102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3990

 

Introduced 3/4/2021, by Rep. Jaime M. Andrade, Jr.

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 140/7.5
775 ILCS 55/40 new

    Amends the Reproductive Health Act. Provides that a health care professional who provides abortion-related care may submit, to any governmental agency, person, business, or association, a written request that the governmental agency, person, business, or association refrain from disclosing any personal information about the health care professional. Provides that if a governmental agency receives a written request from a health care professional, the governmental agency shall not publicly post or display publicly available content that includes any personal information of the health care professional. Exempts the personal information of the health care professional from the Freedom of Information Act. Provides that if a person, business, or association receives a written request from a health care professional, the person, business, or association shall refrain from publicly posting or displaying on the Internet publicly available content that includes the personal information of a health care professional. Provides that no person, business, or association shall solicit, sell, or trade any personal information of the health care professional with the intent to post an imminent or serious threat to the health and safety of the health care professional or his or her immediate family. Allows a health care professional to bring an action against a governmental agency, person, business, or association, seeking injunctive or declaratory relief if a written request is violated. Provides that it a Class 3 felony for any person to knowingly publicly post on the Internet the personal information of a health care professional or his or her immediate family if the person knows or reasonably should know that publicly posting the personal information poses an imminent and serious threat to the health and safety of the health care professional or his or her immediate family, and the violation is a proximate cause of bodily injury or death of the health care professional or his or her immediate family member. Makes a conforming change in the Freedom of Information Act.


LRB102 04388 LNS 14406 b

 

 

A BILL FOR

 

HB3990LRB102 04388 LNS 14406 b

1    AN ACT concerning human rights.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
 
6    (5 ILCS 140/7.5)
7    Sec. 7.5. Statutory exemptions. To the extent provided for
8by the statutes referenced below, the following shall be
9exempt from inspection and copying:
10        (a) All information determined to be confidential
11    under Section 4002 of the Technology Advancement and
12    Development Act.
13        (b) Library circulation and order records identifying
14    library users with specific materials under the Library
15    Records Confidentiality Act.
16        (c) Applications, related documents, and medical
17    records received by the Experimental Organ Transplantation
18    Procedures Board and any and all documents or other
19    records prepared by the Experimental Organ Transplantation
20    Procedures Board or its staff relating to applications it
21    has received.
22        (d) Information and records held by the Department of
23    Public Health and its authorized representatives relating

 

 

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1    to known or suspected cases of sexually transmissible
2    disease or any information the disclosure of which is
3    restricted under the Illinois Sexually Transmissible
4    Disease Control Act.
5        (e) Information the disclosure of which is exempted
6    under Section 30 of the Radon Industry Licensing Act.
7        (f) Firm performance evaluations under Section 55 of
8    the Architectural, Engineering, and Land Surveying
9    Qualifications Based Selection Act.
10        (g) Information the disclosure of which is restricted
11    and exempted under Section 50 of the Illinois Prepaid
12    Tuition Act.
13        (h) Information the disclosure of which is exempted
14    under the State Officials and Employees Ethics Act, and
15    records of any lawfully created State or local inspector
16    general's office that would be exempt if created or
17    obtained by an Executive Inspector General's office under
18    that Act.
19        (i) Information contained in a local emergency energy
20    plan submitted to a municipality in accordance with a
21    local emergency energy plan ordinance that is adopted
22    under Section 11-21.5-5 of the Illinois Municipal Code.
23        (j) Information and data concerning the distribution
24    of surcharge moneys collected and remitted by carriers
25    under the Emergency Telephone System Act.
26        (k) Law enforcement officer identification information

 

 

