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| 1 | AN ACT concerning government. | |||||||||||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||||
| 3 | represented in the General Assembly: | |||||||||||||||||||||||||||
| 4 | Section 5. The Freedom of Information Act is amended by | |||||||||||||||||||||||||||
| 5 | changing Sections 2.15, 3, 6, 7, and 7.5 as follows: | |||||||||||||||||||||||||||
| 6 | (5 ILCS 140/2.15) | |||||||||||||||||||||||||||
| 7 | Sec. 2.15. Arrest reports and criminal history records. | |||||||||||||||||||||||||||
| 8 | (a) Arrest reports. The following chronologically | |||||||||||||||||||||||||||
| 9 | maintained arrest and criminal history records information | |||||||||||||||||||||||||||
| 10 | maintained by State or local criminal justice agencies shall | |||||||||||||||||||||||||||
| 11 | be furnished as soon as practical, but in no event later than | |||||||||||||||||||||||||||
| 12 | 72 hours after the arrest, notwithstanding the time limits | |||||||||||||||||||||||||||
| 13 | otherwise provided for in Section 3 of this Act: (i) | |||||||||||||||||||||||||||
| 14 | information that identifies the individual, including the | |||||||||||||||||||||||||||
| 15 | name, age, address, and photograph, when and if available; | |||||||||||||||||||||||||||
| 16 | (ii) information detailing any charges relating to the arrest; | |||||||||||||||||||||||||||
| 17 | (iii) the time and location of the arrest; (iv) the name of the | |||||||||||||||||||||||||||
| 18 | investigating or arresting law enforcement agency; (v) | |||||||||||||||||||||||||||
| 19 | (blank); and (vi) if the individual is incarcerated, the time | |||||||||||||||||||||||||||
| 20 | and date that the individual was received into, discharged | |||||||||||||||||||||||||||
| 21 | from, or transferred from the arresting agency's custody. | |||||||||||||||||||||||||||
| 22 | (b) Criminal history records. The following documents | |||||||||||||||||||||||||||
| 23 | maintained by a public body pertaining to criminal history | |||||||||||||||||||||||||||
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| 1 | records record information are public records subject to | ||||||
| 2 | inspection and copying by the public pursuant to this Act: (i) | ||||||
| 3 | court records that are public; (ii) records that are otherwise | ||||||
| 4 | available under State or local law; and (iii) records in which | ||||||
| 5 | the requesting party is the individual identified, except as | ||||||
| 6 | provided under Section 7(1)(d)(vi). | ||||||
| 7 | This subsection does not apply to criminal history record | ||||||
| 8 | information as defined in the Illinois Criminal Justice | ||||||
| 9 | Information Act. Criminal history record information is exempt | ||||||
| 10 | from disclosure by (i) the Illinois State Police and (ii) a | ||||||
| 11 | public agency that received criminal history record | ||||||
| 12 | information from the Illinois State Police. | ||||||
| 13 | (c) Information described in items (iii) through (vi) of | ||||||
| 14 | subsection (a) may be withheld if it is determined that | ||||||
| 15 | disclosure would: (i) interfere with pending or actually and | ||||||
| 16 | reasonably contemplated law enforcement proceedings conducted | ||||||
| 17 | by any law enforcement agency; (ii) endanger the life or | ||||||
| 18 | physical safety of law enforcement or correctional personnel | ||||||
| 19 | or any other person; or (iii) compromise the security of any | ||||||
| 20 | correctional facility. | ||||||
| 21 | (d) The provisions of this Section do not supersede the | ||||||
| 22 | confidentiality provisions for law enforcement or arrest | ||||||
| 23 | records of the Juvenile Court Act of 1987. | ||||||
| 24 | (e) Notwithstanding the requirements of subsection (a), a | ||||||
| 25 | law enforcement agency may not publish booking photographs, | ||||||
| 26 | commonly known as "mugshots", on its social networking website | ||||||
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| 1 | in connection with civil offenses, petty offenses, business | ||||||
| 2 | offenses, Class C misdemeanors, and Class B misdemeanors | ||||||
| 3 | unless the booking photograph is posted to the social | ||||||
| 4 | networking website to assist in the search for a missing | ||||||
| 5 | person or to assist in the search for a fugitive, person of | ||||||
| 6 | interest, or individual wanted in relation to a crime other | ||||||
| 7 | than a petty offense, business offense, Class C misdemeanor, | ||||||
| 8 | or Class B misdemeanor. As used in this subsection, "social | ||||||
| 9 | networking website" has the meaning provided in Section 10 of | ||||||
| 10 | the Right to Privacy in the Workplace Act. | ||||||
| 11 | (Source: P.A. 101-433, eff. 8-20-19; 101-652, eff. 1-1-23; | ||||||
| 12 | 102-1104, eff. 1-1-23.) | ||||||
| 13 | (5 ILCS 140/3) (from Ch. 116, par. 203) | ||||||
| 14 | Sec. 3. (a) Each public body shall make available to any | ||||||
| 15 | person for inspection or copying all public records, except as | ||||||
| 16 | otherwise provided in Sections 7 and 8.5 of this Act. | ||||||
| 17 | Notwithstanding any other law, a public body may not grant to | ||||||
| 18 | any person or entity, whether by contract, license, or | ||||||
| 19 | otherwise, the exclusive right to access and disseminate any | ||||||
| 20 | public record as defined in this Act. | ||||||
| 21 | (b) Subject to the fee provisions of Section 6 of this Act, | ||||||
| 22 | each public body shall promptly provide, to any person who | ||||||
| 23 | submits a request, a copy of any public record required to be | ||||||
| 24 | disclosed by subsection (a) of this Section and shall certify | ||||||
| 25 | such copy if so requested. | ||||||
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| 1 | (c) Requests for inspection or copies shall be made in | ||||||
| 2 | writing and directed to the public body. Written requests may | ||||||
| 3 | be submitted to a public body via personal delivery, mail, | ||||||
| 4 | telefax, or other means available to the public body. | ||||||
| 5 | Electronic requests under this Section must appear in their | ||||||
| 6 | entirety within the body of the electronic submission. As a | ||||||
| 7 | cybersecurity measure, no public body shall be required to | ||||||
| 8 | open electronically attached files or hyperlinks to view or | ||||||
| 9 | access details of a request. A public body that receives a | ||||||
| 10 | request that would require the public body to open hyperlinks | ||||||
| 11 | or attached files shall, within 5 business days, notify the | ||||||
| 12 | requester of the requirement that the entirety of an | ||||||
| 13 | electronic request must appear within the body of the | ||||||
| 14 | electronic submission. A public body may honor oral requests | ||||||
| 15 | for inspection or copying. A public body may not require that a | ||||||
| 16 | request be submitted on a standard form or require the | ||||||
| 17 | requester to specify the purpose for a request, except to | ||||||
| 18 | determine whether the records are requested for a commercial | ||||||
| 19 | purpose or whether to grant a request for a fee waiver. All | ||||||
| 20 | requests for inspection and copying received by a public body | ||||||
| 21 | shall immediately be forwarded to its Freedom of Information | ||||||
| 22 | officer or designee. | ||||||
| 23 | (d) Except for requests for records containing video | ||||||
| 24 | records, each Each public body shall, promptly, either comply | ||||||
| 25 | with or deny a request for public records within 5 business | ||||||
| 26 | days after its receipt of the request, unless the time for | ||||||
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| |||||||
| 1 | response is properly extended under subsection (e) of this | ||||||
| 2 | Section. Denial shall be in writing as provided in Section 9 of | ||||||
| 3 | this Act. Failure to comply with a written request, extend the | ||||||
| 4 | time for response, or deny a request within 5 business days | ||||||
| 5 | after its receipt shall be considered a denial of the request. | ||||||
| 6 | A public body that fails to respond to a request within the | ||||||
| 7 | requisite periods in this Section but thereafter provides the | ||||||
| 8 | requester with copies of the requested public records may not | ||||||
| 9 | impose a fee for such copies. A public body that fails to | ||||||
| 10 | respond to a request received may not treat the request as | ||||||
| 11 | unduly burdensome under subsection (g). | ||||||
| 12 | (d-5) Beginning on the effective date of this amendatory | ||||||
| 13 | Act of the 104th General Assembly, a public body that receives | ||||||
| 14 | a request for a record containing video recordings shall | ||||||
| 15 | either comply with or deny a request for a record that includes | ||||||
| 16 | video records within: | ||||||
| 17 | (1) 5 business days after its receipt of the request, | ||||||
| 18 | if the public body received 1,000 or fewer requests under | ||||||
| 19 | this Act in the preceding year; or | ||||||
| 20 | (2) 30 business days after its receipt of the request, | ||||||
| 21 | if the public body received more than 1,000 requests under | ||||||
| 22 | this Act in the preceding year. | ||||||
| 23 | (e) The time for response under this Section may be | ||||||
| 24 | extended by the public body either for not more than 5 business | ||||||
| 25 | days from the original due date for a public body that received | ||||||
| 26 | 1,000 or fewer requests under this Act in the preceding year or | ||||||
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| 1 | for not more than 10 business days from the original due date | ||||||
| 2 | for a public body that received more than 1,000 requests under | ||||||
| 3 | this Act in the preceding year, for any of the following | ||||||
| 4 | reasons: | ||||||
| 5 | (i) the requested records are stored in whole or in | ||||||
| 6 | part at other locations than the office having charge of | ||||||
| 7 | the requested records; | ||||||
| 8 | (ii) the request requires the collection of a | ||||||
| 9 | substantial number of specified records; | ||||||
| 10 | (iii) the request is couched in categorical terms and | ||||||
| 11 | requires an extensive search for the records responsive to | ||||||
| 12 | it; | ||||||
| 13 | (iv) the requested records have not been located in | ||||||
| 14 | the course of routine search and additional efforts are | ||||||
| 15 | being made to locate them; | ||||||
| 16 | (v) the requested records require examination and | ||||||
| 17 | evaluation by personnel having the necessary competence | ||||||
| 18 | and discretion to determine if they are exempt from | ||||||
| 19 | disclosure under Section 7 of this Act or should be | ||||||
| 20 | revealed only with appropriate deletions; | ||||||
| 21 | (vi) the request for records cannot be complied with | ||||||
| 22 | by the public body within the time limits prescribed by | ||||||
| 23 | subsection (d) of this Section without unduly burdening or | ||||||
| 24 | interfering with the operations of the public body; | ||||||
| 25 | (vii) there is a need for consultation, which shall be | ||||||
| 26 | conducted with all practicable speed, with another public | ||||||
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| 1 | body or among 2 or more components of a public body having | ||||||
| 2 | a substantial interest in the determination or in the | ||||||
| 3 | subject matter of the request. | ||||||
| 4 | The person making a request and the public body may agree | ||||||
| 5 | in writing to extend the time for compliance for a period to be | ||||||
| 6 | determined by the parties. If the requester and the public | ||||||
| 7 | body agree to extend the period for compliance, a failure by | ||||||
| 8 | the public body to comply with any previous deadlines shall | ||||||
| 9 | not be treated as a denial of the request for the records. | ||||||
| 10 | (f) When additional time is required for any of the above | ||||||
| 11 | reasons, the public body shall, within 5 business days after | ||||||
| 12 | receipt of the request, notify the person making the request | ||||||
| 13 | of the reasons for the extension and the date by which the | ||||||
| 14 | response will be forthcoming. Failure to respond within the | ||||||
| 15 | time permitted for extension shall be considered a denial of | ||||||
| 16 | the request. A public body that fails to respond to a request | ||||||
| 17 | within the time permitted for extension but thereafter | ||||||
| 18 | provides the requester with copies of the requested public | ||||||
| 19 | records may not impose a fee for those copies. A public body | ||||||
| 20 | that requests an extension and subsequently fails to respond | ||||||
| 21 | to the request may not treat the request as unduly burdensome | ||||||
| 22 | under subsection (g). | ||||||
| 23 | (g) Requests calling for all records falling within a | ||||||
| 24 | category shall be complied with unless compliance with the | ||||||
| 25 | request would be unduly burdensome for the complying public | ||||||
| 26 | body and there is no way to narrow the request and the burden | ||||||
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| 1 | on the public body outweighs the public interest in the | ||||||
| 2 | information. Before invoking this exemption, the public body | ||||||
| 3 | shall extend to the person making the request an opportunity | ||||||
| 4 | to confer with it in an attempt to reduce the request to | ||||||
| 5 | manageable proportions. If any public body responds to a | ||||||
| 6 | categorical request by stating that compliance would unduly | ||||||
| 7 | burden its operation and the conditions described above are | ||||||
| 8 | met, it shall do so in writing, specifying the reasons why it | ||||||
| 9 | would be unduly burdensome and the extent to which compliance | ||||||
| 10 | will so burden the operations of the public body. Such a | ||||||
| 11 | response shall be treated as a denial of the request for | ||||||
| 12 | information. | ||||||
| 13 | Repeated requests from the same person for the same | ||||||
| 14 | records that are unchanged or identical to records previously | ||||||
| 15 | provided or properly denied under this Act shall be deemed | ||||||
| 16 | unduly burdensome under this provision. | ||||||
| 17 | (h) Each public body may promulgate rules and regulations | ||||||
| 18 | in conformity with the provisions of this Section pertaining | ||||||
| 19 | to the availability of records and procedures to be followed, | ||||||
| 20 | including: | ||||||
| 21 | (i) the times and places where such records will be | ||||||
| 22 | made available, and | ||||||
| 23 | (ii) the persons from whom such records may be | ||||||
| 24 | obtained. | ||||||
| 25 | (i) The time periods for compliance or denial of a request | ||||||
| 26 | to inspect or copy records set out in this Section shall not | ||||||
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| 1 | apply to requests for records made for a commercial purpose, | ||||||
| 2 | requests by a recurrent requester, or voluminous requests. | ||||||
| 3 | Such requests shall be subject to the provisions of Sections | ||||||
| 4 | 3.1, 3.2, and 3.6 of this Act, as applicable. | ||||||
| 5 | (j) Within 5 business days after its receipt of the | ||||||
| 6 | request, a public body that has a reasonable belief that a | ||||||
| 7 | request was not submitted by a person may require the | ||||||
| 8 | requester to verify orally or in writing that the requester is | ||||||
| 9 | a person. The deadline for the public body to respond to the | ||||||
| 10 | request shall be tolled until the requester verifies that he | ||||||
| 11 | or she is a person. If the requester fails to verify that he or | ||||||
| 12 | she is a person within 30 days after the public body requests | ||||||
| 13 | such a verification, then the public body may deny the | ||||||
| 14 | request. For purposes of this subsection (j), a public body | ||||||
| 15 | may not require the requester to submit personal information, | ||||||
| 16 | private information, or identifying information to verify that | ||||||
| 17 | the requester is a person. | ||||||
| 18 | (Source: P.A. 104-438, eff. 1-1-26.) | ||||||
| 19 | (5 ILCS 140/6) (from Ch. 116, par. 206) | ||||||
| 20 | Sec. 6. Authority to charge fees. | ||||||
| 21 | (a) Except for records that are audio or video files | ||||||
| 22 | maintained in an electronic format as provided in subsection | ||||||
| 23 | (a-10), when When a person requests a copy of a record | ||||||
| 24 | maintained in an electronic format, the public body shall | ||||||
| 25 | furnish it in the electronic format specified by the | ||||||
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| 1 | requester, if feasible. If it is not feasible to furnish the | ||||||
| 2 | public records in the specified electronic format, then the | ||||||
| 3 | public body shall furnish it in the format in which it is | ||||||
| 4 | maintained by the public body, or in paper format at the option | ||||||
| 5 | of the requester. A public body may charge the requester for | ||||||
