | information relating to a real estate sale shall be
exempt | ||||||
15 | until a sale is consummated.
| ||||||
16 | (s) Any and all proprietary information and records | ||||||
17 | related to the
operation of an intergovernmental risk | ||||||
18 | management association or
self-insurance pool or jointly | ||||||
19 | self-administered health and accident
cooperative or pool.
| ||||||
20 | Insurance or self-insurance self insurance (including any | ||||||
21 | intergovernmental risk management association or | ||||||
22 | self-insurance self insurance pool) claims, loss or risk | ||||||
23 | management information, records, data, advice , or | ||||||
24 | communications.
| ||||||
25 | (t) Information contained in or related to | ||||||
26 | examination, operating, or
condition reports prepared by, |
| |||||||
| |||||||
1 | on behalf of, or for the use of a public
body responsible | ||||||
2 | for the regulation or supervision of financial
| ||||||
3 | institutions, insurance companies, or pharmacy benefit | ||||||
4 | managers, unless disclosure is otherwise
required by State | ||||||
5 | law.
| ||||||
6 | (u) Information that would disclose
or might lead to | ||||||
7 | the disclosure of
secret or confidential information, | ||||||
8 | codes, algorithms, programs, or private
keys intended to | ||||||
9 | be used to create electronic signatures under the Uniform | ||||||
10 | Electronic Transactions Act.
| ||||||
11 | (v) Vulnerability assessments, security measures, and | ||||||
12 | response policies
or plans that are designed to identify, | ||||||
13 | prevent, or respond to potential
attacks upon a | ||||||
14 | community's population or systems, facilities, or | ||||||
15 | installations, but only to the extent that
disclosure | ||||||
16 | could reasonably be expected to expose the vulnerability | ||||||
17 | or jeopardize the effectiveness of the
measures, policies, | ||||||
18 | or plans, or the safety of the personnel who implement | ||||||
19 | them or the public.
Information exempt under this item may | ||||||
20 | include such things as details
pertaining to the | ||||||
21 | mobilization or deployment of personnel or equipment, to | ||||||
22 | the
operation of communication systems or protocols, to | ||||||
23 | cybersecurity vulnerabilities, or to tactical operations.
| ||||||
24 | (w) (Blank). | ||||||
25 | (x) Maps and other records regarding the location or | ||||||
26 | security of generation, transmission, distribution, |
| |||||||
| |||||||
1 | storage, gathering,
treatment, or switching facilities | ||||||
2 | owned by a utility, by a power generator, or by the | ||||||
3 | Illinois Power Agency.
| ||||||
4 | (y) Information contained in or related to proposals, | ||||||
5 | bids, or negotiations related to electric power | ||||||
6 | procurement under Section 1-75 of the Illinois Power | ||||||
7 | Agency Act and Section 16-111.5 of the Public Utilities | ||||||
8 | Act that is determined to be confidential and proprietary | ||||||
9 | by the Illinois Power Agency or by the Illinois Commerce | ||||||
10 | Commission.
| ||||||
11 | (z) Information about students exempted from | ||||||
12 | disclosure under Section Sections 10-20.38 or 34-18.29 of | ||||||
13 | the School Code, and information about undergraduate | ||||||
14 | students enrolled at an institution of higher education | ||||||
15 | exempted from disclosure under Section 25 of the Illinois | ||||||
16 | Credit Card Marketing Act of 2009. | ||||||
17 | (aa) Information the disclosure of which is
exempted | ||||||
18 | under the Viatical Settlements Act of 2009.