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1    or driver identification information compiled by a law
2    enforcement agency or the Department of Transportation
3    under Section 11-212 of the Illinois Vehicle Code.
4        (l) Records and information provided to a residential
5    health care facility resident sexual assault and death
6    review team or the Executive Council under the Abuse
7    Prevention Review Team Act.
8        (m) Information provided to the predatory lending
9    database created pursuant to Article 3 of the Residential
10    Real Property Disclosure Act, except to the extent
11    authorized under that Article.
12        (n) Defense budgets and petitions for certification of
13    compensation and expenses for court appointed trial
14    counsel as provided under Sections 10 and 15 of the
15    Capital Crimes Litigation Act. This subsection (n) shall
16    apply until the conclusion of the trial of the case, even
17    if the prosecution chooses not to pursue the death penalty
18    prior to trial or sentencing.
19        (o) Information that is prohibited from being
20    disclosed under Section 4 of the Illinois Health and
21    Hazardous Substances Registry Act.
22        (p) Security portions of system safety program plans,
23    investigation reports, surveys, schedules, lists, data, or
24    information compiled, collected, or prepared by or for the
25    Regional Transportation Authority under Section 2.11 of
26    the Regional Transportation Authority Act or the St. Clair

 

 

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1    County Transit District under the Bi-State Transit Safety
2    Act.
3        (q) Information prohibited from being disclosed by the
4    Personnel Record Review Act.
5        (r) Information prohibited from being disclosed by the
6    Illinois School Student Records Act.
7        (s) Information the disclosure of which is restricted
8    under Section 5-108 of the Public Utilities Act.
9        (t) All identified or deidentified health information
10    in the form of health data or medical records contained
11    in, stored in, submitted to, transferred by, or released
12    from the Illinois Health Information Exchange, and
13    identified or deidentified health information in the form
14    of health data and medical records of the Illinois Health
15    Information Exchange in the possession of the Illinois
16    Health Information Exchange Office due to its
17    administration of the Illinois Health Information
18    Exchange. The terms "identified" and "deidentified" shall
19    be given the same meaning as in the Health Insurance
20    Portability and Accountability Act of 1996, Public Law
21    104-191, or any subsequent amendments thereto, and any
22    regulations promulgated thereunder.
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

 

 

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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        (w) Personally identifiable information which is
11    exempted from disclosure under subsection (g) of Section
12    19.1 of the Toll Highway Act.
13        (x) Information which is exempted from disclosure
14    under Section 5-1014.3 of the Counties Code or Section
15    8-11-21 of the Illinois Municipal Code.
16        (y) Confidential information under the Adult
17    Protective Services Act and its predecessor enabling
18    statute, the Elder Abuse and Neglect Act, including
19    information about the identity and administrative finding
20    against any caregiver of a verified and substantiated
21    decision of abuse, neglect, or financial exploitation of
22    an eligible adult maintained in the Registry established
23    under Section 7.5 of the Adult Protective Services Act.
24        (z) Records and information provided to a fatality
25    review team or the Illinois Fatality Review Team Advisory
26    Council under Section 15 of the Adult Protective Services

 

 

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1    Act.
2        (aa) Information which is exempted from disclosure
3    under Section 2.37 of the Wildlife Code.
4        (bb) Information which is or was prohibited from
5    disclosure by the Juvenile Court Act of 1987.
6        (cc) Recordings made under the Law Enforcement
7    Officer-Worn Body Camera Act, except to the extent
8    authorized under that Act.
9        (dd) Information that is prohibited from being
10    disclosed under Section 45 of the Condominium and Common
11    Interest Community Ombudsperson Act.
12        (ee) Information that is exempted from disclosure
13    under Section 30.1 of the Pharmacy Practice Act.
14        (ff) Information that is exempted from disclosure
15    under the Revised Uniform Unclaimed Property Act.
16        (gg) Information that is prohibited from being
17    disclosed under Section 7-603.5 of the Illinois Vehicle
18    Code.
19        (hh) Records that are exempt from disclosure under
20    Section 1A-16.7 of the Election Code.
21        (ii) Information which is exempted from disclosure
22    under Section 2505-800 of the Department of Revenue Law of
23    the Civil Administrative Code of Illinois.
24        (jj) Information and reports that are required to be
25    submitted to the Department of Labor by registering day
26    and temporary labor service agencies but are exempt from

 

 