| 6 | the actual cost of purchasing the recording medium, whether | ||||||
| 7 | disc, diskette, tape, or other medium. If a request is not a | ||||||
| 8 | request for a commercial purpose or a voluminous request, a | ||||||
| 9 | public body may not charge the requester for the costs of any | ||||||
| 10 | search for and review of the records or other personnel costs | ||||||
| 11 | associated with reproducing the records. Except to the extent | ||||||
| 12 | that the General Assembly expressly provides, statutory fees | ||||||
| 13 | applicable to copies of public records when furnished in a | ||||||
| 14 | paper format shall not be applicable to those records when | ||||||
| 15 | furnished in an electronic format. | ||||||
| 16 | (a-5) Except for records that are audio or video files | ||||||
| 17 | maintained in an electronic format as provided in subsection | ||||||
| 18 | (a-10), if If a voluminous request is for electronic records | ||||||
| 19 | and those records are not in a portable document format (PDF), | ||||||
| 20 | the public body may charge up to $20 for not more than 2 | ||||||
| 21 | megabytes of data, up to $40 for more than 2 but not more than | ||||||
| 22 | 4 megabytes of data, and up to $100 for more than 4 megabytes | ||||||
| 23 | of data. If a voluminous request is for electronic records and | ||||||
| 24 | those records are in a portable document format, the public | ||||||
| 25 | body may charge up to $20 for not more than 80 megabytes of | ||||||
| 26 | data, up to $40 for more than 80 megabytes but not more than | ||||||
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| 1 | 160 megabytes of data, and up to $100 for more than 160 | ||||||
| 2 | megabytes of data. If the responsive electronic records are in | ||||||
| 3 | both a portable document format and not in a portable document | ||||||
| 4 | format, the public body may separate the fees and charge the | ||||||
| 5 | requester under both fee scales. | ||||||
| 6 | (a-10) If a request is made for an audio or video file that | ||||||
| 7 | is maintained in an electronic format, then the public body | ||||||
| 8 | may not charge for the first 60 minutes of staff time to | ||||||
| 9 | prepare the response, which may include, among other things, | ||||||
| 10 | conducting necessary research regarding the request, as well | ||||||
| 11 | as locating, collecting, reviewing, and redacting any | ||||||
| 12 | responsive audio or video files. After the first 60 minutes of | ||||||
| 13 | staff time, the public body may charge the preparation costs | ||||||
| 14 | of the public body's lowest paid staff member employed in a | ||||||
| 15 | position that performs the work to prepare the response. The | ||||||
| 16 | hourly wage shall be based on the public body's payroll | ||||||
| 17 | records on the date of the receipt of the FOIA request and | ||||||
| 18 | shall be charged in increments of 15 minutes with all partial | ||||||
| 19 | increments rounded down to the nearest 15-minute increment. | ||||||
| 20 | Labor costs shall also include an additional 50% of the hourly | ||||||
| 21 | wage of the public body's lowest paid staff member employed in | ||||||
| 22 | a position that performs the work to partially cover the cost | ||||||
| 23 | of fringe benefits, not to exceed the actual cost of fringe | ||||||
| 24 | benefits. Payment will not be required from (i) a crime victim | ||||||
| 25 | who is the subject of the requested audio or video file or (ii) | ||||||
| 26 | a parent, spouse, child, or legal guardian of a deceased | ||||||
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| 1 | person who is the subject of the requested audio or video file. | ||||||
| 2 | It is the obligation of the requesting crime victim or parent, | ||||||
| 3 | spouse, child, or legal guardian of a deceased person to | ||||||
| 4 | provide documentation to establish the requester's | ||||||
| 5 | qualification for the payment exemption under this subsection | ||||||
| 6 | (a-10). If a public body intends to require payment pursuant | ||||||
| 7 | to this subsection (a-10), it must notify the requester within | ||||||
| 8 | 10 business days of receipt of the request of the minimum | ||||||
| 9 | hourly wage that will be applicable to the preparation cost | ||||||
| 10 | calculation and provide an estimate of the personnel hours | ||||||
| 11 | needed to prepare the response. Within 10 business days of | ||||||
| 12 | receipt of the estimate, the requester must notify the public | ||||||
| 13 | body in writing whether they agree to provide payment in the | ||||||
| 14 | estimated amount or do not wish to proceed with the request. | ||||||
| 15 | Upon the public body's receipt of the requester's written | ||||||
| 16 | agreement to provide payment in the estimated amount, the | ||||||
| 17 | public body will respond to the request in accordance with the | ||||||
| 18 | time periods set forth in subsections (d) and (d-5) of Section | ||||||
| 19 | 3 of this Act. If the requester agrees to provide payment, | ||||||
| 20 | after preparation of the response, the public body must | ||||||
| 21 | provide the requester with an accounting of all fees, costs, | ||||||
| 22 | and personnel hours in connection with the audio or video | ||||||
| 23 | request for public records. The requester must provide payment | ||||||
| 24 | within 10 business days of receipt of the accounting, and the | ||||||
| 25 | public body must provide the response within 5 business days | ||||||
| 26 | of receipt of payment. | ||||||
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| 1 | If a public body imposes a fee pursuant to this subsection | ||||||
| 2 | (a-5), it must provide the requester with an accounting of all | ||||||
| 3 | fees, costs, and personnel hours in connection with the | ||||||
| 4 | request for public records. | ||||||
| 5 | (b) Except when a fee is otherwise fixed by statute, each | ||||||
| 6 | public body may charge fees reasonably calculated to reimburse | ||||||
| 7 | its actual cost for reproducing and certifying public records | ||||||
| 8 | and for the use, by any person, of the equipment of the public | ||||||
| 9 | body to copy records. No fees shall be charged for the first 50 | ||||||
| 10 | pages of black and white, letter or legal sized copies | ||||||
| 11 | requested by a requester. The fee for black and white, letter | ||||||
| 12 | or legal sized copies shall not exceed 15 cents per page. If a | ||||||
| 13 | public body provides copies in color or in a size other than | ||||||
| 14 | letter or legal, the public body may not charge more than its | ||||||
| 15 | actual cost for reproducing the records. In calculating its | ||||||
| 16 | actual cost for reproducing records or for the use of the | ||||||
| 17 | equipment of the public body to reproduce records, a public | ||||||
| 18 | body shall not include the costs of any search for and review | ||||||
| 19 | of the records or other personnel costs associated with | ||||||
| 20 | reproducing the records, except for commercial requests as | ||||||
| 21 | provided in subsection (f) of this Section. Such fees shall be | ||||||
| 22 | imposed according to a standard scale of fees, established and | ||||||
| 23 | made public by the body imposing them. The cost for certifying | ||||||
| 24 | a record shall not exceed $1. | ||||||
| 25 | (c) Documents shall be furnished without charge or at a | ||||||
| 26 | reduced charge, as determined by the public body, if the | ||||||
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| 1 | person requesting the documents states the specific purpose | ||||||
| 2 | for the request and indicates that a waiver or reduction of the | ||||||
| 3 | fee is in the public interest. Waiver or reduction of the fee | ||||||
| 4 | is in the public interest if the principal purpose of the | ||||||
| 5 | request is to access and disseminate information regarding the | ||||||
| 6 | health, safety and welfare or the legal rights of the general | ||||||
| 7 | public and is not for the principal purpose of personal or | ||||||
| 8 | commercial benefit. For purposes of this subsection, | ||||||
| 9 | "commercial benefit" shall not apply to requests made by news | ||||||
| 10 | media when the principal purpose of the request is to access | ||||||
| 11 | and disseminate information regarding the health, safety, and | ||||||
| 12 | welfare or the legal rights of the general public. In setting | ||||||
| 13 | the amount of the waiver or reduction, the public body may take | ||||||
| 14 | into consideration the amount of materials requested and the | ||||||
| 15 | cost of copying them. | ||||||
| 16 | (d) The imposition of a fee not consistent with this | ||||||
| 17 | Section subsections (6)(a) and (b) of this Act constitutes a | ||||||
| 18 | denial of access to public records for the purposes of | ||||||
| 19 | judicial review. | ||||||
| 20 | (e) The fee for each abstract of a driver's record shall be | ||||||
| 21 | as provided in Section 6-118 of "The Illinois Vehicle Code", | ||||||
| 22 | approved September 29, 1969, as amended, whether furnished as | ||||||
| 23 | a paper copy or as an electronic copy. | ||||||
| 24 | (f) A public body may charge up to $10 for each hour spent | ||||||
| 25 | by personnel in searching for and retrieving a requested | ||||||
| 26 | record or examining the record for necessary redactions. No | ||||||
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| |||||||
| 1 | fees shall be charged for the first 8 hours spent by personnel | ||||||
| 2 | in searching for or retrieving a requested record. A public | ||||||
| 3 | body may charge the actual cost of retrieving and transporting | ||||||
| 4 | public records from an off-site storage facility when the | ||||||
| 5 | public records are maintained by a third-party storage company | ||||||
| 6 | under contract with the public body. If a public body imposes a | ||||||
| 7 | fee pursuant to this subsection (f), it must provide the | ||||||
| 8 | requester with an accounting of all fees, costs, and personnel | ||||||
| 9 | hours in connection with the request for public records. The | ||||||
| 10 | provisions of this subsection (f) apply only to commercial | ||||||
| 11 | requests. | ||||||
| 12 | (Source: P.A. 97-579, eff. 8-26-11; 98-1129, eff. 12-3-14.) | ||||||
| 13 | (5 ILCS 140/7) | ||||||
| 14 | (Text of Section before amendment by P.A. 104-300) | ||||||
| 15 | Sec. 7. Exemptions. | ||||||
| 16 | (1) When a request is made to inspect or copy a public | ||||||
| 17 | record that contains information that is exempt from | ||||||
| 18 | disclosure under this Section, but also contains information | ||||||
| 19 | that is not exempt from disclosure, the public body may elect | ||||||
| 20 | to redact the information that is exempt. The public body | ||||||
| 21 | shall make the remaining information available for inspection | ||||||
| 22 | and copying. Subject to this requirement, the following shall | ||||||
| 23 | be exempt from inspection and copying: | ||||||
| 24 | (a) Information specifically prohibited from | ||||||
| 25 | disclosure by federal or State law or rules and | ||||||
| |||||||
| |||||||
| 1 | regulations implementing federal or State law. | ||||||
| 2 | (b) Private information, unless disclosure is required | ||||||
| 3 | by another provision of this Act, a State or federal law, | ||||||
| 4 | or a court order. | ||||||
| 5 | (b-5) Files, documents, and other data or databases | ||||||
| 6 | maintained by one or more law enforcement agencies and | ||||||
| 7 | specifically designed to provide information to one or | ||||||
| 8 | more law enforcement agencies regarding the physical or | ||||||
| 9 | mental status of one or more individual subjects. | ||||||
| 10 | (c) Personal information contained within public | ||||||
| 11 | records, the disclosure of which would constitute a | ||||||
| 12 | clearly unwarranted invasion of personal privacy, unless | ||||||
| 13 | the disclosure is consented to in writing by the | ||||||
| 14 | individual subjects of the information. "Unwarranted | ||||||
| 15 | invasion of personal privacy" means the disclosure of | ||||||
| 16 | information that is highly personal or objectionable to a | ||||||
| 17 | reasonable person and in which the subject's right to | ||||||
| 18 | privacy outweighs any legitimate public interest in | ||||||
| 19 | obtaining the information. The disclosure of information | ||||||
| 20 | that bears on the public duties of public employees and | ||||||
| 21 | officials shall not be considered an invasion of personal | ||||||
| 22 | privacy. | ||||||
| 23 | (d) Records in the possession of any public body | ||||||
| 24 | created in the course of administrative enforcement | ||||||
| 25 | proceedings, and any law enforcement or correctional | ||||||
| 26 | agency for law enforcement purposes, but only to the | ||||||
| |||||||
| |||||||
| 1 | extent that disclosure would: | ||||||
| 2 | (i) interfere with pending or actually and | ||||||
| 3 | reasonably contemplated law enforcement proceedings | ||||||
| 4 | conducted by any law enforcement or correctional | ||||||
| 5 | agency that is the recipient of the request; | ||||||
| 6 | (ii) interfere with active administrative | ||||||
| 7 | enforcement proceedings conducted by the public body | ||||||
| 8 | that is the recipient of the request; | ||||||
| 9 | (iii) create a substantial likelihood that a | ||||||
| 10 | person will be deprived of a fair trial or an impartial | ||||||
| 11 | hearing; | ||||||
| 12 | (iv) unavoidably disclose the identity of a | ||||||
| 13 | confidential source, confidential information | ||||||
| 14 | furnished only by the confidential source, or persons | ||||||
| 15 | who file complaints with or provide information to | ||||||
| 16 | administrative, investigative, law enforcement, or | ||||||
| 17 | penal agencies; except that the identities of | ||||||
| 18 | witnesses to traffic crashes, traffic crash reports, | ||||||
| 19 | and rescue reports shall be provided by agencies of | ||||||
| 20 | local government, except when disclosure would | ||||||
| 21 | interfere with an active criminal investigation | ||||||
| 22 | conducted by the agency that is the recipient of the | ||||||
| 23 | request; | ||||||
| 24 | (v) disclose unique or specialized investigative | ||||||
| 25 | techniques other than those generally used and known | ||||||
| 26 | or disclose internal documents of correctional | ||||||
| |||||||
| |||||||
| 1 | agencies related to detection, observation, or | ||||||
| 2 | investigation of incidents of crime or misconduct, and | ||||||
| 3 | disclosure would result in demonstrable harm to the | ||||||
| 4 | agency or public body that is the recipient of the | ||||||
| 5 | request; | ||||||
| 6 | (vi) endanger the life or physical safety of law | ||||||
| 7 | enforcement personnel or any other person; or | ||||||
| 8 | (vii) obstruct an ongoing criminal investigation | ||||||
| 9 | by the agency that is the recipient of the request. | ||||||
| 10 | (d-5) A law enforcement record created for law | ||||||
| 11 | enforcement purposes and contained in a shared electronic | ||||||
| 12 | record management system if the law enforcement agency or | ||||||
| 13 | criminal justice agency that is the recipient of the | ||||||
| 14 | request did not create the record, did not participate in | ||||||
| 15 | or have a role in any of the events which are the subject | ||||||
| 16 | of the record, and only has access to the record through | ||||||
| 17 | the shared electronic record management system. As used in | ||||||
| 18 | this subsection (d-5), "criminal justice agency" means the | ||||||
| 19 | Illinois Criminal Justice Information Authority or the | ||||||
| 20 | Illinois Sentencing Policy Advisory Council. | ||||||
| 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 | (d-7) Information gathered or records created from the | ||||||
| 3 | use of automatic license plate readers in connection with | ||||||
| 4 | Section 2-130 of the Illinois Vehicle Code. | ||||||
| 5 | (d-8) Records containing law enforcement in-car camera | ||||||
| 6 | and officer-worn body camera video and audio recordings | ||||||
| 7 | that a public body received from another public body. | ||||||
| 8 | (e) Records that relate to or affect the security of | ||||||
| 9 | correctional institutions and detention facilities. | ||||||
| 10 | (e-5) 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 are available in the library of the correctional | ||||||
| 14 | institution or facility or jail where the inmate is | ||||||
| 15 | confined. | ||||||
| 16 | (e-6) Records requested by persons committed to the | ||||||
| 17 | Department of Corrections, Department of Human Services | ||||||
| 18 | Division of Mental Health, or a county jail if those | ||||||
| 19 | materials include records from staff members' personnel | ||||||
| 20 | files, staff rosters, or other staffing assignment | ||||||
| 21 | information. | ||||||
| 22 | (e-7) Records requested by persons committed to the | ||||||
| 23 | Department of Corrections or Department of Human Services | ||||||
| 24 | Division of Mental Health if those materials are available | ||||||
