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1 AN ACT concerning government.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Freedom of Information Act is amended by 
5changing Section 7 as follows:

6 (5 ILCS 140/7) (from Ch. 116, par. 207)
7 Sec. 7. Exemptions.

8 (1) When a request is made to inspect or copy a public 
9record that contains information that is exempt from disclosure 
10under this Section, but also contains information that is not 
11exempt from disclosure, the public body may elect to redact the 
12information that is exempt. The public body shall make the 
13remaining information available for inspection and copying. 
14Subject to this requirement, the following shall be exempt from 
15inspection and copying:


16  (a) Information specifically prohibited from 
17 disclosure by federal or
State law or rules and regulations 
18 implementing federal or State law.


19  (b) Private information, unless disclosure is required 
20 by another provision of this Act, a State or federal law or 
21 a court order. 
22  (b-5) Files, documents, and other data or databases 
23 maintained by one or more law enforcement agencies and 
 
 
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1 specifically designed to provide information to one or more 
2 law enforcement agencies regarding the physical or mental 
3 status of one or more individual subjects. 
4  (c) Personal information contained within public 
5 records, the disclosure of which would constitute a clearly

6 unwarranted invasion of personal privacy, unless the 
7 disclosure is
consented to in writing by the individual 
8 subjects of the information. "Unwarranted invasion of 
9 personal privacy" means the disclosure of information that 
10 is highly personal or objectionable to a reasonable person 
11 and in which the subject's right to privacy outweighs any 
12 legitimate public interest in obtaining the information. 
13 The
disclosure of information that bears on the public 
14 duties of public
employees and officials shall not be 
15 considered an invasion of personal
privacy.


16  (d) Records in the possession of any public body 
17 created in the course of administrative enforcement

18 proceedings, and any law enforcement or correctional 
19 agency for
law enforcement purposes,
but only to the extent 
20 that disclosure would:


21   (i) interfere with pending or actually and 
22 reasonably contemplated
law enforcement proceedings 
23 conducted by any law enforcement or correctional

24 agency that is the recipient of the request;


25   (ii) interfere with active administrative 
26 enforcement proceedings
conducted by the public body 
 
 
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1 that is the recipient of the request;


2   (iii) create a substantial likelihood that a 
3 person will be deprived of a fair trial or an impartial 
4 hearing;


5   (iv) unavoidably disclose the identity of a 
6 confidential source, confidential information 
7 furnished only by the confidential source, or persons 
8 who file complaints with or provide information to 
9 administrative, investigative, law enforcement, or 
10 penal agencies; except that the identities of 
11 witnesses to traffic accidents, traffic accident 
12 reports, and rescue reports shall be provided by 
13 agencies of local government, except when disclosure 
14 would interfere with an active criminal investigation 
15 conducted by the agency that is the recipient of the 
16 request;


17   (v) disclose unique or specialized investigative 
18 techniques other than
those generally used and known or 
19 disclose internal documents of
correctional agencies 
20 related to detection, observation or investigation of

21 incidents of crime or misconduct, and disclosure would 
22 result in demonstrable harm to the agency or public 
23 body that is the recipient of the request;


24   (vi) endanger the life or physical safety of law 
25 enforcement personnel
or any other person; or


26   (vii) obstruct an ongoing criminal investigation 
 
 
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1 by the agency that is the recipient of the request.


2  (d-5) A law enforcement record created for law 
3 enforcement purposes and contained in a shared electronic 
4 record management system if the law enforcement agency that 
5 is the recipient of the request did not create the record, 
6 did not participate in or have a role in any of the events 
7 which are the subject of the record, and only has access to 
8 the record through the shared electronic record management 
9 system. 
10  (e) Records that relate to or affect the security of 
11 correctional
institutions and detention facilities.


