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1     AN ACT concerning public health.
 
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 Section 7 as follows:
 
6     (5 ILCS 140/7)  (from Ch. 116, par. 207)
7     Sec. 7. Exemptions.
8     (1) The following shall be exempt from inspection and
9 copying:
10         (a) Information specifically prohibited from
11     disclosure by federal or State law or rules and regulations
12     adopted under federal or State law.
13         (b) Information that, if disclosed, would constitute a
14     clearly unwarranted invasion of personal privacy, unless
15     the disclosure is consented to in writing by the individual
16     subjects of the information. The disclosure of information
17     that bears on the public duties of public employees and
18     officials shall not be considered an invasion of personal
19     privacy. Information exempted under this subsection (b)
20     shall include but is not limited to:
21             (i) files and personal information maintained with
22         respect to clients, patients, residents, students or
23         other individuals receiving social, medical,

 

 

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1         educational, vocational, financial, supervisory or
2         custodial care or services directly or indirectly from
3         federal agencies or public bodies;
4             (ii) personnel files and personal information
5         maintained with respect to employees, appointees or
6         elected officials of any public body or applicants for
7         those positions;
8             (iii) files and personal information maintained
9         with respect to any applicant, registrant or licensee
10         by any public body cooperating with or engaged in
11         professional or occupational registration, licensure
12         or discipline;
13             (iv) information required of any taxpayer in
14         connection with the assessment or collection of any tax
15         unless disclosure is otherwise required by State
16         statute;
17             (v) information revealing the identity of persons
18         who file complaints with or provide information to
19         administrative, investigative, law enforcement or
20         penal agencies; provided, however, that identification
21         of witnesses to traffic accidents, traffic accident
22         reports, and rescue reports may be provided by agencies
23         of local government, except in a case for which a
24         criminal investigation is ongoing, without
25         constituting a clearly unwarranted per se invasion of
26         personal privacy under this subsection; and

 

 

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1             (vi) the names, addresses, or other personal
2         information of participants and registrants in park
3         district, forest preserve district, and conservation
4         district programs.
5         (c) Records compiled by any public body for
6     administrative enforcement proceedings and any law
7     enforcement or correctional agency for law enforcement
8     purposes or for internal matters of a public body, but only
9     to the extent that disclosure would:
10             (i) interfere with pending or actually and
11         reasonably contemplated law enforcement proceedings
12         conducted by any law enforcement or correctional
13         agency;
14             (ii) interfere with pending administrative
15         enforcement proceedings conducted by any public body;
16             (iii) deprive a person of a fair trial or an
17         impartial hearing;
18             (iv) unavoidably disclose the identity of a
19         confidential source or confidential information
20         furnished only by the confidential source;
21             (v) disclose unique or specialized investigative
22         techniques other than those generally used and known or
23         disclose internal documents of correctional agencies
24         related to detection, observation or investigation of
25         incidents of crime or misconduct;
26             (vi) constitute an invasion of personal privacy

 

 

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1         under subsection (b) of this Section;
2             (vii) endanger the life or physical safety of law
3         enforcement personnel or any other person; or
4             (viii) obstruct an ongoing criminal investigation.
5         (d) Criminal history record information maintained by
6     State or local criminal justice agencies, except the
7     following which shall be open for public inspection and
8     copying:
9             (i) chronologically maintained arrest information,
10         such as traditional arrest logs or blotters;
11             (ii) the name of a person in the custody of a law
12         enforcement agency and the charges for which that
13         person is being held;
14             (iii) court records that are public;
15             (iv) records that are otherwise available under
16         State or local law; or
17             (v) records in which the requesting party is the
18         individual identified, except as provided under part
19         (vii) of paragraph (c) of subsection (1) of this
20         Section.
21         "Criminal history record information" means data
22     identifiable to an individual and consisting of
23     descriptions or notations of arrests, detentions,
24     indictments, informations, pre-trial proceedings, trials,
25     or other formal events in the criminal justice system or
26     descriptions or notations of criminal charges (including

 

 