| 25 | through an administrative request to the Department of | ||||||
| 26 | Corrections or Department of Human Services Division of | ||||||
| |||||||
| |||||||
| 1 | Mental Health. | ||||||
| 2 | (e-8) Records requested by a person committed to the | ||||||
| 3 | Department of Corrections, Department of Human Services | ||||||
| 4 | Division of Mental Health, or a county jail, the | ||||||
| 5 | disclosure of which would result in the risk of harm to any | ||||||
| 6 | person or the risk of an escape from a jail or correctional | ||||||
| 7 | institution or facility. | ||||||
| 8 | (e-9) Records requested by a person in a county jail | ||||||
| 9 | or committed to the Department of Corrections or | ||||||
| 10 | Department of Human Services Division of Mental Health, | ||||||
| 11 | containing personal information pertaining to the person's | ||||||
| 12 | victim or the victim's family, including, but not limited | ||||||
| 13 | to, a victim's home address, home telephone number, work | ||||||
| 14 | or school address, work telephone number, social security | ||||||
| 15 | number, or any other identifying information, except as | ||||||
| 16 | may be relevant to a requester's current or potential case | ||||||
| 17 | or claim. | ||||||
| 18 | (e-10) Law enforcement records of other persons | ||||||
| 19 | requested by a person committed to the Department of | ||||||
| 20 | Corrections, Department of Human Services Division of | ||||||
| 21 | Mental Health, or a county jail, including, but not | ||||||
| 22 | limited to, arrest and booking records, mug shots, and | ||||||
| 23 | crime scene photographs, except as these records may be | ||||||
| 24 | relevant to the requester's current or potential case or | ||||||
| 25 | claim. | ||||||
| 26 | (f) Preliminary drafts, notes, recommendations, | ||||||
| |||||||
| |||||||
| 1 | memoranda, and other records in which opinions are | ||||||
| 2 | expressed, or policies or actions are formulated, except | ||||||
| 3 | that a specific record or relevant portion of a record | ||||||
| 4 | shall not be exempt when the record is publicly cited and | ||||||
| 5 | identified by the head of the public body. The exemption | ||||||
| 6 | provided in this paragraph (f) extends to all those | ||||||
| 7 | records of officers and agencies of the General Assembly | ||||||
| 8 | that pertain to the preparation of legislative documents. | ||||||
| 9 | (g) Trade secrets and commercial or financial | ||||||
| 10 | information obtained from a person or business where the | ||||||
| 11 | trade secrets or commercial or financial information are | ||||||
| 12 | furnished under a claim that they are proprietary, | ||||||
| 13 | privileged, or confidential, and that disclosure of the | ||||||
| 14 | trade secrets or commercial or financial information would | ||||||
| 15 | cause competitive harm to the person or business, and only | ||||||
| 16 | insofar as the claim directly applies to the records | ||||||
| 17 | requested. | ||||||
| 18 | The information included under this exemption includes | ||||||
| 19 | all trade secrets and commercial or financial information | ||||||
| 20 | obtained by a public body, including a public pension | ||||||
| 21 | fund, from a private equity fund or a privately held | ||||||
| 22 | company within the investment portfolio of a private | ||||||
| 23 | equity fund as a result of either investing or evaluating | ||||||
| 24 | a potential investment of public funds in a private equity | ||||||
| 25 | fund. The exemption contained in this item does not apply | ||||||
| 26 | to the aggregate financial performance information of a | ||||||
| |||||||
| |||||||
| 1 | private equity fund, nor to the identity of the fund's | ||||||
| 2 | managers or general partners. The exemption contained in | ||||||
| 3 | this item does not apply to the identity of a privately | ||||||
| 4 | held company within the investment portfolio of a private | ||||||
| 5 | equity fund, unless the disclosure of the identity of a | ||||||
| 6 | privately held company may cause competitive harm. | ||||||
| 7 | Nothing contained in this paragraph (g) shall be | ||||||
| 8 | construed to prevent a person or business from consenting | ||||||
| 9 | to disclosure. | ||||||
| 10 | (h) Proposals and bids for any contract, grant, or | ||||||
| 11 | agreement, including information which if it were | ||||||
| 12 | disclosed would frustrate procurement or give an advantage | ||||||
| 13 | to any person proposing to enter into a contractor | ||||||
| 14 | agreement with the body, until an award or final selection | ||||||
| 15 | is made. Information prepared by or for the body in | ||||||
| 16 | preparation of a bid solicitation shall be exempt until an | ||||||
| 17 | award or final selection is made. | ||||||
| 18 | (i) Valuable formulae, computer geographic systems, | ||||||
| 19 | designs, drawings, and research data obtained or produced | ||||||
| 20 | by any public body when disclosure could reasonably be | ||||||
| 21 | expected to produce private gain or public loss. The | ||||||
| 22 | exemption for "computer geographic systems" provided in | ||||||
| 23 | this paragraph (i) does not extend to requests made by | ||||||
| 24 | news media as defined in Section 2 of this Act when the | ||||||
| 25 | requested information is not otherwise exempt and the only | ||||||
| 26 | purpose of the request is to access and disseminate | ||||||
| |||||||
| |||||||
| 1 | information regarding the health, safety, welfare, or | ||||||
| 2 | legal rights of the general public. | ||||||
| 3 | (j) The following information pertaining to | ||||||
| 4 | educational matters: | ||||||
| 5 | (i) test questions, scoring keys, and other | ||||||
| 6 | examination data used to administer an academic | ||||||
| 7 | examination; | ||||||
| 8 | (ii) information received by a primary or | ||||||
| 9 | secondary school, college, or university under its | ||||||
| 10 | procedures for the evaluation of faculty members by | ||||||
| 11 | their academic peers; | ||||||
| 12 | (iii) information concerning a school or | ||||||
| 13 | university's adjudication of student disciplinary | ||||||
| 14 | cases, but only to the extent that disclosure would | ||||||
| 15 | unavoidably reveal the identity of the student; and | ||||||
| 16 | (iv) course materials or research materials used | ||||||
| 17 | by faculty members. | ||||||
| 18 | (k) Architects' plans, engineers' technical | ||||||
| 19 | submissions, and other construction related technical | ||||||
| 20 | documents for projects not constructed or developed in | ||||||
| 21 | whole or in part with public funds and the same for | ||||||
| 22 | projects constructed or developed with public funds, | ||||||
| 23 | including, but not limited to, power generating and | ||||||
| 24 | distribution stations and other transmission and | ||||||
| 25 | distribution facilities, water treatment facilities, | ||||||
| 26 | airport facilities, sport stadiums, convention centers, | ||||||
| |||||||
| |||||||
| 1 | and all government owned, operated, or occupied buildings, | ||||||
| 2 | but only to the extent that disclosure would compromise | ||||||
| 3 | security. | ||||||
| 4 | (l) Minutes of meetings of public bodies closed to the | ||||||
| 5 | public as provided in the Open Meetings Act until the | ||||||
| 6 | public body makes the minutes available to the public | ||||||
| 7 | under Section 2.06 of the Open Meetings Act. | ||||||
| 8 | (m) Communications between a public body and an | ||||||
| 9 | attorney or auditor representing the public body that | ||||||
| 10 | would not be subject to discovery in litigation, and | ||||||
| 11 | materials prepared or compiled by or for a public body in | ||||||
| 12 | anticipation of a criminal, civil, or administrative | ||||||
| 13 | proceeding upon the request of an attorney advising the | ||||||
| 14 | public body, and materials prepared or compiled with | ||||||
| 15 | respect to internal audits of public bodies. | ||||||
| 16 | (n) Records relating to a public body's adjudication | ||||||
| 17 | of employee grievances or disciplinary cases; however, | ||||||
| 18 | this exemption shall not extend to the final outcome of | ||||||
| 19 | cases in which discipline is imposed. | ||||||
| 20 | (o) Administrative or technical information associated | ||||||
| 21 | with automated data processing operations, including, but | ||||||
| 22 | not limited to, software, operating protocols, computer | ||||||
| 23 | program abstracts, file layouts, source listings, object | ||||||
| 24 | modules, load modules, user guides, documentation | ||||||
| 25 | pertaining to all logical and physical design of | ||||||
| 26 | computerized systems, employee manuals, and any other | ||||||
| |||||||
| |||||||
| 1 | information that, if disclosed, would jeopardize the | ||||||
| 2 | security of the system or its data or the security of | ||||||
| 3 | materials exempt under this Section. | ||||||
| 4 | (p) Records relating to collective negotiating matters | ||||||
| 5 | between public bodies and their employees or | ||||||
| 6 | representatives, except that any final contract or | ||||||
| 7 | agreement shall be subject to inspection and copying. | ||||||
| 8 | (q) Test questions, scoring keys, and other | ||||||
| 9 | examination data used to determine the qualifications of | ||||||
| 10 | an applicant for a license or employment. | ||||||
| 11 | (r) The records, documents, and information relating | ||||||
| 12 | to real estate purchase negotiations until those | ||||||
| 13 | negotiations have been completed or otherwise terminated. | ||||||
| 14 | With regard to a parcel involved in a pending or actually | ||||||
| 15 | and reasonably contemplated eminent domain proceeding | ||||||
| 16 | under the Eminent Domain Act, records, documents, and | ||||||
| 17 | information relating to that parcel shall be exempt except | ||||||
| 18 | as may be allowed under discovery rules adopted by the | ||||||
| 19 | Illinois Supreme Court. The records, documents, and | ||||||
| 20 | information relating to a real estate sale shall be exempt | ||||||
| 21 | until a sale is consummated. | ||||||
| 22 | (s) Any and all proprietary information and records | ||||||
| 23 | related to the operation of an intergovernmental risk | ||||||
| 24 | management association or self-insurance pool or jointly | ||||||
| 25 | self-administered health and accident cooperative or pool. | ||||||
| 26 | Insurance or self-insurance (including any | ||||||
| |||||||
| |||||||
| 1 | intergovernmental risk management association or | ||||||
| 2 | self-insurance pool) claims, loss or risk management | ||||||
| 3 | information, records, data, advice, or communications. | ||||||
| 4 | (t) Information contained in or related to | ||||||
| 5 | examination, operating, or condition reports prepared by, | ||||||
| 6 | on behalf of, or for the use of a public body responsible | ||||||
| 7 | for the regulation or supervision of financial | ||||||
| 8 | institutions, insurance companies, or pharmacy benefit | ||||||
| 9 | managers, unless disclosure is otherwise required by State | ||||||
| 10 | 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 | ||||||
| 14 | be used to create electronic signatures under the Uniform | ||||||
| 15 | Electronic Transactions 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 | ||||||
| 19 | community's population or systems, facilities, or | ||||||
| 20 | installations, but only to the extent that disclosure | ||||||
| 21 | could reasonably be expected to expose the vulnerability | ||||||
| 22 | or jeopardize the effectiveness of the measures, policies, | ||||||
| 23 | or plans, or the safety of the personnel who implement | ||||||
| 24 | them or the public. Information exempt under this item may | ||||||
| 25 | include such things as details pertaining to the | ||||||
| 26 | mobilization or deployment of personnel or equipment, to | ||||||
| |||||||
| |||||||
| 1 | the operation of communication systems or protocols, to | ||||||
| 2 | cybersecurity vulnerabilities, or to tactical operations. | ||||||
| 3 | (w) (Blank). | ||||||
| 4 | (x) Maps and other records regarding the location or | ||||||
| 5 | security of generation, transmission, distribution, | ||||||
| 6 | storage, gathering, treatment, or switching facilities | ||||||
| 7 | owned by a utility, by a power generator, or by the | ||||||
| 8 | Illinois Power Agency. | ||||||
| 9 | (y) Information contained in or related to proposals, | ||||||
| 10 | bids, or negotiations related to electric power | ||||||
| 11 | procurement under Section 1-75 of the Illinois Power | ||||||
| 12 | Agency Act and Section 16-111.5 of the Public Utilities | ||||||
| 13 | Act that is determined to be confidential and proprietary | ||||||
| 14 | by the Illinois Power Agency or by the Illinois Commerce | ||||||
| 15 | Commission. | ||||||
| 16 | (z) Information about students exempted from | ||||||
| 17 | disclosure under Section 10-20.38 or 34-18.29 of the | ||||||
| 18 | School Code, and information about undergraduate students | ||||||
| 19 | enrolled at an institution of higher education exempted | ||||||
| 20 | from disclosure under Section 25 of the Illinois Credit | ||||||
| 21 | Card Marketing Act of 2009. | ||||||
| 22 | (aa) Information the disclosure of which is exempted | ||||||
| 23 | under the Viatical Settlements Act of 2009. | ||||||
| 24 | (bb) Records and information provided to a mortality | ||||||
| 25 | review team and records maintained by a mortality review | ||||||
| 26 | team appointed under the Department of Juvenile Justice | ||||||
| |||||||
| |||||||
| 1 | Mortality Review Team Act. | ||||||
| 2 | (cc) Information regarding interments, entombments, or | ||||||
| 3 | inurnments of human remains that are submitted to the | ||||||
| 4 | Cemetery Oversight Database under the Cemetery Care Act or | ||||||
| 5 | the Cemetery Oversight Act, whichever is applicable. | ||||||
| 6 | (dd) Correspondence and records (i) that may not be | ||||||
| 7 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
| 8 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
| 9 | the Illinois Public Aid Code. | ||||||
| 10 | (ee) The names, addresses, or other personal | ||||||
| 11 | information of persons who are minors and are also | ||||||
| 12 | participants and registrants in programs of park | ||||||
| 13 | districts, forest preserve districts, conservation | ||||||
| 14 | districts, recreation agencies, and special recreation | ||||||
| 15 | associations. | ||||||
| 16 | (ff) The names, addresses, or other personal | ||||||
| 17 | information of participants and registrants in programs of | ||||||
| 18 | park districts, forest preserve districts, conservation | ||||||
| 19 | districts, recreation agencies, and special recreation | ||||||
| 20 | associations where such programs are targeted primarily to | ||||||
| 21 | minors. | ||||||
| 22 | (gg) Confidential information described in Section | ||||||
| 23 | 1-100 of the Illinois Independent Tax Tribunal Act of | ||||||
| 24 | 2012. | ||||||
| 25 | (hh) The report submitted to the State Board of | ||||||
| 26 | Education by the School Security and Standards Task Force | ||||||
| |||||||
| |||||||
| 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 | ||||||
| 6 | the 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 | ||||||
| 12 | to 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 | (kk) The public body's credit card numbers, debit card | ||||||
| 17 | numbers, bank account numbers, Federal Employer | ||||||
| 18 | Identification Number, security code numbers, passwords, | ||||||
| 19 | and similar account information, the disclosure of which | ||||||
| 20 | could result in identity theft or impression or defrauding | ||||||
| 21 | of a governmental entity or a person. | ||||||
| 22 | (ll) Records concerning the work of the threat | ||||||
| 23 | assessment team of a school district, including, but not | ||||||
| 24 | limited to, any threat assessment procedure under the | ||||||
| 25 | School Safety Drill Act and any information contained in | ||||||
| 26 | the procedure. | ||||||
| |||||||
| |||||||
| 1 | (mm) Information prohibited from being disclosed under | ||||||
| 2 | subsections (a) and (b) of Section 15 of the Student | ||||||
| 3 | Confidential Reporting Act. | ||||||
| 4 | (nn) Proprietary information submitted to the | ||||||
| 5 | Environmental Protection Agency under the Drug Take-Back | ||||||
| 6 | Act. | ||||||
| 7 | (oo) Records described in subsection (f) of Section | ||||||
| 8 | 3-5-1 of the Unified Code of Corrections. | ||||||
| 9 | (pp) Any and all information regarding burials, | ||||||
| 10 | interments, or entombments of human remains as required to | ||||||
| 11 | be reported to the Department of Natural Resources | ||||||
| 12 | pursuant either to the Archaeological and Paleontological | ||||||
| 13 | Resources Protection Act or the Human Remains Protection | ||||||
| 14 | Act. | ||||||
| 15 | (qq) Reports described in subsection (e) of Section | ||||||
| 16 | 16-15 of the Abortion Care Clinical Training Program Act. | ||||||
| 17 | (rr) Information obtained by a certified local health | ||||||