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1    disclosure under subsection (a-1) of Section 45 of the Day
2    and Temporary Labor Services Act.
3        (kk) Information prohibited from disclosure under the
4    Seizure and Forfeiture Reporting Act.
5        (ll) Information the disclosure of which is restricted
6    and exempted under Section 5-30.8 of the Illinois Public
7    Aid Code.
8        (mm) Records that are exempt from disclosure under
9    Section 4.2 of the Crime Victims Compensation Act.
10        (nn) Information that is exempt from disclosure under
11    Section 70 of the Higher Education Student Assistance Act.
12        (oo) Communications, notes, records, and reports
13    arising out of a peer support counseling session
14    prohibited from disclosure under the First Responders
15    Suicide Prevention Act.
16        (pp) Names and all identifying information relating to
17    an employee of an emergency services provider or law
18    enforcement agency under the First Responders Suicide
19    Prevention Act.
20        (qq) Information and records held by the Department of
21    Public Health and its authorized representatives collected
22    under the Reproductive Health Act.
23        (rr) Information that is exempt from disclosure under
24    the Cannabis Regulation and Tax Act.
25        (ss) Data reported by an employer to the Department of
26    Human Rights pursuant to Section 2-108 of the Illinois

 

 

HB3990- 8 -LRB102 04388 LNS 14406 b

1    Human Rights Act.
2        (tt) Recordings made under the Children's Advocacy
3    Center Act, except to the extent authorized under that
4    Act.
5        (uu) Information that is exempt from disclosure under
6    Section 50 of the Sexual Assault Evidence Submission Act.
7        (vv) Information that is exempt from disclosure under
8    subsections (f) and (j) of Section 5-36 of the Illinois
9    Public Aid Code.
10        (ww) Information that is exempt from disclosure under
11    Section 16.8 of the State Treasurer Act.
12        (xx) Information that is exempt from disclosure or
13    information that shall not be made public under the
14    Illinois Insurance Code.
15        (yy) Information prohibited from being disclosed under
16    the Illinois Educational Labor Relations Act.
17        (zz) Information prohibited from being disclosed under
18    the Illinois Public Labor Relations Act.
19        (aaa) Information prohibited from being disclosed
20    under Section 1-167 of the Illinois Pension Code.
21        (bbb) Information that is exempt from disclosure under
22    Section 40 of the Reproductive Health Act.
23(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
24100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
258-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
26eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;

 

 

HB3990- 9 -LRB102 04388 LNS 14406 b

1100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
26-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
3eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
4101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
51-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
6eff. 7-7-20.)
 
7    Section 10. The Reproductive Health Act is amended by
8adding Section 40 as follows:
 
9    (775 ILCS 55/40 new)
10    Sec. 40. Health care professional privacy.
11    (a) A health care professional who provides
12abortion-related care may submit, to any governmental agency,
13person, business, or association, a written request that the
14governmental agency, person, business, or association refrain
15from disclosing any personal information about the health care
16professional.
17    A representative from the health care professional's
18employer may submit a written request on behalf of the health
19care professional, if: (i) the health care professional gives
20written consent to the representative; and (ii) the
21representative agrees to furnish a copy of that consent when a
22written request is made. The representative shall submit the
23written request directly to a governmental agency, person,
24business or association.

 

 

HB3990- 10 -LRB102 04388 LNS 14406 b

1    A written request is valid if the health care
2professional, or representative of the health care
3professional's employer, sends a written request directly to a
4governmental agency, person, business, or association.
5    (b) The written request shall specify:
6        (1) what personal information of the health care
7    professional shall be maintained private;
8        (2) if a health care professional wishes to identify a
9    secondary residence as a home address, the designation of
10    such; and
11        (3) the identity of any immediate family, and any
12    personal information of those persons that shall be
13    excluded to the extent that it could reasonably be
14    expected to reveal the personal information of the health
15    care professional.
16    (c) A written request is valid until the health care
17professional provides the governmental agency, person,
18business, or association with written permission to release
19the personal information. Otherwise, a written request from a
20health care professional expires on death.
21    (d) If a governmental agency receives a written request
22from a health care professional in accordance with subsections
23(a) and (b), the governmental agency shall not publicly post
24or display publicly available content that includes any
25personal information of the health care professional. After
26receipt of the request, the governmental agency shall remove

 

 