12  (e-5) Records requested by persons committed to the 
13 Department of Corrections or a county jail if those 
14 materials are available in the library of the correctional 
15 facility or jail where the inmate is confined. 
16  (e-6) Records requested by persons committed to the 
17 Department of Corrections or a county jail if those 
18 materials include records from staff members' personnel 
19 files, staff rosters, or other staffing assignment 
20 information. 
21  (e-7) Records requested by persons committed to the 
22 Department of Corrections if those materials are available 
23 through an administrative request to the Department of 
24 Corrections. 
25  (e-8) Records requested by a person committed to the 
26 Department of Corrections or a county jail, the disclosure 
 
 
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1 of which would result in the risk of harm to any person or 
2 the risk of an escape from a jail or correctional 
3 institution or facility.
4  (e-9) Records requested by a person in a county jail or 
5 committed to the Department of Corrections containing 
6 personal information pertaining to the person's victim or 
7 the victim's family, including, but not limited to, a 
8 victim's home address, home telephone number, work or 
9 school address, work telephone number, social security 
10 number, or any other identifying information, except as may 
11 be relevant to a requester's current or potential case or 
12 claim. 
13  (e-10) Law enforcement records of other persons 
14 requested by a person committed to the Department of 
15 Corrections or a county jail, including, but not limited 
16 to, arrest and booking records, mug shots, and crime scene 
17 photographs, except as these records may be relevant to the 
18 requester's current or potential case or claim. 
19  (f) Preliminary drafts, notes, recommendations, 
20 memoranda and other
records in which opinions are 
21 expressed, or policies or actions are
formulated, except 
22 that a specific record or relevant portion of a
record 
23 shall not be exempt when the record is publicly cited
and 
24 identified by the head of the public body. The exemption 
25 provided in
this paragraph (f) extends to all those records 
26 of officers and agencies
of the General Assembly that 
 
 
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1 pertain to the preparation of legislative
documents.


2  (g) Trade secrets and commercial or financial 
3 information obtained from
a person or business where the 
4 trade secrets or commercial or financial information are 
5 furnished under a claim that they are
proprietary, 
6 privileged or confidential, and that disclosure of the 
7 trade
secrets or commercial or financial information would 
8 cause competitive harm to the person or business, and only 
9 insofar as the claim directly applies to the records 
10 requested.
11  The information included under this exemption includes 
12 all trade secrets and commercial or financial information 
13 obtained by a public body, including a public pension fund, 
14 from a private equity fund or a privately held company 
15 within the investment portfolio of a private equity fund as 
16 a result of either investing or evaluating a potential 
17 investment of public funds in a private equity fund. The 
18 exemption contained in this item does not apply to the 
19 aggregate financial performance information of a private 
20 equity fund, nor to the identity of the fund's managers or 
21 general partners. The exemption contained in this item does 
22 not apply to the identity of a privately held company 
23 within the investment portfolio of a private equity fund, 
24 unless the disclosure of the identity of a privately held 
25 company may cause competitive harm.
26  Nothing contained in this
paragraph (g) shall be 
 
 
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1 construed to prevent a person or business from
consenting 
2 to disclosure.


3  (h) Proposals and bids for any contract, grant, or 
4 agreement, including
information which if it were 
5 disclosed would frustrate procurement or give
an advantage 
6 to any person proposing to enter into a contractor 
7 agreement
with the body, until an award or final selection 
8 is made. Information
prepared by or for the body in 
9 preparation of a bid solicitation shall be
exempt until an 
10 award or final selection is made.


11  (i) Valuable formulae,
computer geographic systems,

12 designs, drawings and research data obtained or
produced by 
13 any public body when disclosure could reasonably be 
14 expected to
produce private gain or public loss.
The 
15 exemption for "computer geographic systems" provided in 
16 this paragraph
(i) does not extend to requests made by news 
17 media as defined in Section 2 of
this Act when the 
18 requested information is not otherwise exempt and the only

19 purpose of the request is to access and disseminate 
20 information regarding the
health, safety, welfare, or 
21 legal rights of the general public.