| 18 | department under the Access to Public Health Data Act. | ||||||
| 19 | (ss) For a request directed to a public body that is | ||||||
| 20 | also a HIPAA-covered entity, all information that is | ||||||
| 21 | protected health information, including demographic | ||||||
| 22 | information, that may be contained within or extracted | ||||||
| 23 | from any record held by the public body in compliance with | ||||||
| 24 | State and federal medical privacy laws and regulations, | ||||||
| 25 | including, but not limited to, the Health Insurance | ||||||
| 26 | Portability and Accountability Act and its regulations, 45 | ||||||
| |||||||
| |||||||
| 1 | CFR Parts 160 and 164. As used in this paragraph, | ||||||
| 2 | "HIPAA-covered entity" has the meaning given to the term | ||||||
| 3 | "covered entity" in 45 CFR 160.103 and "protected health | ||||||
| 4 | information" has the meaning given to that term in 45 CFR | ||||||
| 5 | 160.103. | ||||||
| 6 | (tt) Proposals or bids submitted by engineering | ||||||
| 7 | consultants in response to requests for proposal or other | ||||||
| 8 | competitive bidding requests by the Department of | ||||||
| 9 | Transportation or the Illinois Toll Highway Authority. | ||||||
| 10 | (uu) Documents that, pursuant to the State of | ||||||
| 11 | Illinois' 1987 Agreement with the U.S. Nuclear Regulatory | ||||||
| 12 | Commission and the corresponding requirement to maintain | ||||||
| 13 | compatibility with the National Materials Program, have | ||||||
| 14 | been determined to be security sensitive. These documents | ||||||
| 15 | include information classified as safeguards, | ||||||
| 16 | safeguards-modified, and sensitive unclassified | ||||||
| 17 | nonsafeguards information, as identified in U.S. Nuclear | ||||||
| 18 | Regulatory Commission regulatory information summaries, | ||||||
| 19 | security advisories, and other applicable communications | ||||||
| 20 | or regulations related to the control and distribution of | ||||||
| 21 | security sensitive information. | ||||||
| 22 | (vv) Records concerning the work of the threat | ||||||
| 23 | assessment team of a law enforcement agency, including, | ||||||
| 24 | but not limited to, any threat assessment procedure, any | ||||||
| 25 | information contained in the threat assessment procedure, | ||||||
| 26 | and any findings or recommendations. | ||||||
| |||||||
| |||||||
| 1 | (1.5) Any information exempt from disclosure under the | ||||||
| 2 | Judicial Privacy Act shall be redacted from public records | ||||||
| 3 | prior to disclosure under this Act. | ||||||
| 4 | (1.6) Any information exempt from disclosure under the | ||||||
| 5 | Public Official Safety and Privacy Act shall be redacted from | ||||||
| 6 | public records prior to disclosure under this Act. | ||||||
| 7 | (1.7) Any information exempt from disclosure under | ||||||
| 8 | paragraph (3.5) of Section 9-15 of the Election Code shall be | ||||||
| 9 | redacted from public records prior to disclosure under this | ||||||
| 10 | Act. | ||||||
| 11 | (2) A public record that is not in the possession of a | ||||||
| 12 | public body but is in the possession of a party with whom the | ||||||
| 13 | agency has contracted to perform a governmental function on | ||||||
| 14 | behalf of the public body, and that directly relates to the | ||||||
| 15 | governmental function and is not otherwise exempt under this | ||||||
| 16 | Act, shall be considered a public record of the public body, | ||||||
| 17 | for purposes of this Act. | ||||||
| 18 | (3) This Section does not authorize withholding of | ||||||
| 19 | information or limit the availability of records to the | ||||||
| 20 | public, except as stated in this Section or otherwise provided | ||||||
| 21 | in this Act. | ||||||
| 22 | (Source: P.A. 103-154, eff. 6-30-23; 103-423, eff. 1-1-24; | ||||||
| 23 | 103-446, eff. 8-4-23; 103-462, eff. 8-4-23; 103-540, eff. | ||||||
| 24 | 1-1-24; 103-554, eff. 1-1-24; 103-605, eff. 7-1-24; 103-865, | ||||||
| 25 | eff. 1-1-25; 104-438, eff. 1-1-26; 104-443, eff. 1-1-26; | ||||||
| 26 | revised 1-7-26.) | ||||||
| |||||||
| |||||||
| 1 | (Text of Section after amendment by P.A. 104-300) | ||||||
| 2 | Sec. 7. Exemptions. | ||||||
| 3 | (1) When a request is made to inspect or copy a public | ||||||
| 4 | record that contains information that is exempt from | ||||||
| 5 | disclosure under this Section, but also contains information | ||||||
| 6 | that is not exempt from disclosure, the public body may elect | ||||||
| 7 | to redact the information that is exempt. The public body | ||||||
| 8 | shall make the remaining information available for inspection | ||||||
| 9 | and copying. Subject to this requirement, the following shall | ||||||
| 10 | be exempt from inspection and copying: | ||||||
| 11 | (a) Records created or compiled by a State public | ||||||
| 12 | defender agency or commission subject to the State Public | ||||||
| 13 | Defender Act that contain: individual client identity; | ||||||
| 14 | individual case file information; individual investigation | ||||||
| 15 | records and other records that are otherwise subject to | ||||||
| 16 | attorney-client privilege; records that would not be | ||||||
| 17 | discoverable in litigation; records under Section 2.15; | ||||||
| 18 | training materials; records related to attorney | ||||||
| 19 | consultation and representation strategy; or any of the | ||||||
| 20 | above concerning clients of county public defenders or | ||||||
| 21 | other defender agencies and firms. This exclusion does not | ||||||
| 22 | apply to deidentified, aggregated, administrative records, | ||||||
| 23 | such as general case processing and workload information. | ||||||
| 24 | (a-5) Information specifically prohibited from | ||||||
| 25 | disclosure by federal or State law or rules and | ||||||
| |||||||
| |||||||
| 1 | regulations implementing federal or State law. | ||||||
| 2 | (b) Private information, unless disclosure is required | ||||||
| 3 | by another provision of this Act, a State or federal law, | ||||||
| 4 | or a court order. | ||||||
| 5 | (b-5) Files, documents, and other data or databases | ||||||
| 6 | maintained by one or more law enforcement agencies and | ||||||
| 7 | specifically designed to provide information to one or | ||||||
| 8 | more law enforcement agencies regarding the physical or | ||||||
| 9 | mental status of one or more individual subjects. | ||||||
| 10 | (c) Personal information contained within public | ||||||
| 11 | records, the disclosure of which would constitute a | ||||||
| 12 | clearly unwarranted invasion of personal privacy, unless | ||||||
| 13 | the disclosure is consented to in writing by the | ||||||
| 14 | individual subjects of the information. "Unwarranted | ||||||
| 15 | invasion of personal privacy" means the disclosure of | ||||||
| 16 | information that is highly personal or objectionable to a | ||||||
| 17 | reasonable person and in which the subject's right to | ||||||
| 18 | privacy outweighs any legitimate public interest in | ||||||
| 19 | obtaining the information. The disclosure of information | ||||||
| 20 | that bears on the public duties of public employees and | ||||||
| 21 | officials shall not be considered an invasion of personal | ||||||
| 22 | privacy. | ||||||
| 23 | (d) Records in the possession of any public body | ||||||
| 24 | created in the course of administrative enforcement | ||||||
| 25 | proceedings, and any law enforcement or correctional | ||||||
| 26 | agency for law enforcement purposes, but only to the | ||||||
| |||||||
| |||||||
| 1 | extent that disclosure would: | ||||||
| 2 | (i) interfere with pending or actually and | ||||||
| 3 | reasonably contemplated law enforcement proceedings | ||||||
| 4 | conducted by any law enforcement or correctional | ||||||
| 5 | agency that is the recipient of the request; | ||||||
| 6 | (ii) interfere with active administrative | ||||||
| 7 | enforcement proceedings conducted by the public body | ||||||
| 8 | that is the recipient of the request; | ||||||
| 9 | (iii) create a substantial likelihood that a | ||||||
| 10 | person will be deprived of a fair trial or an impartial | ||||||
| 11 | hearing; | ||||||
| 12 | (iv) unavoidably disclose the identity of a | ||||||
| 13 | confidential source, confidential information | ||||||
| 14 | furnished only by the confidential source, or persons | ||||||
| 15 | who file complaints with or provide information to | ||||||
| 16 | administrative, investigative, law enforcement, or | ||||||
| 17 | penal agencies; except that the identities of | ||||||
| 18 | witnesses to traffic crashes, traffic crash reports, | ||||||
| 19 | and rescue reports shall be provided by agencies of | ||||||
| 20 | local government, except when disclosure would | ||||||
| 21 | interfere with an active criminal investigation | ||||||
| 22 | conducted by the agency that is the recipient of the | ||||||
| 23 | request; | ||||||
| 24 | (v) disclose unique or specialized investigative | ||||||
| 25 | techniques other than those generally used and known | ||||||
| 26 | or disclose internal documents of correctional | ||||||
| |||||||
| |||||||
| 1 | agencies related to detection, observation, or | ||||||
| 2 | investigation of incidents of crime or misconduct, and | ||||||
| 3 | disclosure would result in demonstrable harm to the | ||||||
| 4 | agency or public body that is the recipient of the | ||||||
| 5 | request; | ||||||
| 6 | (vi) endanger the life or physical safety of law | ||||||
| 7 | enforcement personnel or any other person; or | ||||||
| 8 | (vii) obstruct an ongoing criminal investigation | ||||||
| 9 | by the agency that is the recipient of the request. | ||||||
| 10 | (d-5) A law enforcement record created for law | ||||||
| 11 | enforcement purposes and contained in a shared electronic | ||||||
| 12 | record management system if the law enforcement agency or | ||||||
| 13 | criminal justice agency that is the recipient of the | ||||||
| 14 | request did not create the record, did not participate in | ||||||
| 15 | or have a role in any of the events which are the subject | ||||||
| 16 | of the record, and only has access to the record through | ||||||
| 17 | the shared electronic record management system. As used in | ||||||
| 18 | this subsection (d-5), "criminal justice agency" means the | ||||||
| 19 | Illinois Criminal Justice Information Authority or the | ||||||
| 20 | Illinois Sentencing Policy Advisory Council. | ||||||
| 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 | (d-7) Information gathered or records created from the | ||||||
| 3 | use of automatic license plate readers in connection with | ||||||
| 4 | Section 2-130 of the Illinois Vehicle Code. | ||||||
| 5 | (d-8) Records containing law enforcement in-car camera | ||||||
| 6 | and officer-worn body camera video and audio recordings | ||||||
| 7 | that a public body received from another public body. | ||||||
| 8 | (e) Records that relate to or affect the security of | ||||||
| 9 | correctional institutions and detention facilities. | ||||||
| 10 | (e-5) 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 are available in the library of the correctional | ||||||
| 14 | institution or facility or jail where the inmate is | ||||||
| 15 | confined. | ||||||
| 16 | (e-6) Records requested by persons committed to the | ||||||
| 17 | Department of Corrections, Department of Human Services | ||||||
| 18 | Division of Mental Health, or a county jail if those | ||||||
| 19 | materials include records from staff members' personnel | ||||||
| 20 | files, staff rosters, or other staffing assignment | ||||||
| 21 | information. | ||||||
| 22 | (e-7) Records requested by persons committed to the | ||||||
| 23 | Department of Corrections or Department of Human Services | ||||||
| 24 | Division of Mental Health if those materials are available | ||||||
| 25 | through an administrative request to the Department of | ||||||
| 26 | Corrections or Department of Human Services Division of | ||||||
| |||||||
| |||||||
| 1 | Mental Health. | ||||||
| 2 | (e-8) Records requested by a person committed to the | ||||||
| 3 | Department of Corrections, Department of Human Services | ||||||
| 4 | Division of Mental Health, or a county jail, the | ||||||
| 5 | disclosure of which would result in the risk of harm to any | ||||||
| 6 | person or the risk of an escape from a jail or correctional | ||||||
| 7 | institution or facility. | ||||||
| 8 | (e-9) Records requested by a person in a county jail | ||||||
| 9 | or committed to the Department of Corrections or | ||||||
| 10 | Department of Human Services Division of Mental Health, | ||||||
| 11 | containing personal information pertaining to the person's | ||||||
| 12 | victim or the victim's family, including, but not limited | ||||||
| 13 | to, a victim's home address, home telephone number, work | ||||||
| 14 | or school address, work telephone number, social security | ||||||
| 15 | number, or any other identifying information, except as | ||||||
| 16 | may be relevant to a requester's current or potential case | ||||||
| 17 | or claim. | ||||||
| 18 | (e-10) Law enforcement records of other persons | ||||||
| 19 | requested by a person committed to the Department of | ||||||
| 20 | Corrections, Department of Human Services Division of | ||||||
| 21 | Mental Health, or a county jail, including, but not | ||||||
| 22 | limited to, arrest and booking records, mug shots, and | ||||||
| 23 | crime scene photographs, except as these records may be | ||||||
| 24 | relevant to the requester's current or potential case or | ||||||
| 25 | claim. | ||||||
| 26 | (f) Preliminary drafts, notes, recommendations, | ||||||
| |||||||
| |||||||
| 1 | memoranda, and other records in which opinions are | ||||||
| 2 | expressed, or policies or actions are formulated, except | ||||||
| 3 | that a specific record or relevant portion of a record | ||||||
| 4 | shall not be exempt when the record is publicly cited and | ||||||
| 5 | identified by the head of the public body. The exemption | ||||||
| 6 | provided in this paragraph (f) extends to all those | ||||||
| 7 | records of officers and agencies of the General Assembly | ||||||
| 8 | that pertain to the preparation of legislative documents. | ||||||
| 9 | (g) Trade secrets and commercial or financial | ||||||
| 10 | information obtained from a person or business where the | ||||||
| 11 | trade secrets or commercial or financial information are | ||||||
| 12 | furnished under a claim that they are proprietary, | ||||||
| 13 | privileged, or confidential, and that disclosure of the | ||||||
| 14 | trade secrets or commercial or financial information would | ||||||
| 15 | cause competitive harm to the person or business, and only | ||||||
| 16 | insofar as the claim directly applies to the records | ||||||
| 17 | requested. | ||||||
| 18 | The information included under this exemption includes | ||||||
| 19 | all trade secrets and commercial or financial information | ||||||
| 20 | obtained by a public body, including a public pension | ||||||
| 21 | fund, from a private equity fund or a privately held | ||||||
| 22 | company within the investment portfolio of a private | ||||||
| 23 | equity fund as a result of either investing or evaluating | ||||||
| 24 | a potential investment of public funds in a private equity | ||||||
| 25 | fund. The exemption contained in this item does not apply | ||||||
| 26 | to the aggregate financial performance information of a | ||||||
| |||||||
| |||||||
| 1 | private equity fund, nor to the identity of the fund's | ||||||
| 2 | managers or general partners. The exemption contained in | ||||||
| 3 | this item does not apply to the identity of a privately | ||||||
| 4 | held company within the investment portfolio of a private | ||||||
| 5 | equity fund, unless the disclosure of the identity of a | ||||||
| 6 | privately held company may cause competitive harm. | ||||||
| 7 | Nothing contained in this paragraph (g) shall be | ||||||
| 8 | construed to prevent a person or business from consenting | ||||||
| 9 | to disclosure. | ||||||
| 10 | (h) Proposals and bids for any contract, grant, or | ||||||
| 11 | agreement, including information which if it were | ||||||
| 12 | disclosed would frustrate procurement or give an advantage | ||||||
| 13 | to any person proposing to enter into a contractor | ||||||
| 14 | agreement with the body, until an award or final selection | ||||||
| 15 | is made. Information prepared by or for the body in | ||||||
| 16 | preparation of a bid solicitation shall be exempt until an | ||||||
| 17 | award or final selection is made. | ||||||
| 18 | (i) Valuable formulae, computer geographic systems, | ||||||
| 19 | designs, drawings, and research data obtained or produced | ||||||
| 20 | by any public body when disclosure could reasonably be | ||||||
| 21 | expected to produce private gain or public loss. The | ||||||
| 22 | exemption for "computer geographic systems" provided in | ||||||
| 23 | this paragraph (i) does not extend to requests made by | ||||||
| 24 | news media as defined in Section 2 of this Act when the | ||||||
| 25 | requested information is not otherwise exempt and the only | ||||||