HB3990- 11 -LRB102 04388 LNS 14406 b

1any personal information of the health care professional from
2the publicly available content within 5 business days, and
3shall not publicly post or display the personal information
4unless the health care professional has given the governmental
5agency written permission to release the personal information
6as required under subsection (c). The personal information of
7the health care professional is exempt from the Freedom of
8Information Act unless the governmental agency receives
9consent from the health care professional to make the personal
10information available to the public.
11    (e) If a governmental agency fails to comply with a
12written request under subsection (d), the health care
13professional may bring an action seeking injunctive or
14declaratory relief in any court of competent jurisdiction.
15    (f) If a person, business, or association receives a
16written request from a health care professional in accordance
17with subsections (a) and (b), the person, business, or
18association shall refrain from publicly posting or displaying
19on the Internet publicly available content that includes the
20personal information of a health care professional. After
21receipt of a written request, the person, business, or
22association: (i) has 72 hours to remove the personal
23information from the Internet; (ii) shall ensure that the
24personal information of the health care professional is not
25made available on any website or subsidiary website controlled
26by that person, business, or association; and (iii) shall not

 

 

HB3990- 12 -LRB102 04388 LNS 14406 b

1transfer the personal information of the health care
2professional to any other person, business, or association
3through any medium.
4    (g) No person, business, or association shall solicit,
5sell, or trade on the Internet any personal information of the
6health care professional with the intent to post an imminent
7or serious threat to the health and safety of the health care
8professional or his or her immediate family.
9    (h) A health care professional whose personal information
10is made public as a result of a violation of subsection (f) or
11(g) may bring an action seeking injunctive or declaratory
12relief in any court of competent jurisdiction. A court shall
13award a prevailing health care professional costs and
14reasonable attorney's fees.
15    (i) No governmental agency, person, business, or
16association shall be found to have violated any provision of
17this Section if the health care professional fails to submit a
18written request calling for the protection of the personal
19information of the health care professional.
20    (j) It is unlawful for any person to knowingly publicly
21post on the Internet the personal information of a health care
22professional or his or her immediate family if the person
23knows or reasonably should know that publicly posting the
24personal information poses an imminent and serious threat to
25the health and safety of the health care professional or his or
26her immediate family, and the violation is a proximate cause

 

 

HB3990- 13 -LRB102 04388 LNS 14406 b

1of bodily injury or death of the health care professional or
2his or her immediate family member. A person who violates this
3subsection is guilty of a Class 3 felony.
4    (k) It is not a violation of subsection (j) if an employee
5of a governmental agency publishes personal information, in
6good faith, on the website of the governmental agency in the
7ordinary course of carrying out public functions if the
8employee complied with the conditions of this Section.
9    (l) This Section and any rules adopted to implement this
10Section shall be construed broadly to favor the protection of
11the personal information of a health care professional.
12    (m) As used in this Section:
13    "Governmental agency" means all agencies, authorities,
14boards, commissions, departments, institutions, offices, and
15any other bodies politic and corporate of this State created
16by the constitution or statute, whether in the executive,
17judicial, or legislative branch; all units and corporate
18outgrowths created by executive order of the Governor or any
19constitutional officer, by the Supreme Court, or by resolution
20of the General Assembly; or agencies, authorities, boards,
21commissions, departments, institutions, offices, and any other
22bodies politic and corporate of a unit of local government, or
23school district.
24    "Home address" means a permanent residence of the health
25care professional and any secondary residences affirmatively
26identified by the health care professional.

 

 

HB3990- 14 -LRB102 04388 LNS 14406 b

1    "Immediate family" means a spouse, child, parent, or any
2blood relative of the health care professional or the spouse
3of the health care representative who lives in the same
4residence.
5    "Personal information" means a home address, home
6telephone number, mobile telephone number, pager number,
7personal email address, social security number, federal tax
8identification number, checking and savings account numbers,
9credit card numbers, marital status, and identity of children
10under the age of 18.
11    "Publicly available content" means any written, printed,
12or electronic document or record that provides information or
13that serves as a document or record maintained, controlled, or
14in the possession of a governmental agency that may be
15obtained by any person or entity, from the Internet, from a
16governmental agency upon request free of charge or for a fee,
17or in response to a request under the Freedom of Information
18Act.
19    "Publicly post" or "publicly display" means to communicate
20to another or otherwise make available to the general public.
21    "Written request" means written notice signed by a health
22care professional requesting a governmental agency, person,
23business, or association to refrain from posting or displaying
24publicly available content that includes the personal
25information of the health care professional.