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1     criminal violations of local municipal ordinances) and the
2     nature of any disposition arising therefrom, including
3     sentencing, court or correctional supervision,
4     rehabilitation and release. The term does not apply to
5     statistical records and reports in which individuals are
6     not identified and from which their identities are not
7     ascertainable, or to information that is for criminal
8     investigative or intelligence purposes.
9         (e) Records that relate to or affect the security of
10     correctional institutions and detention facilities.
11         (f) Preliminary drafts, notes, recommendations,
12     memoranda and other records in which opinions are
13     expressed, or policies or actions are formulated, except
14     that a specific record or relevant portion of a record
15     shall not be exempt when the record is publicly cited and
16     identified by the head of the public body. The exemption
17     provided in this paragraph (f) extends to all those records
18     of officers and agencies of the General Assembly that
19     pertain to the preparation of legislative documents.
20         (g) Trade secrets and commercial or financial
21     information obtained from a person or business where the
22     trade secrets or information are proprietary, privileged
23     or confidential, or where disclosure of the trade secrets
24     or information may cause competitive harm, including:
25             (i) All information determined to be confidential
26         under Section 4002 of the Technology Advancement and

 

 

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1         Development Act.
2             (ii) All trade secrets and commercial or financial
3         information obtained by a public body, including a
4         public pension fund, from a private equity fund or a
5         privately held company within the investment portfolio
6         of a private equity fund as a result of either
7         investing or evaluating a potential investment of
8         public funds in a private equity fund. The exemption
9         contained in this item does not apply to the aggregate
10         financial performance information of a private equity
11         fund, nor to the identity of the fund's managers or
12         general partners. The exemption contained in this item
13         does not apply to the identity of a privately held
14         company within the investment portfolio of a private
15         equity fund, unless the disclosure of the identity of a
16         privately held company may cause competitive harm.
17     Nothing contained in this paragraph (g) shall be construed
18 to prevent a person or business from consenting to disclosure.
19         (h) Proposals and bids for any contract, grant, or
20     agreement, including information which if it were
21     disclosed would frustrate procurement or give an advantage
22     to any person proposing to enter into a contractor
23     agreement with the body, until an award or final selection
24     is made. Information prepared by or for the body in
25     preparation of a bid solicitation shall be exempt until an
26     award or final selection is made.

 

 

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1         (i) Valuable formulae, computer geographic systems,
2     designs, drawings and research data obtained or produced by
3     any public body when disclosure could reasonably be
4     expected to produce private gain or public loss. The
5     exemption for "computer geographic systems" provided in
6     this paragraph (i) does not extend to requests made by news
7     media as defined in Section 2 of this Act when the
8     requested information is not otherwise exempt and the only
9     purpose of the request is to access and disseminate
10     information regarding the health, safety, welfare, or
11     legal rights of the general public.
12         (j) Test questions, scoring keys and other examination
13     data used to administer an academic examination or
14     determined the qualifications of an applicant for a license
15     or employment.
16         (k) Architects' plans, engineers' technical
17     submissions, and other construction related technical
18     documents for projects not constructed or developed in
19     whole or in part with public funds and the same for
20     projects constructed or developed with public funds, but
21     only to the extent that disclosure would compromise
22     security, including but not limited to water treatment
23     facilities, airport facilities, sport stadiums, convention
24     centers, and all government owned, operated, or occupied
25     buildings.
26         (l) Library circulation and order records identifying

 

 

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1     library users with specific materials.
2         (m) Minutes of meetings of public bodies closed to the
3     public as provided in the Open Meetings Act until the
4     public body makes the minutes available to the public under
5     Section 2.06 of the Open Meetings Act.
6         (n) Communications between a public body and an
7     attorney or auditor representing the public body that would
8     not be subject to discovery in litigation, and materials
9     prepared or compiled by or for a public body in
10     anticipation of a criminal, civil or administrative
11     proceeding upon the request of an attorney advising the
12     public body, and materials prepared or compiled with
13     respect to internal audits of public bodies.
14         (o) Information received by a primary or secondary
15     school, college or university under its procedures for the
16     evaluation of faculty members by their academic peers.
17         (p) Administrative or technical information associated
18     with automated data processing operations, including but
19     not limited to software, operating protocols, computer
20     program abstracts, file layouts, source listings, object
21     modules, load modules, user guides, documentation
22     pertaining to all logical and physical design of
23     computerized systems, employee manuals, and any other
24     information that, if disclosed, would jeopardize the
25     security of the system or its data or the security of
26     materials exempt under this Section.