| 26 | purpose of the request is to access and disseminate | ||||||
| |||||||
| |||||||
| 1 | information regarding the health, safety, welfare, or | ||||||
| 2 | legal rights of the general public. | ||||||
| 3 | (j) The following information pertaining to | ||||||
| 4 | educational matters: | ||||||
| 5 | (i) test questions, scoring keys, and other | ||||||
| 6 | examination data used to administer an academic | ||||||
| 7 | examination; | ||||||
| 8 | (ii) information received by a primary or | ||||||
| 9 | secondary school, college, or university under its | ||||||
| 10 | procedures for the evaluation of faculty members by | ||||||
| 11 | their academic peers; | ||||||
| 12 | (iii) information concerning a school or | ||||||
| 13 | university's adjudication of student disciplinary | ||||||
| 14 | cases, but only to the extent that disclosure would | ||||||
| 15 | unavoidably reveal the identity of the student; and | ||||||
| 16 | (iv) course materials or research materials used | ||||||
| 17 | by faculty members. | ||||||
| 18 | (k) Architects' plans, engineers' technical | ||||||
| 19 | submissions, and other construction related technical | ||||||
| 20 | documents for projects not constructed or developed in | ||||||
| 21 | whole or in part with public funds and the same for | ||||||
| 22 | projects constructed or developed with public funds, | ||||||
| 23 | including, but not limited to, power generating and | ||||||
| 24 | distribution stations and other transmission and | ||||||
| 25 | distribution facilities, water treatment facilities, | ||||||
| 26 | airport facilities, sport stadiums, convention centers, | ||||||
| |||||||
| |||||||
| 1 | and all government owned, operated, or occupied buildings, | ||||||
| 2 | but only to the extent that disclosure would compromise | ||||||
| 3 | security. | ||||||
| 4 | (l) Minutes of meetings of public bodies closed to the | ||||||
| 5 | public as provided in the Open Meetings Act until the | ||||||
| 6 | public body makes the minutes available to the public | ||||||
| 7 | under Section 2.06 of the Open Meetings Act. | ||||||
| 8 | (m) Communications between a public body and an | ||||||
| 9 | attorney or auditor representing the public body that | ||||||
| 10 | would not be subject to discovery in litigation, and | ||||||
| 11 | materials prepared or compiled by or for a public body in | ||||||
| 12 | anticipation of a criminal, civil, or administrative | ||||||
| 13 | proceeding upon the request of an attorney advising the | ||||||
| 14 | public body, and materials prepared or compiled with | ||||||
| 15 | respect to internal audits of public bodies. | ||||||
| 16 | (n) Records relating to a public body's adjudication | ||||||
| 17 | of employee grievances or disciplinary cases; however, | ||||||
| 18 | this exemption shall not extend to the final outcome of | ||||||
| 19 | cases in which discipline is imposed. | ||||||
| 20 | (o) Administrative or technical information associated | ||||||
| 21 | with automated data processing operations, including, but | ||||||
| 22 | not limited to, software, operating protocols, computer | ||||||
| 23 | program abstracts, file layouts, source listings, object | ||||||
| 24 | modules, load modules, user guides, documentation | ||||||
| 25 | pertaining to all logical and physical design of | ||||||
| 26 | computerized systems, employee manuals, and any other | ||||||
| |||||||
| |||||||
| 1 | information that, if disclosed, would jeopardize the | ||||||
| 2 | security of the system or its data or the security of | ||||||
| 3 | materials exempt under this Section. | ||||||
| 4 | (p) Records relating to collective negotiating matters | ||||||
| 5 | between public bodies and their employees or | ||||||
| 6 | representatives, except that any final contract or | ||||||
| 7 | agreement shall be subject to inspection and copying. | ||||||
| 8 | (q) Test questions, scoring keys, and other | ||||||
| 9 | examination data used to determine the qualifications of | ||||||
| 10 | an applicant for a license or employment. | ||||||
| 11 | (r) The records, documents, and information relating | ||||||
| 12 | to real estate purchase negotiations until those | ||||||
| 13 | negotiations have been completed or otherwise terminated. | ||||||
| 14 | With regard to a parcel involved in a pending or actually | ||||||
| 15 | and reasonably contemplated eminent domain proceeding | ||||||
| 16 | under the Eminent Domain Act, records, documents, and | ||||||
| 17 | information relating to that parcel shall be exempt except | ||||||
| 18 | as may be allowed under discovery rules adopted by the | ||||||
| 19 | Illinois Supreme Court. The records, documents, and | ||||||
| 20 | information relating to a real estate sale shall be exempt | ||||||
| 21 | until a sale is consummated. | ||||||
| 22 | (s) Any and all proprietary information and records | ||||||
| 23 | related to the operation of an intergovernmental risk | ||||||
| 24 | management association or self-insurance pool or jointly | ||||||
| 25 | self-administered health and accident cooperative or pool. | ||||||
| 26 | Insurance or self-insurance (including any | ||||||
| |||||||
| |||||||
| 1 | intergovernmental risk management association or | ||||||
| 2 | self-insurance pool) claims, loss or risk management | ||||||
| 3 | information, records, data, advice, or communications. | ||||||
| 4 | (t) Information contained in or related to | ||||||
| 5 | examination, operating, or condition reports prepared by, | ||||||
| 6 | on behalf of, or for the use of a public body responsible | ||||||
| 7 | for the regulation or supervision of financial | ||||||
| 8 | institutions, insurance companies, or pharmacy benefit | ||||||
| 9 | managers, unless disclosure is otherwise required by State | ||||||
| 10 | 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 | ||||||
| 14 | be used to create electronic signatures under the Uniform | ||||||
| 15 | Electronic Transactions 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 | ||||||
| 19 | community's population or systems, facilities, or | ||||||
| 20 | installations, but only to the extent that disclosure | ||||||
| 21 | could reasonably be expected to expose the vulnerability | ||||||
| 22 | or jeopardize the effectiveness of the measures, policies, | ||||||
| 23 | or plans, or the safety of the personnel who implement | ||||||
| 24 | them or the public. Information exempt under this item may | ||||||
| 25 | include such things as details pertaining to the | ||||||
| 26 | mobilization or deployment of personnel or equipment, to | ||||||
| |||||||
| |||||||
| 1 | the operation of communication systems or protocols, to | ||||||
| 2 | cybersecurity vulnerabilities, or to tactical operations. | ||||||
| 3 | (w) (Blank). | ||||||
| 4 | (x) Maps and other records regarding the location or | ||||||
| 5 | security of generation, transmission, distribution, | ||||||
| 6 | storage, gathering, treatment, or switching facilities | ||||||
| 7 | owned by a utility, by a power generator, or by the | ||||||
| 8 | Illinois Power Agency. | ||||||
| 9 | (y) Information contained in or related to proposals, | ||||||
| 10 | bids, or negotiations related to electric power | ||||||
| 11 | procurement under Section 1-75 of the Illinois Power | ||||||
| 12 | Agency Act and Section 16-111.5 of the Public Utilities | ||||||
| 13 | Act that is determined to be confidential and proprietary | ||||||
| 14 | by the Illinois Power Agency or by the Illinois Commerce | ||||||
| 15 | Commission. | ||||||
| 16 | (z) Information about students exempted from | ||||||
| 17 | disclosure under Section 10-20.38 or 34-18.29 of the | ||||||
| 18 | School Code, and information about undergraduate students | ||||||
| 19 | enrolled at an institution of higher education exempted | ||||||
| 20 | from disclosure under Section 25 of the Illinois Credit | ||||||
| 21 | Card Marketing Act of 2009. | ||||||
| 22 | (aa) Information the disclosure of which is exempted | ||||||
| 23 | under the Viatical Settlements Act of 2009. | ||||||
| 24 | (bb) Records and information provided to a mortality | ||||||
| 25 | review team and records maintained by a mortality review | ||||||
| 26 | team appointed under the Department of Juvenile Justice | ||||||
| |||||||
| |||||||
| 1 | Mortality Review Team Act. | ||||||
| 2 | (cc) Information regarding interments, entombments, or | ||||||
| 3 | inurnments of human remains that are submitted to the | ||||||
| 4 | Cemetery Oversight Database under the Cemetery Care Act or | ||||||
| 5 | the Cemetery Oversight Act, whichever is applicable. | ||||||
| 6 | (dd) Correspondence and records (i) that may not be | ||||||
| 7 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
| 8 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
| 9 | the Illinois Public Aid Code. | ||||||
| 10 | (ee) The names, addresses, or other personal | ||||||
| 11 | information of persons who are minors and are also | ||||||
| 12 | participants and registrants in programs of park | ||||||
| 13 | districts, forest preserve districts, conservation | ||||||
| 14 | districts, recreation agencies, and special recreation | ||||||
| 15 | associations. | ||||||
| 16 | (ff) The names, addresses, or other personal | ||||||
| 17 | information of participants and registrants in programs of | ||||||
| 18 | park districts, forest preserve districts, conservation | ||||||
| 19 | districts, recreation agencies, and special recreation | ||||||
| 20 | associations where such programs are targeted primarily to | ||||||
| 21 | minors. | ||||||
| 22 | (gg) Confidential information described in Section | ||||||
| 23 | 1-100 of the Illinois Independent Tax Tribunal Act of | ||||||
| 24 | 2012. | ||||||
| 25 | (hh) The report submitted to the State Board of | ||||||
| 26 | Education by the School Security and Standards Task Force | ||||||
| |||||||
| |||||||
| 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 | ||||||
| 6 | the 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 | ||||||
| 12 | to 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 | (kk) The public body's credit card numbers, debit card | ||||||
| 17 | numbers, bank account numbers, Federal Employer | ||||||
| 18 | Identification Number, security code numbers, passwords, | ||||||
| 19 | and similar account information, the disclosure of which | ||||||
| 20 | could result in identity theft or impression or defrauding | ||||||
| 21 | of a governmental entity or a person. | ||||||
| 22 | (ll) Records concerning the work of the threat | ||||||
| 23 | assessment team of a school district, including, but not | ||||||
| 24 | limited to, any threat assessment procedure under the | ||||||
| 25 | School Safety Drill Act and any information contained in | ||||||
| 26 | the procedure. | ||||||
| |||||||
| |||||||
| 1 | (mm) Information prohibited from being disclosed under | ||||||
| 2 | subsections (a) and (b) of Section 15 of the Student | ||||||
| 3 | Confidential Reporting Act. | ||||||
| 4 | (nn) Proprietary information submitted to the | ||||||
| 5 | Environmental Protection Agency under the Drug Take-Back | ||||||
| 6 | Act. | ||||||
| 7 | (oo) Records described in subsection (f) of Section | ||||||
| 8 | 3-5-1 of the Unified Code of Corrections. | ||||||
| 9 | (pp) Any and all information regarding burials, | ||||||
| 10 | interments, or entombments of human remains as required to | ||||||
| 11 | be reported to the Department of Natural Resources | ||||||
| 12 | pursuant either to the Archaeological and Paleontological | ||||||
| 13 | Resources Protection Act or the Human Remains Protection | ||||||
| 14 | Act. | ||||||
| 15 | (qq) Reports described in subsection (e) of Section | ||||||
| 16 | 16-15 of the Abortion Care Clinical Training Program Act. | ||||||
| 17 | (rr) Information obtained by a certified local health | ||||||
| 18 | department under the Access to Public Health Data Act. | ||||||
| 19 | (ss) For a request directed to a public body that is | ||||||
| 20 | also a HIPAA-covered entity, all information that is | ||||||
| 21 | protected health information, including demographic | ||||||
| 22 | information, that may be contained within or extracted | ||||||
| 23 | from any record held by the public body in compliance with | ||||||
| 24 | State and federal medical privacy laws and regulations, | ||||||
| 25 | including, but not limited to, the Health Insurance | ||||||
| 26 | Portability and Accountability Act and its regulations, 45 | ||||||
| |||||||
| |||||||
| 1 | CFR Parts 160 and 164. As used in this paragraph, | ||||||
| 2 | "HIPAA-covered entity" has the meaning given to the term | ||||||
| 3 | "covered entity" in 45 CFR 160.103 and "protected health | ||||||
| 4 | information" has the meaning given to that term in 45 CFR | ||||||
| 5 | 160.103. | ||||||
| 6 | (tt) Proposals or bids submitted by engineering | ||||||
| 7 | consultants in response to requests for proposal or other | ||||||
| 8 | competitive bidding requests by the Department of | ||||||
| 9 | Transportation or the Illinois Toll Highway Authority. | ||||||
| 10 | (uu) Documents that, pursuant to the State of | ||||||
| 11 | Illinois' 1987 Agreement with the U.S. Nuclear Regulatory | ||||||
| 12 | Commission and the corresponding requirement to maintain | ||||||
| 13 | compatibility with the National Materials Program, have | ||||||
| 14 | been determined to be security sensitive. These documents | ||||||
| 15 | include information classified as safeguards, | ||||||
| 16 | safeguards-modified, and sensitive unclassified | ||||||
| 17 | nonsafeguards information, as identified in U.S. Nuclear | ||||||
| 18 | Regulatory Commission regulatory information summaries, | ||||||
| 19 | security advisories, and other applicable communications | ||||||
| 20 | or regulations related to the control and distribution of | ||||||
| 21 | security sensitive information. | ||||||
| 22 | (vv) Records concerning the work of the threat | ||||||
| 23 | assessment team of a law enforcement agency, including, | ||||||
| 24 | but not limited to, any threat assessment procedure, any | ||||||
| 25 | information contained in the threat assessment procedure, | ||||||
| 26 | and any findings or recommendations. | ||||||
| |||||||
| |||||||
| 1 | (1.5) Any information exempt from disclosure under the | ||||||
| 2 | Judicial Privacy Act shall be redacted from public records | ||||||
| 3 | prior to disclosure under this Act. | ||||||
| 4 | (1.6) Any information exempt from disclosure under the | ||||||
| 5 | Public Official Safety and Privacy Act shall be redacted from | ||||||
| 6 | public records prior to disclosure under this Act. | ||||||
| 7 | (1.7) Any information exempt from disclosure under | ||||||
| 8 | paragraph (3.5) of Section 9-15 of the Election Code shall be | ||||||
| 9 | redacted from public records prior to disclosure under this | ||||||
| 10 | Act. | ||||||
| 11 | (2) A public record that is not in the possession of a | ||||||
| 12 | public body but is in the possession of a party with whom the | ||||||
| 13 | agency has contracted to perform a governmental function on | ||||||
| 14 | behalf of the public body, and that directly relates to the | ||||||
| 15 | governmental function and is not otherwise exempt under this | ||||||
| 16 | Act, shall be considered a public record of the public body, | ||||||
| 17 | for purposes of this Act. | ||||||
| 18 | (3) This Section does not authorize withholding of | ||||||
| 19 | information or limit the availability of records to the | ||||||
| 20 | public, except as stated in this Section or otherwise provided | ||||||
| 21 | in this Act. | ||||||
| 22 | (Source: P.A. 103-154, eff. 6-30-23; 103-423, eff. 1-1-24; | ||||||
| 23 | 103-446, eff. 8-4-23; 103-462, eff. 8-4-23; 103-540, eff. | ||||||
| 24 | 1-1-24; 103-554, eff. 1-1-24; 103-605, eff. 7-1-24; 103-865, | ||||||
| 25 | eff. 1-1-25; 104-300, eff. 1-1-27; 104-438, eff. 1-1-26; | ||||||
| 26 | 104-443, eff. 1-1-26; revised 1-7-26.) | ||||||
| |||||||
| |||||||
| 1 | (5 ILCS 140/7.5) | ||||||
| 2 | (Text of Section before amendment by P.A. 104-441 and | ||||||
| 3 | 104-457) | ||||||
| 4 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
| 5 | by the statutes referenced below, the following shall be | ||||||
| 6 | exempt from inspection and copying: | ||||||
| 7 | (a) All information determined to be confidential | ||||||
| 8 | under Section 4002 of the Technology Advancement and | ||||||
| 9 | Development Act. | ||||||
| 10 | (b) Library circulation and order records identifying | ||||||
| 11 | library users with specific materials under the Library | ||||||
| 12 | Records Confidentiality Act. | ||||||
| 13 | (c) Applications, related documents, and medical | ||||||
| 14 | records received by the Experimental Organ Transplantation | ||||||
| 15 | Procedures Board and any and all documents or other | ||||||
| 16 | records prepared by the Experimental Organ Transplantation | ||||||
| 17 | Procedures Board or its staff relating to applications it | ||||||
| 18 | has received. | ||||||
| 19 | (d) Information and records held by the Department of | ||||||
| 20 | Public Health and its authorized representatives relating | ||||||