| ||||||
19 | (bb) Records and information provided to a mortality | ||||||
20 | review team and records maintained by a mortality review | ||||||
21 | team appointed under the Department of Juvenile Justice | ||||||
22 | Mortality Review Team Act. | ||||||
23 | (cc) Information regarding interments, entombments, or | ||||||
24 | inurnments of human remains that are submitted to the | ||||||
25 | Cemetery Oversight Database under the Cemetery Care Act or | ||||||
26 | the Cemetery Oversight Act, whichever is applicable. |
| |||||||
| |||||||
1 | (dd) Correspondence and records (i) that may not be | ||||||
2 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
3 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
4 | the Illinois Public Aid Code. | ||||||
5 | (ee) The names, addresses, or other personal | ||||||
6 | information of persons who are minors and are also | ||||||
7 | participants and registrants in programs of park | ||||||
8 | districts, forest preserve districts, conservation | ||||||
9 | districts, recreation agencies, and special recreation | ||||||
10 | associations. | ||||||
11 | (ff) The names, addresses, or other personal | ||||||
12 | information of participants and registrants in programs of | ||||||
13 | park districts, forest preserve districts, conservation | ||||||
14 | districts, recreation agencies, and special recreation | ||||||
15 | associations where such programs are targeted primarily to | ||||||
16 | minors. | ||||||
17 | (gg) Confidential information described in Section | ||||||
18 | 1-100 of the Illinois Independent Tax Tribunal Act of | ||||||
19 | 2012. | ||||||
20 | (hh) The report submitted to the State Board of | ||||||
21 | Education by the School Security and Standards Task Force | ||||||
22 | under item (8) of subsection (d) of Section 2-3.160 of the | ||||||
23 | School Code and any information contained in that report. | ||||||
24 | (ii) Records requested by persons committed to or | ||||||
25 | detained by the Department of Human Services under the | ||||||
26 | Sexually Violent Persons Commitment Act or committed to |
| |||||||
| |||||||
1 | the Department of Corrections under the Sexually Dangerous | ||||||
2 | Persons Act if those materials: (i) are available in the | ||||||
3 | library of the facility where the individual is confined; | ||||||
4 | (ii) include records from staff members' personnel files, | ||||||
5 | staff rosters, or other staffing assignment information; | ||||||
6 | or (iii) are available through an administrative request | ||||||
7 | to the Department of Human Services or the Department of | ||||||
8 | Corrections. | ||||||
9 | (jj) Confidential information described in Section | ||||||
10 | 5-535 of the Civil Administrative Code of Illinois. | ||||||
11 | (kk) The public body's credit card numbers, debit card | ||||||
12 | numbers, bank account numbers, Federal Employer | ||||||
13 | Identification Number, security code numbers, passwords, | ||||||
14 | and similar account information, the disclosure of which | ||||||
15 | could result in identity theft or impression or defrauding | ||||||
16 | of a governmental entity or a person. | ||||||
17 | (ll) Records concerning the work of the threat | ||||||
18 | assessment team of a school district, including, but not | ||||||
19 | limited to, any threat assessment procedure under the | ||||||
20 | School Safety Drill Act and any information contained in | ||||||
21 | the procedure. | ||||||
22 | (mm) Information prohibited from being disclosed under | ||||||
23 | subsections (a) and (b) of Section 15 of the Student | ||||||
24 | Confidential Reporting Act. | ||||||
25 | (nn) (mm) Proprietary information submitted to the
| ||||||
26 | Environmental Protection Agency under the Drug Take-Back
|
| |||||||
| |||||||
1 | Act. | ||||||
2 | (oo) (mm) Records described in subsection (f) of | ||||||
3 | Section 3-5-1 of the Unified Code of Corrections. | ||||||
4 | (pp) Information obtained by a certified local health | ||||||
5 | department under the Access to Public Health Data Act. | ||||||
6 | (1.5) Any information exempt from disclosure under the | ||||||
7 | Judicial Privacy Act shall be redacted from public records | ||||||
8 | prior to disclosure under this Act. | ||||||
9 | (2) A public record that is not in the possession of a | ||||||
10 | public body but is in the possession of a party with whom the | ||||||
11 | agency has contracted to perform a governmental function on | ||||||
12 | behalf of the public body, and that directly relates to the | ||||||
13 | governmental function and is not otherwise exempt under this | ||||||
14 | Act, shall be considered a public record of the public body, | ||||||
15 | for purposes of this Act. | ||||||
16 | (3) This Section does not authorize withholding of | ||||||
17 | information or limit the
availability of records to the | ||||||
18 | public, except as stated in this Section or
otherwise provided | ||||||
19 | in this Act.
| ||||||
20 | (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; | ||||||
21 | 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | ||||||
22 | 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752, | ||||||
23 | eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23; | ||||||
24 | 102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff. | ||||||
25 | 6-10-22; revised 12-13-22.)