22  (j) The following information pertaining to 
23 educational matters:
24   (i) test questions, scoring keys and other 
25 examination data used to
administer an academic 
26 examination;


 
 
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1   (ii) information received by a primary or 
2 secondary school, college, or university under its 
3 procedures for the evaluation of faculty members by 
4 their academic peers; 
5   (iii) information concerning a school or 
6 university's adjudication of student disciplinary 
7 cases, but only to the extent that disclosure would 
8 unavoidably reveal the identity of the student; and
9   (iv) course materials or research materials used 
10 by faculty members. 
11  (k) Architects' plans, engineers' technical 
12 submissions, and
other
construction related technical 
13 documents for
projects not constructed or developed in 
14 whole or in part with public funds
and the same for 
15 projects constructed or developed with public funds, 
16 including but not limited to power generating and 
17 distribution stations and other transmission and 
18 distribution facilities, water treatment facilities, 
19 airport facilities, sport stadiums, convention centers, 
20 and all government owned, operated, or occupied buildings, 
21 but
only to the extent
that disclosure would compromise 
22 security.


23  (l) Minutes of meetings of public bodies closed to the

24 public as provided in the Open Meetings Act until the 
25 public body
makes the minutes available to the public under 
26 Section 2.06 of the Open
Meetings Act.


 
 
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1  (m) Communications between a public body and an 
2 attorney or auditor
representing the public body that would 
3 not be subject to discovery in
litigation, and materials 
4 prepared or compiled by or for a public body in

5 anticipation of a criminal, civil or administrative 
6 proceeding upon the
request of an attorney advising the 
7 public body, and materials prepared or
compiled with 
8 respect to internal audits of public bodies.


9  (n) Records relating to a public body's adjudication of 
10 employee grievances or disciplinary cases; however, this 
11 exemption shall not extend to the final outcome of cases in 
12 which discipline is imposed.


13  (o) Administrative or technical information associated 
14 with automated
data processing operations, including but 
15 not limited to software,
operating protocols, computer 
16 program abstracts, file layouts, source
listings, object 
17 modules, load modules, user guides, documentation

18 pertaining to all logical and physical design of 
19 computerized systems,
employee manuals, and any other 
20 information that, if disclosed, would
jeopardize the 
21 security of the system or its data or the security of

22 materials exempt under this Section.


23  (p) Records relating to collective negotiating matters

24 between public bodies and their employees or 
25 representatives, except that
any final contract or 
26 agreement shall be subject to inspection and copying.


 
 
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1  (q) Test questions, scoring keys, and other 
2 examination data used to determine the qualifications of an 
3 applicant for a license or employment.


4  (r) The records, documents, and information relating 
5 to real estate
purchase negotiations until those 
6 negotiations have been completed or
otherwise terminated. 
7 With regard to a parcel involved in a pending or
actually 
8 and reasonably contemplated eminent domain proceeding 
9 under the Eminent Domain Act, records, documents and

10 information relating to that parcel shall be exempt except 
11 as may be
allowed under discovery rules adopted by the 
12 Illinois Supreme Court. The
records, documents and 
13 information relating to a real estate sale shall be
exempt 
14 until a sale is consummated.


15  (s) Any and all proprietary information and records 
16 related to the
operation of an intergovernmental risk 
17 management association or
self-insurance pool or jointly 
18 self-administered health and accident
cooperative or pool.

19 Insurance or self insurance (including any 
20 intergovernmental risk management association or self 
21 insurance pool) claims, loss or risk management 
22 information, records, data, advice or communications. 

23  (t) Information contained in or related to 
24 examination, operating, or
condition reports prepared by, 
25 on behalf of, or for the use of a public
body responsible 
26 for the regulation or supervision of financial

 
 
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1 institutions or insurance companies, unless disclosure is 
2 otherwise
required by State law.


3  (u) Information that would disclose
or might lead to 
4 the disclosure of
secret or confidential information, 
5 codes, algorithms, programs, or private
keys intended to be 
6 used to create electronic or digital signatures under the

7 Electronic Commerce Security Act.


8  (v) Vulnerability assessments, security measures, and 
9 response policies
or plans that are designed to identify, 
10 prevent, or respond to potential
attacks upon a community's 
11 population or systems, facilities, or installations,
the 
12 destruction or contamination of which would constitute a 
13 clear and present
danger to the health or safety of the 
14 community, but only to the extent that
disclosure could 
15 reasonably be expected to jeopardize the effectiveness of 
16 the
measures or the safety of the personnel who implement 
17 them or the public.
Information exempt under this item may 
18 include such things as details
pertaining to the 
19 mobilization or deployment of personnel or equipment, to 
20 the
operation of communication systems or protocols, or to 
21 tactical operations.