| 21 | to known or suspected cases of sexually transmitted | ||||||
| 22 | infection or any information the disclosure of which is | ||||||
| 23 | restricted under the Illinois Sexually Transmitted | ||||||
| 24 | Infection Control Act. | ||||||
| 25 | (e) Information the disclosure of which is exempted | ||||||
| |||||||
| |||||||
| 1 | under Section 30 of the Radon Industry Licensing Act. | ||||||
| 2 | (f) Firm performance evaluations under Section 55 of | ||||||
| 3 | the Architectural, Engineering, and Land Surveying | ||||||
| 4 | Qualifications Based Selection Act. | ||||||
| 5 | (g) Information the disclosure of which is restricted | ||||||
| 6 | and exempted under Section 50 of the Illinois Prepaid | ||||||
| 7 | Tuition Act. | ||||||
| 8 | (h) Information the disclosure of which is exempted | ||||||
| 9 | under the State Officials and Employees Ethics Act, and | ||||||
| 10 | records of any lawfully created State or local inspector | ||||||
| 11 | general's office that would be exempt if created or | ||||||
| 12 | obtained by an Executive Inspector General's office under | ||||||
| 13 | that Act. | ||||||
| 14 | (i) Information contained in a local emergency energy | ||||||
| 15 | plan submitted to a municipality in accordance with a | ||||||
| 16 | local emergency energy plan ordinance that is adopted | ||||||
| 17 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
| 18 | (j) Information and data concerning the distribution | ||||||
| 19 | of surcharge moneys collected and remitted by carriers | ||||||
| 20 | under the Emergency Telephone System Act. | ||||||
| 21 | (k) Law enforcement officer identification information | ||||||
| 22 | or driver identification information compiled by a law | ||||||
| 23 | enforcement agency or the Department of Transportation | ||||||
| 24 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
| 25 | (l) Records and information provided to a residential | ||||||
| 26 | health care facility resident sexual assault and death | ||||||
| |||||||
| |||||||
| 1 | review team or the Executive Council under the Abuse | ||||||
| 2 | Prevention Review Team Act. | ||||||
| 3 | (m) Information provided to the predatory lending | ||||||
| 4 | database created pursuant to Article 3 of the Residential | ||||||
| 5 | Real Property Disclosure Act, except to the extent | ||||||
| 6 | authorized under that Article. | ||||||
| 7 | (n) Defense budgets and petitions for certification of | ||||||
| 8 | compensation and expenses for court appointed trial | ||||||
| 9 | counsel as provided under Sections 10 and 15 of the | ||||||
| 10 | Capital Crimes Litigation Act (repealed). This subsection | ||||||
| 11 | (n) shall apply until the conclusion of the trial of the | ||||||
| 12 | case, even if the prosecution chooses not to pursue the | ||||||
| 13 | death penalty prior to trial or sentencing. | ||||||
| 14 | (o) Information that is prohibited from being | ||||||
| 15 | disclosed under Section 4 of the Illinois Health and | ||||||
| 16 | Hazardous Substances Registry Act. | ||||||
| 17 | (p) Security portions of system safety program plans, | ||||||
| 18 | investigation reports, surveys, schedules, lists, data, or | ||||||
| 19 | information compiled, collected, or prepared by or for the | ||||||
| 20 | Department of Transportation under Sections 2705-300 and | ||||||
| 21 | 2705-616 of the Department of Transportation Law of the | ||||||
| 22 | Civil Administrative Code of Illinois, the Regional | ||||||
| 23 | Transportation Authority under Section 2.11 of the | ||||||
| 24 | Regional Transportation Authority Act, or the St. Clair | ||||||
| 25 | County Transit District under the Bi-State Transit Safety | ||||||
| 26 | Act (repealed). | ||||||
| |||||||
| |||||||
| 1 | (q) Information prohibited from being disclosed by the | ||||||
| 2 | Personnel Record Review Act. | ||||||
| 3 | (r) Information prohibited from being disclosed by the | ||||||
| 4 | Illinois School Student Records Act. | ||||||
| 5 | (s) Information the disclosure of which is restricted | ||||||
| 6 | under Section 5-108 of the Public Utilities Act. | ||||||
| 7 | (t) (Blank). | ||||||
| 8 | (u) Records and information provided to an independent | ||||||
| 9 | team of experts under the Developmental Disability and | ||||||
| 10 | Mental Health Safety Act (also known as Brian's Law). | ||||||
| 11 | (v) Names and information of people who have applied | ||||||
| 12 | for or received Firearm Owner's Identification Cards under | ||||||
| 13 | the Firearm Owners Identification Card Act or applied for | ||||||
| 14 | or received a concealed carry license under the Firearm | ||||||
| 15 | Concealed Carry Act, unless otherwise authorized by the | ||||||
| 16 | Firearm Concealed Carry Act; and databases under the | ||||||
| 17 | Firearm Concealed Carry Act, records of the Concealed | ||||||
| 18 | Carry Licensing Review Board under the Firearm Concealed | ||||||
| 19 | Carry Act, and law enforcement agency objections under the | ||||||
| 20 | Firearm Concealed Carry Act. | ||||||
| 21 | (v-5) Records of the Firearm Owner's Identification | ||||||
| 22 | Card Review Board that are exempted from disclosure under | ||||||
| 23 | Section 10 of the Firearm Owners Identification Card Act. | ||||||
| 24 | (w) Personally identifiable information which is | ||||||
| 25 | exempted from disclosure under subsection (g) of Section | ||||||
| 26 | 19.1 of the Toll Highway Act. | ||||||
| |||||||
| |||||||
| 1 | (x) Information which is exempted from disclosure | ||||||
| 2 | under Section 5-1014.3 of the Counties Code or Section | ||||||
| 3 | 8-11-21 of the Illinois Municipal Code. | ||||||
| 4 | (y) Confidential information under the Adult | ||||||
| 5 | Protective Services Act and its predecessor enabling | ||||||
| 6 | statute, the Elder Abuse and Neglect Act, including | ||||||
| 7 | information about the identity and administrative finding | ||||||
| 8 | against any caregiver of a verified and substantiated | ||||||
| 9 | decision of abuse, neglect, or financial exploitation of | ||||||
| 10 | an eligible adult maintained in the Registry established | ||||||
| 11 | under Section 7.5 of the Adult Protective Services Act. | ||||||
| 12 | (z) Records and information provided to a fatality | ||||||
| 13 | review team or the Illinois Fatality Review Team Advisory | ||||||
| 14 | Council under Section 15 of the Adult Protective Services | ||||||
| 15 | Act. | ||||||
| 16 | (aa) Information which is exempted from disclosure | ||||||
| 17 | under Section 2.37 of the Wildlife Code. | ||||||
| 18 | (bb) Information which is or was prohibited from | ||||||
| 19 | disclosure by the Juvenile Court Act of 1987. | ||||||
| 20 | (cc) Recordings made under the Law Enforcement | ||||||
| 21 | Officer-Worn Body Camera Act, except to the extent | ||||||
| 22 | authorized under that Act. | ||||||
| 23 | (dd) Information that is prohibited from being | ||||||
| 24 | disclosed under Section 45 of the Condominium and Common | ||||||
| 25 | Interest Community Ombudsperson Act. | ||||||
| 26 | (ee) Information that is exempted from disclosure | ||||||
| |||||||
| |||||||
| 1 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
| 2 | (ff) Information that is exempted from disclosure | ||||||
| 3 | under the Revised Uniform Unclaimed Property Act. | ||||||
| 4 | (gg) Information that is prohibited from being | ||||||
| 5 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
| 6 | Code. | ||||||
| 7 | (hh) Records that are exempt from disclosure under | ||||||
| 8 | Section 1A-16.7 of the Election Code. | ||||||
| 9 | (ii) Information which is exempted from disclosure | ||||||
| 10 | under Section 2505-800 of the Department of Revenue Law of | ||||||
| 11 | the Civil Administrative Code of Illinois. | ||||||
| 12 | (jj) Information and reports that are required to be | ||||||
| 13 | submitted to the Department of Labor by registering day | ||||||
| 14 | and temporary labor service agencies but are exempt from | ||||||
| 15 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
| 16 | and Temporary Labor Services Act. | ||||||
| 17 | (kk) Information prohibited from disclosure under the | ||||||
| 18 | Seizure and Forfeiture Reporting Act. | ||||||
| 19 | (ll) Information the disclosure of which is restricted | ||||||
| 20 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
| 21 | Aid Code. | ||||||
| 22 | (mm) Records that are exempt from disclosure under | ||||||
| 23 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
| 24 | (nn) Information that is exempt from disclosure under | ||||||
| 25 | Section 70 of the Higher Education Student Assistance Act. | ||||||
| 26 | (oo) Communications, notes, records, and reports | ||||||
| |||||||
| |||||||
| 1 | arising out of a peer support counseling session | ||||||
| 2 | prohibited from disclosure under the First Responders | ||||||
| 3 | Suicide Prevention Act. | ||||||
| 4 | (pp) Names and all identifying information relating to | ||||||
| 5 | an employee of an emergency services provider or law | ||||||
| 6 | enforcement agency under the First Responders Suicide | ||||||
| 7 | Prevention Act. | ||||||
| 8 | (qq) Information and records held by the Department of | ||||||
| 9 | Public Health and its authorized representatives collected | ||||||
| 10 | under the Reproductive Health Act. | ||||||
| 11 | (rr) Information that is exempt from disclosure under | ||||||
| 12 | the Cannabis Regulation and Tax Act. | ||||||
| 13 | (ss) Data reported by an employer to the Department of | ||||||
| 14 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
| 15 | Human Rights Act. | ||||||
| 16 | (tt) Recordings made under the Children's Advocacy | ||||||
| 17 | Center Act, except to the extent authorized under that | ||||||
| 18 | Act. | ||||||
| 19 | (uu) Information that is exempt from disclosure under | ||||||
| 20 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
| 21 | (vv) Information that is exempt from disclosure under | ||||||
| 22 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
| 23 | Public Aid Code. | ||||||
| 24 | (ww) Information that is exempt from disclosure under | ||||||
| 25 | Section 16.8 of the State Treasurer Act. | ||||||
| 26 | (xx) Information that is exempt from disclosure or | ||||||
| |||||||
| |||||||
| 1 | information that shall not be made public under the | ||||||
| 2 | Illinois Insurance Code. | ||||||
| 3 | (yy) Information prohibited from being disclosed under | ||||||
| 4 | the Illinois Educational Labor Relations Act. | ||||||
| 5 | (zz) Information prohibited from being disclosed under | ||||||
| 6 | the Illinois Public Labor Relations Act. | ||||||
| 7 | (aaa) Information prohibited from being disclosed | ||||||
| 8 | under Section 1-167 of the Illinois Pension Code. | ||||||
| 9 | (bbb) Information that is prohibited from disclosure | ||||||
| 10 | by the Illinois Police Training Act and the Illinois State | ||||||
| 11 | Police Act. | ||||||
| 12 | (ccc) Records exempt from disclosure under Section | ||||||
| 13 | 2605-304 of the Illinois State Police Law of the Civil | ||||||
| 14 | Administrative Code of Illinois. | ||||||
| 15 | (ddd) Information prohibited from being disclosed | ||||||
| 16 | under Section 35 of the Address Confidentiality for | ||||||
| 17 | Victims of Domestic Violence, Sexual Assault, Human | ||||||
| 18 | Trafficking, or Stalking Act. | ||||||
| 19 | (eee) Information prohibited from being disclosed | ||||||
| 20 | under subsection (b) of Section 75 of the Domestic | ||||||
| 21 | Violence Fatality Review Act. | ||||||
| 22 | (fff) Images from cameras under the Expressway Camera | ||||||
| 23 | Act and all automated license plate reader (ALPR) | ||||||
| 24 | information used and collected by the Illinois State | ||||||
| 25 | Police. "ALPR information" means information gathered by | ||||||
| 26 | an ALPR or created from the analysis of data generated by | ||||||
| |||||||
| |||||||
| 1 | an ALPR. This subsection (fff) is inoperative on and after | ||||||
| 2 | July 1, 2028. | ||||||
| 3 | (ggg) Information prohibited from disclosure under | ||||||
| 4 | paragraph (3) of subsection (a) of Section 14 of the Nurse | ||||||
| 5 | Agency Licensing Act. | ||||||
| 6 | (hhh) Information submitted to the Illinois State | ||||||
| 7 | Police in an affidavit or application for an assault | ||||||
| 8 | weapon endorsement, assault weapon attachment endorsement, | ||||||
| 9 | .50 caliber rifle endorsement, or .50 caliber cartridge | ||||||
| 10 | endorsement under the Firearm Owners Identification Card | ||||||
| 11 | Act. | ||||||
| 12 | (iii) Data exempt from disclosure under Section 50 of | ||||||
| 13 | the School Safety Drill Act. | ||||||
| 14 | (jjj) Information exempt from disclosure under Section | ||||||
| 15 | 30 of the Insurance Data Security Law. | ||||||
| 16 | (kkk) Confidential business information prohibited | ||||||
| 17 | from disclosure under Section 45 of the Paint Stewardship | ||||||
| 18 | Act. | ||||||
| 19 | (lll) Data exempt from disclosure under Section | ||||||
| 20 | 2-3.196 of the School Code. | ||||||
| 21 | (mmm) Information prohibited from being disclosed | ||||||
| 22 | under subsection (e) of Section 1-129 of the Illinois | ||||||
| 23 | Power Agency Act. | ||||||
| 24 | (nnn) Materials received by the Department of Commerce | ||||||
| 25 | and Economic Opportunity that are confidential under the | ||||||
| 26 | Music and Musicians Tax Credit and Jobs Act. | ||||||
| |||||||
| |||||||
| 1 | (ooo) Data or information provided pursuant to Section | ||||||
| 2 | 20 of the Statewide Recycling Needs and Assessment Act. | ||||||
| 3 | (ppp) Information that is exempt from disclosure under | ||||||
| 4 | Section 28-11 of the Lawful Health Care Activity Act. | ||||||
| 5 | (qqq) Information that is exempt from disclosure under | ||||||
| 6 | Section 7-101 of the Illinois Human Rights Act. | ||||||
| 7 | (rrr) Information prohibited from being disclosed | ||||||
| 8 | under Section 4-2 of the Uniform Money Transmission | ||||||
| 9 | Modernization Act. | ||||||
| 10 | (sss) Information exempt from disclosure under Section | ||||||
| 11 | 40 of the Student-Athlete Endorsement Rights Act. | ||||||
| 12 | (ttt) Audio recordings made under Section 30 of the | ||||||
| 13 | Illinois State Police Act, except to the extent authorized | ||||||
| 14 | under that Section. | ||||||
| 15 | (uuu) Information prohibited from being disclosed | ||||||
| 16 | under Section 30-5 of the Digital Assets Regulation Act. | ||||||
| 17 | (www) Criminal history record information, as defined | ||||||
| 18 | in the Illinois Criminal Justice Information Act. | ||||||
| 19 | (xxx) Personal and private information, if the | ||||||
| 20 | personal or private information was submitted to and | ||||||
| 21 | maintained by the Illinois State Police under the Criminal | ||||||
| 22 | Identification Act. These records are exempt from | ||||||
| 23 | disclosure by (i) the Illinois State Police and (ii) a | ||||||
| 24 | public agency that received this information from the | ||||||
| 25 | Illinois State Police. Personal information includes dates | ||||||
| 26 | of birth; race; ethnicity; marital status; medical | ||||||
| |||||||
| |||||||
| 1 | information describing injuries, illnesses, and/or | ||||||
| 2 | treatments; death-scene images of a decedent; names of | ||||||
| 3 | surviving victims; and names of uninvolved third parties. | ||||||
| 4 | In this paragraph (xxx), "private information" has the | ||||||
| 5 | meaning given to that term under subsection (c-5) of | ||||||
| 6 | Section 2 and paragraph (b) of subsection (1) of Section 7 | ||||||
| 7 | of this Act. | ||||||
| 8 | (Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23; | ||||||
| 9 | 103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff. | ||||||
| 10 | 8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592, | ||||||
| 11 | eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24; | ||||||
| 12 | 103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff. | ||||||
| 13 | 8-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081, | ||||||
| 14 | eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25; | ||||||
| 15 | 104-417, eff. 8-15-25; 104-428, eff. 8-18-25; revised | ||||||
| 16 | 9-10-25.) | ||||||
| 17 | (Text of Section after amendment by P.A. 104-457 but | ||||||
| 18 | before 104-441) | ||||||
| 19 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
| 20 | by the statutes referenced below, the following shall be | ||||||
| 21 | exempt from inspection and copying: | ||||||
| 22 | (a) All information determined to be confidential | ||||||
| 23 | under Section 4002 of the Technology Advancement and | ||||||
| 24 | Development Act. | ||||||
| 25 | (b) Library circulation and order records identifying | ||||||
| |||||||
| |||||||
| 1 | library users with specific materials under the Library | ||||||
| 2 | Records Confidentiality Act. | ||||||
| 3 | (c) Applications, related documents, and medical | ||||||
| 4 | records received by the Experimental Organ Transplantation | ||||||
| 5 | Procedures Board and any and all documents or other | ||||||
| 6 | records prepared by the Experimental Organ Transplantation | ||||||
| 7 | Procedures Board or its staff relating to applications it | ||||||
