Bill Text: IL SB2523 | 2019-2020 | 101st General Assembly | Introduced

---

Bill Title: Amends the Library Records Confidentiality Act. Provides that information that a library may not publish or make public include a patron's personal identifiable information. Defines "personal identifiable information". Provides that a privacy violation or breach of confidentiality will not have occurred if a library publishes or makes public personal identifiable information with the documented consent of the patron.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB2523 Detail]

Download: Illinois-2019-SB2523-Introduced.html

---

101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB2523 Introduced 1/28/2020, by Sen. Linda Holmes SYNOPSIS AS INTRODUCED:
75 ILCS 70/1 from Ch. 81, par. 1201
Amends the Library Records Confidentiality Act. Provides that information that a library may not publish or make public include a patron's personal identifiable information. Defines "personal identifiable information". Provides that a privacy violation or breach of confidentiality will not have occurred if a library publishes or makes public personal identifiable information with the documented consent of the patron.
LRB101 16617 AWJ 66001 b
A BILL FOR
SB2523 LRB101 16617 AWJ 66001 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Library Records Confidentiality Act is
amended by changing Section 1 as follows:
(75 ILCS 70/1) (from Ch. 81, par. 1201)
Sec. 1. (a) The registration and circulation records of a
library are confidential information. No person shall publish
or make any information, including, but not limited to, a
patron's personal identifiable information, contained in such
records available to the public unless:
(1) required to do so under a court order; or
(2) the information is requested by a sworn law
enforcement officer who represents that it is impractical
to secure a court order as a result of an emergency where
the law enforcement officer has probable cause to believe
that there is an imminent danger of physical harm. The
information requested must be limited to identifying a
suspect, witness, or victim of a crime. The information
requested without a court order may not include the
disclosure of registration or circulation records that
would indicate materials borrowed, resources reviewed, or
services used at the library. If requested to do so by the

SB2523 - 2 - LRB101 16617 AWJ 66001 b
library, the requesting law enforcement officer must sign a
form acknowledging the receipt of the information. A
library providing the information may seek subsequent
judicial review to assess compliance with this Section.
This subsection shall not alter any right to challenge the
use or dissemination of patron information that is otherwise
permitted by law.
(b) This Section does not prevent a library from publishing
or making available to the public reasonable statistical
reports regarding library registration and book circulation
where those reports are presented so that no individual is
identified therein.
(b-5) Nothing in this Section shall be construed as a
privacy violation or a breach of confidentiality if a library:
provides information to a law enforcement officer under item
(2) of subsection (a); or publishes or makes public personal
identifiable information with the documented consent of the
patron.
(c) For the purpose of this Section, (i) "library" means
any public library or library of an educational, historical or
eleemosynary institution, organization or society; (ii)
"registration records" includes any information a library
requires a person to provide in order for that person to become
eligible to borrow books and other materials; and (iii)
"circulation records" includes all information identifying the
individual borrowing particular books or materials; and (iv)

SB2523 - 3 - LRB101 16617 AWJ 66001 b
"personal identifiable information" means one or more of the
following: a patron's complete last and first name, address,
internet protocol address, social security number, complete
telephone number, or email address that directly identifies an
individual.
(Source: P.A. 95-40, eff. 1-1-08.)