 

 

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1         (q) Documents or materials relating to collective
2     negotiating matters between public bodies and their
3     employees or representatives, except that any final
4     contract or agreement shall be subject to inspection and
5     copying.
6         (r) Drafts, notes, recommendations and memoranda
7     pertaining to the financing and marketing transactions of
8     the public body. The records of ownership, registration,
9     transfer, and exchange of municipal debt obligations, and
10     of persons to whom payment with respect to these
11     obligations is made.
12         (s) The records, documents and information relating to
13     real estate purchase negotiations until those negotiations
14     have been completed or otherwise terminated. With regard to
15     a parcel involved in a pending or actually and reasonably
16     contemplated eminent domain proceeding under the Eminent
17     Domain Act, records, documents and information relating to
18     that parcel shall be exempt except as may be allowed under
19     discovery rules adopted by the Illinois Supreme Court. The
20     records, documents and information relating to a real
21     estate sale shall be exempt until a sale is consummated.
22         (t) 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         (u) Information concerning a university's adjudication

 

 

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1     of student or employee grievance or disciplinary cases, to
2     the extent that disclosure would reveal the identity of the
3     student or employee and information concerning any public
4     body's adjudication of student or employee grievances or
5     disciplinary cases, except for the final outcome of the
6     cases.
7         (v) Course materials or research materials used by
8     faculty members.
9         (w) Information related solely to the internal
10     personnel rules and practices of a public body.
11         (x) Information contained in or related to
12     examination, operating, or condition reports prepared by,
13     on behalf of, or for the use of a public body responsible
14     for the regulation or supervision of financial
15     institutions or insurance companies, unless disclosure is
16     otherwise required by State law.
17         (y) Information the disclosure of which is restricted
18     under Section 5-108 of the Public Utilities Act.
19         (z) Manuals or instruction to staff that relate to
20     establishment or collection of liability for any State tax
21     or that relate to investigations by a public body to
22     determine violation of any criminal law.
23         (aa) Applications, related documents, and medical
24     records received by the Experimental Organ Transplantation
25     Procedures Board and any and all documents or other records
26     prepared by the Experimental Organ Transplantation

 

 

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1     Procedures Board or its staff relating to applications it
2     has received.
3         (bb) Insurance or self insurance (including any
4     intergovernmental risk management association or self
5     insurance pool) claims, loss or risk management
6     information, records, data, advice or communications.
7         (cc) Information and records held by the Department of
8     Public Health and its authorized representatives relating
9     to known or suspected cases of sexually transmissible
10     disease or any information the disclosure of which is
11     restricted under the Illinois Sexually Transmissible
12     Disease Control Act.
13         (dd) Information the disclosure of which is exempted
14     under Section 30 of the Radon Industry Licensing Act.
15         (ee) Firm performance evaluations under Section 55 of
16     the Architectural, Engineering, and Land Surveying
17     Qualifications Based Selection Act.
18         (ff) 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     Regional Transportation Authority under Section 2.11 of
22     the Regional Transportation Authority Act or the St. Clair
23     County Transit District under the Bi-State Transit Safety
24     Act.
25         (gg) Information the disclosure of which is restricted
26     and exempted under Section 50 of the Illinois Prepaid

 

 

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1     Tuition Act.
2         (hh) Information the disclosure of which is exempted
3     under the State Officials and Employees Ethics Act.
4         (ii) Beginning July 1, 1999, information that would
5     disclose or might lead to the disclosure of secret or
6     confidential information, codes, algorithms, programs, or
7     private keys intended to be used to create electronic or
8     digital signatures under the Electronic Commerce Security
9     Act.
10         (jj) Information contained in a local emergency energy
11     plan submitted to a municipality in accordance with a local
12     emergency energy plan ordinance that is adopted under
13     Section 11-21.5-5 of the Illinois Municipal Code.
14         (kk) Information and data concerning the distribution
15     of surcharge moneys collected and remitted by wireless
16     carriers under the Wireless Emergency Telephone Safety
17     Act.
18         (ll) Vulnerability assessments, security measures, and
19     response policies or plans that are designed to identify,
20     prevent, or respond to potential attacks upon a community's
21     population or systems, facilities, or installations, the
22     destruction or contamination of which would constitute a
23     clear and present danger to the health or safety of the
24     community, but only to the extent that disclosure could
25     reasonably be expected to jeopardize the effectiveness of
26     the measures or the safety of the personnel who implement