| 8 | has received. | ||||||
| 9 | (d) Information and records held by the Department of | ||||||
| 10 | Public Health and its authorized representatives relating | ||||||
| 11 | to known or suspected cases of sexually transmitted | ||||||
| 12 | infection or any information the disclosure of which is | ||||||
| 13 | restricted under the Illinois Sexually Transmitted | ||||||
| 14 | Infection Control Act. | ||||||
| 15 | (e) Information the disclosure of which is exempted | ||||||
| 16 | under Section 30 of the Radon Industry Licensing Act. | ||||||
| 17 | (f) Firm performance evaluations under Section 55 of | ||||||
| 18 | the Architectural, Engineering, and Land Surveying | ||||||
| 19 | Qualifications Based Selection Act. | ||||||
| 20 | (g) Information the disclosure of which is restricted | ||||||
| 21 | and exempted under Section 50 of the Illinois Prepaid | ||||||
| 22 | Tuition Act. | ||||||
| 23 | (h) Information the disclosure of which is exempted | ||||||
| 24 | under the State Officials and Employees Ethics Act, and | ||||||
| 25 | records of any lawfully created State or local inspector | ||||||
| 26 | general's office that would be exempt if created or | ||||||
| |||||||
| |||||||
| 1 | obtained by an Executive Inspector General's office under | ||||||
| 2 | that Act. | ||||||
| 3 | (i) Information contained in a local emergency energy | ||||||
| 4 | plan submitted to a municipality in accordance with a | ||||||
| 5 | local emergency energy plan ordinance that is adopted | ||||||
| 6 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
| 7 | (j) Information and data concerning the distribution | ||||||
| 8 | of surcharge moneys collected and remitted by carriers | ||||||
| 9 | under the Emergency Telephone System Act. | ||||||
| 10 | (k) Law enforcement officer identification information | ||||||
| 11 | or driver identification information compiled by a law | ||||||
| 12 | enforcement agency or the Department of Transportation | ||||||
| 13 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
| 14 | (l) Records and information provided to a residential | ||||||
| 15 | health care facility resident sexual assault and death | ||||||
| 16 | review team or the Executive Council under the Abuse | ||||||
| 17 | Prevention Review Team Act. | ||||||
| 18 | (m) Information provided to the predatory lending | ||||||
| 19 | database created pursuant to Article 3 of the Residential | ||||||
| 20 | Real Property Disclosure Act, except to the extent | ||||||
| 21 | authorized under that Article. | ||||||
| 22 | (n) Defense budgets and petitions for certification of | ||||||
| 23 | compensation and expenses for court appointed trial | ||||||
| 24 | counsel as provided under Sections 10 and 15 of the | ||||||
| 25 | Capital Crimes Litigation Act (repealed). This subsection | ||||||
| 26 | (n) shall apply until the conclusion of the trial of the | ||||||
| |||||||
| |||||||
| 1 | case, even if the prosecution chooses not to pursue the | ||||||
| 2 | death penalty prior to trial or sentencing. | ||||||
| 3 | (o) Information that is prohibited from being | ||||||
| 4 | disclosed under Section 4 of the Illinois Health and | ||||||
| 5 | Hazardous Substances Registry Act. | ||||||
| 6 | (p) Security portions of system safety program plans, | ||||||
| 7 | investigation reports, surveys, schedules, lists, data, or | ||||||
| 8 | information compiled, collected, or prepared by or for the | ||||||
| 9 | Department of Transportation under Sections 2705-300 and | ||||||
| 10 | 2705-616 of the Department of Transportation Law of the | ||||||
| 11 | Civil Administrative Code of Illinois, the Northern | ||||||
| 12 | Illinois Transit Authority under Section 2.11 of the | ||||||
| 13 | Northern Illinois Transit Authority Act, or the St. Clair | ||||||
| 14 | County Transit District under the Bi-State Transit Safety | ||||||
| 15 | Act (repealed). | ||||||
| 16 | (q) Information prohibited from being disclosed by the | ||||||
| 17 | Personnel Record Review Act. | ||||||
| 18 | (r) Information prohibited from being disclosed by the | ||||||
| 19 | Illinois School Student Records Act. | ||||||
| 20 | (s) Information the disclosure of which is restricted | ||||||
| 21 | under Section 5-108 of the Public Utilities Act. | ||||||
| 22 | (t) (Blank). | ||||||
| 23 | (u) Records and information provided to an independent | ||||||
| 24 | team of experts under the Developmental Disability and | ||||||
| 25 | Mental Health Safety Act (also known as Brian's Law). | ||||||
| 26 | (v) Names and information of people who have applied | ||||||
| |||||||
| |||||||
| 1 | for or received Firearm Owner's Identification Cards under | ||||||
| 2 | the Firearm Owners Identification Card Act or applied for | ||||||
| 3 | or received a concealed carry license under the Firearm | ||||||
| 4 | Concealed Carry Act, unless otherwise authorized by the | ||||||
| 5 | Firearm Concealed Carry Act; and databases under the | ||||||
| 6 | Firearm Concealed Carry Act, records of the Concealed | ||||||
| 7 | Carry Licensing Review Board under the Firearm Concealed | ||||||
| 8 | Carry Act, and law enforcement agency objections under the | ||||||
| 9 | Firearm Concealed Carry Act. | ||||||
| 10 | (v-5) Records of the Firearm Owner's Identification | ||||||
| 11 | Card Review Board that are exempted from disclosure under | ||||||
| 12 | Section 10 of the Firearm Owners Identification Card Act. | ||||||
| 13 | (w) Personally identifiable information which is | ||||||
| 14 | exempted from disclosure under subsection (g) of Section | ||||||
| 15 | 19.1 of the Toll Highway Act. | ||||||
| 16 | (x) Information which is exempted from disclosure | ||||||
| 17 | under Section 5-1014.3 of the Counties Code or Section | ||||||
| 18 | 8-11-21 of the Illinois Municipal Code. | ||||||
| 19 | (y) Confidential information under the Adult | ||||||
| 20 | Protective Services Act and its predecessor enabling | ||||||
| 21 | statute, the Elder Abuse and Neglect Act, including | ||||||
| 22 | information about the identity and administrative finding | ||||||
| 23 | against any caregiver of a verified and substantiated | ||||||
| 24 | decision of abuse, neglect, or financial exploitation of | ||||||
| 25 | an eligible adult maintained in the Registry established | ||||||
| 26 | under Section 7.5 of the Adult Protective Services Act. | ||||||
| |||||||
| |||||||
| 1 | (z) Records and information provided to a fatality | ||||||
| 2 | review team or the Illinois Fatality Review Team Advisory | ||||||
| 3 | Council under Section 15 of the Adult Protective Services | ||||||
| 4 | Act. | ||||||
| 5 | (aa) Information which is exempted from disclosure | ||||||
| 6 | under Section 2.37 of the Wildlife Code. | ||||||
| 7 | (bb) Information which is or was prohibited from | ||||||
| 8 | disclosure by the Juvenile Court Act of 1987. | ||||||
| 9 | (cc) Recordings made under the Law Enforcement | ||||||
| 10 | Officer-Worn Body Camera Act, except to the extent | ||||||
| 11 | authorized under that Act. | ||||||
| 12 | (dd) Information that is prohibited from being | ||||||
| 13 | disclosed under Section 45 of the Condominium and Common | ||||||
| 14 | Interest Community Ombudsperson Act. | ||||||
| 15 | (ee) Information that is exempted from disclosure | ||||||
| 16 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
| 17 | (ff) Information that is exempted from disclosure | ||||||
| 18 | under the Revised Uniform Unclaimed Property Act. | ||||||
| 19 | (gg) Information that is prohibited from being | ||||||
| 20 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
| 21 | Code. | ||||||
| 22 | (hh) Records that are exempt from disclosure under | ||||||
| 23 | Section 1A-16.7 of the Election Code. | ||||||
| 24 | (ii) Information which is exempted from disclosure | ||||||
| 25 | under Section 2505-800 of the Department of Revenue Law of | ||||||
| 26 | the Civil Administrative Code of Illinois. | ||||||
| |||||||
| |||||||
| 1 | (jj) Information and reports that are required to be | ||||||
| 2 | submitted to the Department of Labor by registering day | ||||||
| 3 | and temporary labor service agencies but are exempt from | ||||||
| 4 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
| 5 | and Temporary Labor Services Act. | ||||||
| 6 | (kk) Information prohibited from disclosure under the | ||||||
| 7 | Seizure and Forfeiture Reporting Act. | ||||||
| 8 | (ll) Information the disclosure of which is restricted | ||||||
| 9 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
| 10 | Aid Code. | ||||||
| 11 | (mm) Records that are exempt from disclosure under | ||||||
| 12 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
| 13 | (nn) Information that is exempt from disclosure under | ||||||
| 14 | Section 70 of the Higher Education Student Assistance Act. | ||||||
| 15 | (oo) Communications, notes, records, and reports | ||||||
| 16 | arising out of a peer support counseling session | ||||||
| 17 | prohibited from disclosure under the First Responders | ||||||
| 18 | Suicide Prevention Act. | ||||||
| 19 | (pp) Names and all identifying information relating to | ||||||
| 20 | an employee of an emergency services provider or law | ||||||
| 21 | enforcement agency under the First Responders Suicide | ||||||
| 22 | Prevention Act. | ||||||
| 23 | (qq) Information and records held by the Department of | ||||||
| 24 | Public Health and its authorized representatives collected | ||||||
| 25 | under the Reproductive Health Act. | ||||||
| 26 | (rr) Information that is exempt from disclosure under | ||||||
| |||||||
| |||||||
| 1 | the Cannabis Regulation and Tax Act. | ||||||
| 2 | (ss) Data reported by an employer to the Department of | ||||||
| 3 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
| 4 | Human Rights Act. | ||||||
| 5 | (tt) Recordings made under the Children's Advocacy | ||||||
| 6 | Center Act, except to the extent authorized under that | ||||||
| 7 | Act. | ||||||
| 8 | (uu) Information that is exempt from disclosure under | ||||||
| 9 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
| 10 | (vv) Information that is exempt from disclosure under | ||||||
| 11 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
| 12 | Public Aid Code. | ||||||
| 13 | (ww) Information that is exempt from disclosure under | ||||||
| 14 | Section 16.8 of the State Treasurer Act. | ||||||
| 15 | (xx) Information that is exempt from disclosure or | ||||||
| 16 | information that shall not be made public under the | ||||||
| 17 | Illinois Insurance Code. | ||||||
| 18 | (yy) Information prohibited from being disclosed under | ||||||
| 19 | the Illinois Educational Labor Relations Act. | ||||||
| 20 | (zz) Information prohibited from being disclosed under | ||||||
| 21 | the Illinois Public Labor Relations Act. | ||||||
| 22 | (aaa) Information prohibited from being disclosed | ||||||
| 23 | under Section 1-167 of the Illinois Pension Code. | ||||||
| 24 | (bbb) Information that is prohibited from disclosure | ||||||
| 25 | by the Illinois Police Training Act and the Illinois State | ||||||
| 26 | Police Act. | ||||||
| |||||||
| |||||||
| 1 | (ccc) Records exempt from disclosure under Section | ||||||
| 2 | 2605-304 of the Illinois State Police Law of the Civil | ||||||
| 3 | Administrative Code of Illinois. | ||||||
| 4 | (ddd) Information prohibited from being disclosed | ||||||
| 5 | under Section 35 of the Address Confidentiality for | ||||||
| 6 | Victims of Domestic Violence, Sexual Assault, Human | ||||||
| 7 | Trafficking, or Stalking Act. | ||||||
| 8 | (eee) Information prohibited from being disclosed | ||||||
| 9 | under subsection (b) of Section 75 of the Domestic | ||||||
| 10 | Violence Fatality Review Act. | ||||||
| 11 | (fff) Images from cameras under the Expressway Camera | ||||||
| 12 | Act and all automated license plate reader (ALPR) | ||||||
| 13 | information used and collected by the Illinois State | ||||||
| 14 | Police. "ALPR information" means information gathered by | ||||||
| 15 | an ALPR or created from the analysis of data generated by | ||||||
| 16 | an ALPR. This subsection (fff) is inoperative on and after | ||||||
| 17 | July 1, 2028. | ||||||
| 18 | (ggg) Information prohibited from disclosure under | ||||||
| 19 | paragraph (3) of subsection (a) of Section 14 of the Nurse | ||||||
| 20 | Agency Licensing Act. | ||||||
| 21 | (hhh) Information submitted to the Illinois State | ||||||
| 22 | Police in an affidavit or application for an assault | ||||||
| 23 | weapon endorsement, assault weapon attachment endorsement, | ||||||
| 24 | .50 caliber rifle endorsement, or .50 caliber cartridge | ||||||
| 25 | endorsement under the Firearm Owners Identification Card | ||||||
| 26 | Act. | ||||||
| |||||||
| |||||||
| 1 | (iii) Data exempt from disclosure under Section 50 of | ||||||
| 2 | the School Safety Drill Act. | ||||||
| 3 | (jjj) Information exempt from disclosure under Section | ||||||
| 4 | 30 of the Insurance Data Security Law. | ||||||
| 5 | (kkk) Confidential business information prohibited | ||||||
| 6 | from disclosure under Section 45 of the Paint Stewardship | ||||||
| 7 | Act. | ||||||
| 8 | (lll) Data exempt from disclosure under Section | ||||||
| 9 | 2-3.196 of the School Code. | ||||||
| 10 | (mmm) Information prohibited from being disclosed | ||||||
| 11 | under subsection (e) of Section 1-129 of the Illinois | ||||||
| 12 | Power Agency Act. | ||||||
| 13 | (nnn) Materials received by the Department of Commerce | ||||||
| 14 | and Economic Opportunity that are confidential under the | ||||||
| 15 | Music and Musicians Tax Credit and Jobs Act. | ||||||
| 16 | (ooo) Data or information provided pursuant to Section | ||||||
| 17 | 20 of the Statewide Recycling Needs and Assessment Act. | ||||||
| 18 | (ppp) Information that is exempt from disclosure under | ||||||
| 19 | Section 28-11 of the Lawful Health Care Activity Act. | ||||||
| 20 | (qqq) Information that is exempt from disclosure under | ||||||
| 21 | Section 7-101 of the Illinois Human Rights Act. | ||||||
| 22 | (rrr) Information prohibited from being disclosed | ||||||
| 23 | under Section 4-2 of the Uniform Money Transmission | ||||||
| 24 | Modernization Act. | ||||||
| 25 | (sss) Information exempt from disclosure under Section | ||||||
| 26 | 40 of the Student-Athlete Endorsement Rights Act. | ||||||
| |||||||
| |||||||
| 1 | (ttt) Audio recordings made under Section 30 of the | ||||||
| 2 | Illinois State Police Act, except to the extent authorized | ||||||
| 3 | under that Section. | ||||||
| 4 | (uuu) Information prohibited from being disclosed | ||||||
| 5 | under Section 30-5 of the Digital Assets Regulation Act. | ||||||
| 6 | (www) Criminal history record information, as defined | ||||||
| 7 | in the Illinois Criminal Justice Information Act. | ||||||
| 8 | (xxx) Personal and private information, if the | ||||||
| 9 | personal or private information was submitted to and | ||||||
| 10 | maintained by the Illinois State Police under the Criminal | ||||||
| 11 | Identification Act. These records are exempt from | ||||||
| 12 | disclosure by (i) the Illinois State Police and (ii) a | ||||||
| 13 | public agency that received this information from the | ||||||
| 14 | Illinois State Police. Personal information includes dates | ||||||
| 15 | of birth; race; ethnicity; marital status; medical | ||||||
| 16 | information describing injuries, illnesses, and/or | ||||||
| 17 | treatments; death-scene images of a decedent; names of | ||||||
| 18 | surviving victims; and names of uninvolved third parties. | ||||||
| 19 | Private information is defined in Sections 2(c-5) and | ||||||
| 20 | 7(1)(b) of this Act. | ||||||
| 21 | (Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23; | ||||||
| 22 | 103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff. | ||||||
| 23 | 8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592, | ||||||
| 24 | eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24; | ||||||
| 25 | 103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff. | ||||||
| 26 | 8-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081, | ||||||
| |||||||
| |||||||
| 1 | eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25; | ||||||
| 2 | 104-417, eff. 8-15-25; 104-428, eff. 8-18-25; 104-457, eff. | ||||||
| 3 | 6-1-26; revised 1-7-26.) | ||||||
| 4 | (Text of Section after amendment by P.A. 104-441) | ||||||
| 5 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
| 6 | by the statutes referenced below, the following shall be | ||||||
| 7 | exempt from inspection and copying: | ||||||
| 8 | (a) All information determined to be confidential | ||||||
| 9 | under Section 4002 of the Technology Advancement and | ||||||
| 10 | Development Act. | ||||||
| 11 | (b) Library circulation and order records identifying | ||||||
| 12 | library users with specific materials under the Library | ||||||
| 13 | Records Confidentiality Act. | ||||||
| 14 | (c) Applications, related documents, and medical | ||||||
| 15 | records received by the Experimental Organ Transplantation | ||||||
| 16 | Procedures Board and any and all documents or other | ||||||
| 17 | records prepared by the Experimental Organ Transplantation | ||||||
