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


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


11  (h) Proposals and bids for any contract, grant, or 
12 agreement, including
information which if it were 
13 disclosed would frustrate procurement or give
an advantage 
14 to any person proposing to enter into a contractor 
15 agreement
with the body, until an award or final selection 
16 is made. Information
prepared by or for the body in 
17 preparation of a bid solicitation shall be
exempt until an 
18 award or final selection is made.


19  (i) Valuable formulae,
computer geographic systems,

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

 
 
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1 purpose of the request is to access and disseminate 
2 information regarding the
health, safety, welfare, or 
3 legal rights of the general public.


4  (j) The following information pertaining to 
5 educational matters:
6   (i) test questions, scoring keys and other 
7 examination data used to
administer an academic 
8 examination;


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


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

6 public as provided in the Open Meetings Act until the 
7 public body
makes the minutes available to the public under 
8 Section 2.06 of the Open
Meetings Act.


9  (m) Communications between a public body and an 
10 attorney or auditor
representing the public body that would 
11 not be subject to discovery in
litigation, and materials 
12 prepared or compiled by or for a public body in

13 anticipation of a criminal, civil or administrative 
14 proceeding upon the
request of an attorney advising the 
15 public body, and materials prepared or
compiled with 
16 respect to internal audits of public bodies.


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


21  (o) Administrative or technical information associated 
22 with automated
data processing operations, including but 
23 not limited to software,
operating protocols, computer 
24 program abstracts, file layouts, source
listings, object 
25 modules, load modules, user guides, documentation

26 pertaining to all logical and physical design of 
 
 
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1 computerized systems,
employee manuals, and any other 
2 information that, if disclosed, would
jeopardize the 
3 security of the system or its data or the security of

4 materials exempt under this Section.


5  (p) Records relating to collective negotiating matters

6 between public bodies and their employees or 
7 representatives, except that
any final contract or 
8 agreement shall be subject to inspection and copying.


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


12  (r) The records, documents, and information relating 
13 to real estate
purchase negotiations until those 
14 negotiations have been completed or
otherwise terminated. 
15 With regard to a parcel involved in a pending or
actually 
16 and reasonably contemplated eminent domain proceeding 
17 under the Eminent Domain Act, records, documents and

18 information relating to that parcel shall be exempt except 
19 as may be
allowed under discovery rules adopted by the 
20 Illinois Supreme Court. The
records, documents and 
21 information relating to a real estate sale shall be
exempt 
22 until a sale is consummated.


23  (s) Any and all proprietary information and records 
24 related to the
operation of an intergovernmental risk 
25 management association or
self-insurance pool or jointly 
26 self-administered health and accident
cooperative or pool.

 
 
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1 Insurance or self insurance (including any 
2 intergovernmental risk management association or self 
3 insurance pool) claims, loss or risk management 
4 information, records, data, advice or communications. 

5  (t) Information contained in or related to 
6 examination, operating, or
condition reports prepared by, 
7 on behalf of, or for the use of a public
body responsible 
8 for the regulation or supervision of financial

9 institutions or insurance companies, unless disclosure is 
10 otherwise
required by State law.


11  (u) Information that would disclose
or might lead to 
12 the disclosure of
secret or confidential information, 
13 codes, algorithms, programs, or private
keys intended to be 
14 used to create electronic or digital signatures under the

15 Electronic Commerce Security Act.


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


4  (w) (Blank). 
5  (x) Maps and other records regarding the location or 
6 security of generation, transmission, distribution, 
7 storage, gathering,
treatment, or switching facilities 
8 owned by a utility, by a power generator, or by the 
9 Illinois Power Agency.


10  (y) Information contained in or related to proposals, 
11 bids, or negotiations related to electric power 
12 procurement under Section 1-75 of the Illinois Power Agency 
13 Act and Section 16-111.5 of the Public Utilities Act that 
14 is determined to be confidential and proprietary by the 
15 Illinois Power Agency or by the Illinois Commerce 
16 Commission.

17  (z) Information about students exempted from 
18 disclosure under Sections 10-20.38 or 34-18.29 of the 
19 School Code, and information about undergraduate students 
20 enrolled at an institution of higher education exempted 
21 from disclosure under Section 25 of the Illinois Credit 
22 Card Marketing Act of 2009. 
23  (aa) Information the disclosure of which is
exempted 
24 under the Viatical Settlements Act of 2009.

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


4(Source: P.A. 99-298, eff. 8-6-15; 99-346, eff. 1-1-16; 99-642, 
5eff. 7-28-16; 100-26, eff. 8-4-17; 100-201, eff. 8-18-17.)


6 Section 99. Effective date. This Act takes effect upon 
7becoming law.