 

 

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1     them or the public. Information exempt under this item may
2     include such things as details pertaining to the
3     mobilization or deployment of personnel or equipment, to
4     the operation of communication systems or protocols, or to
5     tactical operations.
6         (mm) Maps and other records regarding the location or
7     security of generation, transmission, distribution,
8     storage, gathering, treatment, or switching facilities
9     owned by a utility or by the Illinois Power Agency.
10         (nn) Law enforcement officer identification
11     information or driver identification information compiled
12     by a law enforcement agency or the Department of
13     Transportation under Section 11-212 of the Illinois
14     Vehicle Code.
15         (oo) Records and information provided to a residential
16     health care facility resident sexual assault and death
17     review team or the Executive Council under the Abuse
18     Prevention Review Team Act.
19         (pp) Information provided to the predatory lending
20     database created pursuant to Article 3 of the Residential
21     Real Property Disclosure Act, except to the extent
22     authorized under that Article.
23         (qq) Defense budgets and petitions for certification
24     of compensation and expenses for court appointed trial
25     counsel as provided under Sections 10 and 15 of the Capital
26     Crimes Litigation Act. This subsection (qq) shall apply

 

 

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1     until the conclusion of the trial of the case, even if the
2     prosecution chooses not to pursue the death penalty prior
3     to trial or sentencing.
4         (rr) Information contained in or related to proposals,
5     bids, or negotiations related to electric power
6     procurement under Section 1-75 of the Illinois Power Agency
7     Act and Section 16-111.5 of the Public Utilities Act that
8     is determined to be confidential and proprietary by the
9     Illinois Power Agency or by the Illinois Commerce
10     Commission.
11         (ss) Information that is prohibited from being
12     disclosed under Section 4 of the Illinois Health and
13     Hazardous Substances Registry Act.
14     (2) This Section does not authorize withholding of
15 information or limit the availability of records to the public,
16 except as stated in this Section or otherwise provided in this
17 Act.
18 (Source: P.A. 94-280, eff. 1-1-06; 94-508, eff. 1-1-06; 94-664,
19 eff. 1-1-06; 94-931, eff. 6-26-06; 94-953, eff. 6-27-06;
20 94-1055, eff. 1-1-07; 95-331, eff. 8-21-07; 95-481, eff.
21 8-28-07.)
 
22     Section 10. The Illinois Health and Hazardous Substances
23 Registry Act is amended by adding Section 9.1 and by changing
24 Sections 3, 4, 9, and 12 as follows:
 

 

 

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1     (410 ILCS 525/3)  (from Ch. 111 1/2, par. 6703)
2     Sec. 3. For the purposes of this Act, unless the context
3 requires otherwise:
4     (a) "Department" means the Illinois Department of Public
5 Health.
6     (b) "Director" means the Director of the Illinois
7 Department of Public Health.
8     (c) "Council" means the Health and Hazardous Substances
9 Coordinating Council created by this Act.
10     (d) "Registry" means the Illinois Health and Hazardous
11 Substances Registry established by the Department of Public
12 Health under Section 6 of this Act.
13     (e) "Cancer" means all malignant neoplasms, regardless of
14 the tissue of origin, including malignant lymphoma and
15 leukemia.
16     (f) "Cancer incidence" means a medical diagnosis of cancer,
17 consisting of a record of cases of cancer and specified cases
18 of tumorous or precancerous diseases which occur in Illinois,
19 and such other information concerning these cases as the
20 Department deems necessary or appropriate in order to conduct
21 thorough and complete epidemiological surveys of cancer and
22 cancer-related diseases in Illinois.
23     (g) "Occupational disease" includes but is not limited to
24 all occupational diseases covered by the Workers' Occupational
25 Diseases Act.
26     (h) "Hazardous substances" means a hazardous substance as