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| |||||||
1 | Section 905. The Vital Records Act is amended by changing | ||||||
2 | Section 24 as follows:
| ||||||
3 | (410 ILCS 535/24) (from Ch. 111 1/2, par. 73-24)
| ||||||
4 | Sec. 24. (1) To protect the integrity of vital records, to | ||||||
5 | insure their
proper use, and to insure the efficient and | ||||||
6 | proper administration of the
vital records system, access to | ||||||
7 | vital records, and indexes thereof,
including vital records in | ||||||
8 | the custody of local registrars and county
clerks originating | ||||||
9 | prior to January 1, 1916, is limited to the custodian
and his | ||||||
10 | employees, and then only for administrative purposes, except | ||||||
11 | that
the indexes of those records in the custody of local | ||||||
12 | registrars and county
clerks, originating prior to January 1, | ||||||
13 | 1916, shall be made available to
persons for the purpose of | ||||||
14 | genealogical research. Original, photographic or
| ||||||
15 | microphotographic reproductions of original records of births | ||||||
16 | 100 years old
and older and deaths 50 years old and older, and | ||||||
17 | marriage records 75 years
old and older on file in the State | ||||||
18 | Office of Vital Records and in the
custody of the county clerks | ||||||
19 | may be made available for inspection in the
Illinois State | ||||||
20 | Archives reference area, Illinois Regional Archives
| ||||||
21 | Depositories, and other libraries approved by the Illinois | ||||||
22 | State
Registrar and the Director of the Illinois State | ||||||
23 | Archives, provided that
the photographic or microphotographic | ||||||
24 | copies are made at no cost to the
county or to the State of | ||||||
25 | Illinois. It is unlawful for any custodian to
permit |
| |||||||
| |||||||
1 | inspection of, or to disclose information contained in, vital
| ||||||
2 | records, or to copy or permit to be copied, all or part of any | ||||||
3 | such record
except as authorized by this Act or regulations | ||||||
4 | adopted pursuant thereto.
| ||||||
5 | (2) The State Registrar of Vital Records, or his agent, | ||||||
6 | and any
municipal, county, multi-county, public health | ||||||
7 | district, or regional health
officer recognized by the | ||||||
8 | Department may examine vital records for the
purpose only of | ||||||
9 | carrying out the public health programs and
responsibilities | ||||||
10 | under his jurisdiction.
| ||||||
11 | (3) The State Registrar of Vital Records, may disclose, or | ||||||
12 | authorize the
disclosure of, data contained in the vital | ||||||
13 | records when deemed essential
for bona fide research purposes | ||||||
14 | which are not for private gain.
| ||||||
15 | This amendatory Act of 1973 does not apply to any home rule | ||||||
16 | unit.
| ||||||
17 | (4) The State Registrar shall exchange with the
Department | ||||||
18 | of Healthcare and Family Services
information that
may be | ||||||
19 | necessary for the establishment of paternity and the | ||||||
20 | establishment,
modification, and enforcement of child support | ||||||
21 | orders
entered pursuant to the Illinois Public Aid Code, the | ||||||
22 | Illinois
Marriage and Dissolution of Marriage Act, the | ||||||
23 | Non-Support of
Spouse and Children Act, the Non-Support | ||||||
24 | Punishment Act, the Revised Uniform Reciprocal Enforcement of | ||||||
25 | Support
Act, the Uniform Interstate Family Support
Act, the | ||||||
26 | Illinois Parentage Act of 1984, or the Illinois Parentage Act |
| |||||||
| |||||||
1 | of 2015.
Notwithstanding any provisions in this Act to the
| ||||||
2 | contrary, the State Registrar shall not be liable
to any | ||||||
3 | person for any disclosure of information to the
Department of | ||||||
4 | Healthcare and Family Services (formerly Illinois Department | ||||||
5 | of Public Aid)
under this subsection
or for any
other action | ||||||
6 | taken in good faith to comply with the requirements of this
| ||||||
7 | subsection.
| ||||||
8 | (5) No rule adopted by the Department shall be construed, | ||||||
9 | either explicitly or implicitly, as restricting access to | ||||||
10 | vital records by any municipality, county, multicounty, public | ||||||
11 | health district, or regional health officer recognized by the | ||||||
12 | Department for the purposes described in subsections (2) and | ||||||
13 | (3). | ||||||
14 | (Source: P.A. 99-85, eff. 1-1-16 .)
| ||||||
15 | Section 995. No acceleration or delay. Where this Act | ||||||
16 | makes changes in a statute that is represented in this Act by | ||||||
17 | text that is not yet or no longer in effect (for example, a | ||||||
18 | Section represented by multiple versions), the use of that | ||||||
19 | text does not accelerate or delay the taking effect of (i) the | ||||||
20 | changes made by this Act or (ii) provisions derived from any | ||||||
21 | other Public Act.".
|