22  (w) (Blank). 
23  (x) Maps and other records regarding the location or 
24 security of generation, transmission, distribution, 
25 storage, gathering,
treatment, or switching facilities 
26 owned by a utility, by a power generator, or by the 
 
 
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1 Illinois Power Agency.


2  (y) Information contained in or related to proposals, 
3 bids, or negotiations related to electric power 
4 procurement under Section 1-75 of the Illinois Power Agency 
5 Act and Section 16-111.5 of the Public Utilities Act that 
6 is determined to be confidential and proprietary by the 
7 Illinois Power Agency or by the Illinois Commerce 
8 Commission.

9  (z) Information about students exempted from 
10 disclosure under Sections 10-20.38 or 34-18.29 of the 
11 School Code, and information about undergraduate students 
12 enrolled at an institution of higher education exempted 
13 from disclosure under Section 25 of the Illinois Credit 
14 Card Marketing Act of 2009. 
15  (aa) Information the disclosure of which is
exempted 
16 under the Viatical Settlements Act of 2009.

17  (bb) Records and information provided to a mortality 
18 review team and records maintained by a mortality review 
19 team appointed under the Department of Juvenile Justice 
20 Mortality Review Team Act. 
21  (cc) Information regarding interments, entombments, or 
22 inurnments of human remains that are submitted to the 
23 Cemetery Oversight Database under the Cemetery Care Act or 
24 the Cemetery Oversight Act, whichever is applicable.
25  (dd) Correspondence and records (i) that may not be 
26 disclosed under Section 11-9 of the Illinois Public Aid 
 
 
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1 Code or (ii) that pertain to appeals under Section 11-8 of 
2 the Illinois Public Aid Code. 
3  (ee) The names, addresses, or other personal 
4 information of persons who are minors and are also 
5 participants and registrants in programs of park 
6 districts, forest preserve districts, conservation 
7 districts, recreation agencies, and special recreation 
8 associations.
9  (ff) The names, addresses, or other personal 
10 information of participants and registrants in programs of 
11 park districts, forest preserve districts, conservation 
12 districts, recreation agencies, and special recreation 
13 associations where such programs are targeted primarily to 
14 minors.
15  (gg) Confidential information described in Section 
16 1-100 of the Illinois Independent Tax Tribunal Act of 2012. 
17  (hh) The report submitted to the State Board of 
18 Education by the School Security and Standards Task Force 
19 under item (8) of subsection (d) of Section 2-3.160 of the 
20 School Code and any information contained in that report. 
21  (ii) Records requested by persons committed to or 
22 detained by the Department of Human Services under the 
23 Sexually Violent Persons Commitment Act or committed to the 
24 Department of Corrections under the Sexually Dangerous 
25 Persons Act if those materials: (i) are available in the 
26 library of the facility where the individual is confined; 
 
 
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1 (ii) include records from staff members' personnel files, 
2 staff rosters, or other staffing assignment information; 
3 or (iii) are available through an administrative request to 
4 the Department of Human Services or the Department of 
5 Corrections.
6  (jj) Confidential information described in Section 
7 5-535 of the Civil Administrative Code of Illinois. 
8 (1.5) Any information exempt from disclosure under the 
9Judicial Privacy Act shall be redacted from public records 
10prior to disclosure under this Act. 
11 (2) A public record that is not in the possession of a 
12public body but is in the possession of a party with whom the 
13agency has contracted to perform a governmental function on 
14behalf of the public body, and that directly relates to the 
15governmental function and is not otherwise exempt under this 
16Act, shall be considered a public record of the public body, 
17for purposes of this Act. 
18 (3) This Section does not authorize withholding of 
19information or limit the
availability of records to the public, 
20except as stated in this Section or
otherwise provided in this 
21Act.


22(Source: P.A. 98-463, eff. 8-16-13; 98-578, eff. 8-27-13; 
2398-695, eff. 7-3-14; 99-298, eff. 8-6-15; 99-346, eff. 1-1-16; 
2499-642, eff. 7-28-16; revised 10-25-16.)