| 18 | Procedures Board or its staff relating to applications it | ||||||
| 19 | has received. | ||||||
| 20 | (d) Information and records held by the Department of | ||||||
| 21 | Public Health and its authorized representatives relating | ||||||
| 22 | to known or suspected cases of sexually transmitted | ||||||
| 23 | infection or any information the disclosure of which is | ||||||
| 24 | restricted under the Illinois Sexually Transmitted | ||||||
| 25 | Infection Control Act. | ||||||
| |||||||
| |||||||
| 1 | (e) Information the disclosure of which is exempted | ||||||
| 2 | under Section 30 of the Radon Industry Licensing Act. | ||||||
| 3 | (f) Firm performance evaluations under Section 55 of | ||||||
| 4 | the Architectural, Engineering, and Land Surveying | ||||||
| 5 | Qualifications Based Selection Act. | ||||||
| 6 | (g) Information the disclosure of which is restricted | ||||||
| 7 | and exempted under Section 50 of the Illinois Prepaid | ||||||
| 8 | Tuition Act. | ||||||
| 9 | (h) Information the disclosure of which is exempted | ||||||
| 10 | under the State Officials and Employees Ethics Act, and | ||||||
| 11 | records of any lawfully created State or local inspector | ||||||
| 12 | general's office that would be exempt if created or | ||||||
| 13 | obtained by an Executive Inspector General's office under | ||||||
| 14 | that Act. | ||||||
| 15 | (i) Information contained in a local emergency energy | ||||||
| 16 | plan submitted to a municipality in accordance with a | ||||||
| 17 | local emergency energy plan ordinance that is adopted | ||||||
| 18 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
| 19 | (j) Information and data concerning the distribution | ||||||
| 20 | of surcharge moneys collected and remitted by carriers | ||||||
| 21 | under the Emergency Telephone System Act. | ||||||
| 22 | (k) Law enforcement officer identification information | ||||||
| 23 | or driver identification information compiled by a law | ||||||
| 24 | enforcement agency or the Department of Transportation | ||||||
| 25 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
| 26 | (l) Records and information provided to a residential | ||||||
| |||||||
| |||||||
| 1 | health care facility resident sexual assault and death | ||||||
| 2 | review team or the Executive Council under the Abuse | ||||||
| 3 | Prevention Review Team Act. | ||||||
| 4 | (m) Information provided to the predatory lending | ||||||
| 5 | database created pursuant to Article 3 of the Residential | ||||||
| 6 | Real Property Disclosure Act, except to the extent | ||||||
| 7 | authorized under that Article. | ||||||
| 8 | (n) Defense budgets and petitions for certification of | ||||||
| 9 | compensation and expenses for court appointed trial | ||||||
| 10 | counsel as provided under Sections 10 and 15 of the | ||||||
| 11 | Capital Crimes Litigation Act (repealed). This subsection | ||||||
| 12 | (n) shall apply until the conclusion of the trial of the | ||||||
| 13 | case, even if the prosecution chooses not to pursue the | ||||||
| 14 | death penalty prior to trial or sentencing. | ||||||
| 15 | (o) Information that is prohibited from being | ||||||
| 16 | disclosed under Section 4 of the Illinois Health and | ||||||
| 17 | Hazardous Substances Registry Act. | ||||||
| 18 | (p) Security portions of system safety program plans, | ||||||
| 19 | investigation reports, surveys, schedules, lists, data, or | ||||||
| 20 | information compiled, collected, or prepared by or for the | ||||||
| 21 | Department of Transportation under Sections 2705-300 and | ||||||
| 22 | 2705-616 of the Department of Transportation Law of the | ||||||
| 23 | Civil Administrative Code of Illinois, the Northern | ||||||
| 24 | Illinois Transit Authority under Section 2.11 of the | ||||||
| 25 | Northern Illinois Transit Authority Act, or the St. Clair | ||||||
| 26 | County Transit District under the Bi-State Transit Safety | ||||||
| |||||||
| |||||||
| 1 | Act (repealed). | ||||||
| 2 | (q) Information prohibited from being disclosed by the | ||||||
| 3 | Personnel Record Review Act. | ||||||
| 4 | (r) Information prohibited from being disclosed by the | ||||||
| 5 | Illinois School Student Records Act. | ||||||
| 6 | (s) Information the disclosure of which is restricted | ||||||
| 7 | under Section 5-108 of the Public Utilities Act. | ||||||
| 8 | (t) (Blank). | ||||||
| 9 | (u) Records and information provided to an independent | ||||||
| 10 | team of experts under the Developmental Disability and | ||||||
| 11 | Mental Health Safety Act (also known as Brian's Law). | ||||||
| 12 | (v) Names and information of people who have applied | ||||||
| 13 | for or received Firearm Owner's Identification Cards under | ||||||
| 14 | the Firearm Owners Identification Card Act or applied for | ||||||
| 15 | or received a concealed carry license under the Firearm | ||||||
| 16 | Concealed Carry Act, unless otherwise authorized by the | ||||||
| 17 | Firearm Concealed Carry Act; and databases under the | ||||||
| 18 | Firearm Concealed Carry Act, records of the Concealed | ||||||
| 19 | Carry Licensing Review Board under the Firearm Concealed | ||||||
| 20 | Carry Act, and law enforcement agency objections under the | ||||||
| 21 | Firearm Concealed Carry Act. | ||||||
| 22 | (v-5) Records of the Firearm Owner's Identification | ||||||
| 23 | Card Review Board that are exempted from disclosure under | ||||||
| 24 | Section 10 of the Firearm Owners Identification Card Act. | ||||||
| 25 | (w) Personally identifiable information which is | ||||||
| 26 | exempted from disclosure under subsection (g) of Section | ||||||
| |||||||
| |||||||
| 1 | 19.1 of the Toll Highway Act. | ||||||
| 2 | (x) Information which is exempted from disclosure | ||||||
| 3 | under Section 5-1014.3 of the Counties Code or Section | ||||||
| 4 | 8-11-21 of the Illinois Municipal Code. | ||||||
| 5 | (y) Confidential information under the Adult | ||||||
| 6 | Protective Services Act and its predecessor enabling | ||||||
| 7 | statute, the Elder Abuse and Neglect Act, including | ||||||
| 8 | information about the identity and administrative finding | ||||||
| 9 | against any caregiver of a verified and substantiated | ||||||
| 10 | decision of abuse, neglect, or financial exploitation of | ||||||
| 11 | an eligible adult maintained in the Registry established | ||||||
| 12 | under Section 7.5 of the Adult Protective Services Act. | ||||||
| 13 | (z) Records and information provided to a fatality | ||||||
| 14 | review team or the Illinois Fatality Review Team Advisory | ||||||
| 15 | Council under Section 15 of the Adult Protective Services | ||||||
| 16 | Act. | ||||||
| 17 | (aa) Information which is exempted from disclosure | ||||||
| 18 | under Section 2.37 of the Wildlife Code. | ||||||
| 19 | (bb) Information which is or was prohibited from | ||||||
| 20 | disclosure by the Juvenile Court Act of 1987. | ||||||
| 21 | (cc) Recordings made under the Law Enforcement | ||||||
| 22 | Officer-Worn Body Camera Act, except to the extent | ||||||
| 23 | authorized under that Act. | ||||||
| 24 | (dd) Information that is prohibited from being | ||||||
| 25 | disclosed under Section 45 of the Condominium and Common | ||||||
| 26 | Interest Community Ombudsperson Act. | ||||||
| |||||||
| |||||||
| 1 | (ee) Information that is exempted from disclosure | ||||||
| 2 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
| 3 | (ff) Information that is exempted from disclosure | ||||||
| 4 | under the Revised Uniform Unclaimed Property Act. | ||||||
| 5 | (gg) Information that is prohibited from being | ||||||
| 6 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
| 7 | Code. | ||||||
| 8 | (hh) Records that are exempt from disclosure under | ||||||
| 9 | Section 1A-16.7 of the Election Code. | ||||||
| 10 | (ii) Information which is exempted from disclosure | ||||||
| 11 | under Section 2505-800 of the Department of Revenue Law of | ||||||
| 12 | the Civil Administrative Code of Illinois. | ||||||
| 13 | (jj) Information and reports that are required to be | ||||||
| 14 | submitted to the Department of Labor by registering day | ||||||
| 15 | and temporary labor service agencies but are exempt from | ||||||
| 16 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
| 17 | and Temporary Labor Services Act. | ||||||
| 18 | (kk) Information prohibited from disclosure under the | ||||||
| 19 | Seizure and Forfeiture Reporting Act. | ||||||
| 20 | (ll) Information the disclosure of which is restricted | ||||||
| 21 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
| 22 | Aid Code. | ||||||
| 23 | (mm) Records that are exempt from disclosure under | ||||||
| 24 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
| 25 | (nn) Information that is exempt from disclosure under | ||||||
| 26 | Section 70 of the Higher Education Student Assistance Act. | ||||||
| |||||||
| |||||||
| 1 | (oo) Communications, notes, records, and reports | ||||||
| 2 | arising out of a peer support counseling session | ||||||
| 3 | prohibited from disclosure under the First Responders | ||||||
| 4 | Suicide Prevention Act. | ||||||
| 5 | (pp) Names and all identifying information relating to | ||||||
| 6 | an employee of an emergency services provider or law | ||||||
| 7 | enforcement agency under the First Responders Suicide | ||||||
| 8 | Prevention Act. | ||||||
| 9 | (qq) Information and records held by the Department of | ||||||
| 10 | Public Health and its authorized representatives collected | ||||||
| 11 | under the Reproductive Health Act. | ||||||
| 12 | (rr) Information that is exempt from disclosure under | ||||||
| 13 | the Cannabis Regulation and Tax Act. | ||||||
| 14 | (ss) Data reported by an employer to the Department of | ||||||
| 15 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
| 16 | Human Rights Act. | ||||||
| 17 | (tt) Recordings made under the Children's Advocacy | ||||||
| 18 | Center Act, except to the extent authorized under that | ||||||
| 19 | Act. | ||||||
| 20 | (uu) Information that is exempt from disclosure under | ||||||
| 21 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
| 22 | (vv) Information that is exempt from disclosure under | ||||||
| 23 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
| 24 | Public Aid Code. | ||||||
| 25 | (ww) Information that is exempt from disclosure under | ||||||
| 26 | Section 16.8 of the State Treasurer Act. | ||||||
| |||||||
| |||||||
| 1 | (xx) Information that is exempt from disclosure or | ||||||
| 2 | information that shall not be made public under the | ||||||
| 3 | Illinois Insurance Code. | ||||||
| 4 | (yy) Information prohibited from being disclosed under | ||||||
| 5 | the Illinois Educational Labor Relations Act. | ||||||
| 6 | (zz) Information prohibited from being disclosed under | ||||||
| 7 | the Illinois Public Labor Relations Act. | ||||||
| 8 | (aaa) Information prohibited from being disclosed | ||||||
| 9 | under Section 1-167 of the Illinois Pension Code. | ||||||
| 10 | (bbb) Information that is prohibited from disclosure | ||||||
| 11 | by the Illinois Police Training Act and the Illinois State | ||||||
| 12 | Police Act. | ||||||
| 13 | (ccc) Records exempt from disclosure under Section | ||||||
| 14 | 2605-304 of the Illinois State Police Law of the Civil | ||||||
| 15 | Administrative Code of Illinois. | ||||||
| 16 | (ddd) Information prohibited from being disclosed | ||||||
| 17 | under Section 35 of the Address Confidentiality for | ||||||
| 18 | Victims of Domestic Violence, Sexual Assault, Human | ||||||
| 19 | Trafficking, or Stalking Act. | ||||||
| 20 | (eee) Information prohibited from being disclosed | ||||||
| 21 | under subsection (b) of Section 75 of the Domestic | ||||||
| 22 | Violence Fatality Review Act. | ||||||
| 23 | (fff) Images from cameras under the Expressway Camera | ||||||
| 24 | Act and all automated license plate reader (ALPR) | ||||||
| 25 | information used and collected by the Illinois State | ||||||
| 26 | Police. "ALPR information" means information gathered by | ||||||
| |||||||
| |||||||
| 1 | an ALPR or created from the analysis of data generated by | ||||||
| 2 | an ALPR. This subsection (fff) is inoperative on and after | ||||||
| 3 | July 1, 2028. | ||||||
| 4 | (ggg) Information prohibited from disclosure under | ||||||
| 5 | paragraph (3) of subsection (a) of Section 14 of the Nurse | ||||||
| 6 | Agency Licensing Act. | ||||||
| 7 | (hhh) Information submitted to the Illinois State | ||||||
| 8 | Police in an affidavit or application for an assault | ||||||
| 9 | weapon endorsement, assault weapon attachment endorsement, | ||||||
| 10 | .50 caliber rifle endorsement, or .50 caliber cartridge | ||||||
| 11 | endorsement under the Firearm Owners Identification Card | ||||||
| 12 | Act. | ||||||
| 13 | (iii) Data exempt from disclosure under Section 50 of | ||||||
| 14 | the School Safety Drill Act. | ||||||
| 15 | (jjj) Information exempt from disclosure under Section | ||||||
| 16 | 30 of the Insurance Data Security Law. | ||||||
| 17 | (kkk) Confidential business information prohibited | ||||||
| 18 | from disclosure under Section 45 of the Paint Stewardship | ||||||
| 19 | Act. | ||||||
| 20 | (lll) Data exempt from disclosure under Section | ||||||
| 21 | 2-3.196 of the School Code. | ||||||
| 22 | (mmm) Information prohibited from being disclosed | ||||||
| 23 | under subsection (e) of Section 1-129 of the Illinois | ||||||
| 24 | Power Agency Act. | ||||||
| 25 | (nnn) Materials received by the Department of Commerce | ||||||
| 26 | and Economic Opportunity that are confidential under the | ||||||
| |||||||
| |||||||
| 1 | Music and Musicians Tax Credit and Jobs Act. | ||||||
| 2 | (ooo) Data or information provided pursuant to Section | ||||||
| 3 | 20 of the Statewide Recycling Needs and Assessment Act. | ||||||
| 4 | (ppp) Information that is exempt from disclosure under | ||||||
| 5 | Section 28-11 of the Lawful Health Care Activity Act. | ||||||
| 6 | (qqq) Information that is exempt from disclosure under | ||||||
| 7 | Section 7-101 of the Illinois Human Rights Act. | ||||||
| 8 | (rrr) Information prohibited from being disclosed | ||||||
| 9 | under Section 4-2 of the Uniform Money Transmission | ||||||
| 10 | Modernization Act. | ||||||
| 11 | (sss) Information exempt from disclosure under Section | ||||||
| 12 | 40 of the Student-Athlete Endorsement Rights Act. | ||||||
| 13 | (ttt) Audio recordings made under Section 30 of the | ||||||
| 14 | Illinois State Police Act, except to the extent authorized | ||||||
| 15 | under that Section. | ||||||
| 16 | (uuu) Information prohibited from being disclosed | ||||||
| 17 | under Section 30-5 of the Digital Assets Regulation Act. | ||||||
| 18 | (vvv) (uuu) Information exempt from disclosure under | ||||||
| 19 | Section 70 of the End-of-Life Options for Terminally Ill | ||||||
| 20 | Patients Act. | ||||||
| 21 | (www) Criminal history record information, as defined | ||||||
| 22 | in the Illinois Criminal Justice Information Act. | ||||||
| 23 | (xxx) Personal and private information, if the | ||||||
| 24 | personal or private information was submitted to and | ||||||
| 25 | maintained by the Illinois State Police under the Criminal | ||||||
| 26 | Identification Act. These records are exempt from | ||||||
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| 1 | disclosure by (i) the Illinois State Police and (ii) a | ||||||
| 2 | public agency that received this information from the | ||||||
| 3 | Illinois State Police. Personal information includes dates | ||||||
| 4 | of birth; race; ethnicity; marital status; medical | ||||||
| 5 | information describing injuries, illnesses, and/or | ||||||
| 6 | treatments; death-scene images of a decedent; names of | ||||||
| 7 | surviving victims; and names of uninvolved third parties. | ||||||
| 8 | Private information is defined in Sections 2(c-5) and | ||||||
| 9 | 7(1)(b) of this Act. | ||||||
| 10 | (Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23; | ||||||
| 11 | 103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff. | ||||||
| 12 | 8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592, | ||||||
| 13 | eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24; | ||||||
| 14 | 103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff. | ||||||
| 15 | 8-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081, | ||||||
| 16 | eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25; | ||||||
| 17 | 104-417, eff. 8-15-25; 104-428, eff. 8-18-25; 104-441, eff. | ||||||
| 18 | 9-12-26; 104-457, eff. 6-1-26; revised 1-7-26.) | ||||||
| 19 | Section 95. No acceleration or delay. Where this Act makes | ||||||
| 20 | changes in a statute that is represented in this Act by text | ||||||
| 21 | that is not yet or no longer in effect (for example, a Section | ||||||
| 22 | represented by multiple versions), the use of that text does | ||||||
| 23 | not accelerate or delay the taking effect of (i) the changes | ||||||
| 24 | made by this Act or (ii) provisions derived from any other | ||||||
| 25 | Public Act. | ||||||
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| 1 | Section 99. Effective date. This Act takes effect January | ||||||
| 2 | 1, 2027. | ||||||