 

 

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1 defined in the Environmental Protection Act.
2     (i) "Hazardous substances incident" includes but is not
3 limited to a spill, fire, or accident involving hazardous
4 substances, illegal disposal, transportation, or use of
5 hazardous substances, and complaints or permit violations
6 involving hazardous substances.
7     (j) "Company profile" includes but is not limited to the
8 name of any company operating in the State of Illinois which
9 generates, uses, disposes of or transports hazardous
10 substances, identification of the types of permits issued in
11 such company's name relating to transactions involving
12 hazardous substances, inventory of hazardous substances
13 handled by such company, and the manner in which such hazardous
14 substances are used, disposed of, or transported by the
15 company.
16     (k)  "Hazardous nuclear material" means (1) any source or
17 special nuclear material intended for use or used as an energy
18 source in a production or utilization facility as defined in
19 Sec. 11.v. or 11.cc. of the federal Atomic Energy Act of 1954
20 as amended; (2) any fuel which has been discharged from such a
21 facility following irradiation, the constituent elements of
22 which have not been separated by reprocessing; or (3) any
23 by-product material resulting from operation of such a
24 facility.
25     (l) (1) "Adverse pregnancy outcome" includes but is not
26 limited to birth defects, fetal loss, infant mortality, low

 

 

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1 birth weight, selected life-threatening conditions, and other
2 developmental disabilities as defined by the Department.
3     (m) "News medium" means any newspaper or other periodical
4 issued at regular intervals, whether in print or electronic
5 format, and having a general circulation; a news service,
6 whether in print or electronic format; a radio station; a
7 television station; a television network; a community antenna
8 television service; and any person or corporation engaged in
9 the making of news reels or other motion picture news for
10 public showing.
11     (n) "Researcher" means an individual who is affiliated with
12 or supported by universities, academic centers, research
13 institutions, hospitals, and governmental entities who conduct
14 scientific research or investigation on human diseases.
15 (Source: P.A. 85-831.)
 
16     (410 ILCS 525/4)  (from Ch. 111 1/2, par. 6704)
17     Sec. 4. (a) There is created the Health and Hazardous
18 Substances Coordinating Council, to be comprised of the
19 following persons ex officio or their designees: Dean of the
20 School of Public Health of the University of Illinois, Director
21 of Natural Resources, Director of Public Health, Director of
22 Labor, Director of Agriculture, Director of the Environmental
23 Protection Agency and the Director of Nuclear Safety.
24     The University of Illinois School of Public Health shall
25 advise the Department in the design, function and utilization

 

 

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1 of the Registry.
2     (b) To facilitate the collection of cancer incidence
3 information, the Department, in consultation with the Advisory
4 Board of Cancer Control, shall have the authority to require
5 hospitals, laboratories or other facilities to report
6 incidences of cancer and other specified tumorous and
7 precancerous diseases to the Department, and to require the
8 submission of such other information pertaining to or in
9 connection with such reported cases as the Department deems
10 necessary or appropriate for the purposes of this Act. The
11 Department may promulgate rules or regulations specifying the
12 hospitals, laboratories or other facilities which are required
13 to submit information pursuant to this Section, the types of
14 information required to be submitted, methods of submitting
15 such information and any other detail deemed by the Department
16 to be necessary or appropriate for administration of this Act.
17 Nothing in this Act shall be construed to compel any individual
18 to submit to a medical examination or supervision.
19     (c) The Director shall by rule or regulation establish
20 standards or guidelines for ensuring the protection of
21 information made confidential or privileged under law.
22     (d) The identity, or any group of facts that tends to lead
23 to the identity, of any person whose condition or treatment is
24 submitted to the Illinois Health and Hazardous Substances
25 Registry is confidential and shall not be open to public
26 inspection or dissemination and is exempt from disclosure under

 

 

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1 Section 7 of the Freedom of Information Act. The following data
2 elements, alone or in combination, are confidential, shall not
3 be open to public inspection or dissemination, and are exempt
4 from disclosure under Section 7 of the Freedom of Information
5 Act: name, social security number, street address, email
6 address, telephone number, fax number, medical record number,
7 certificate/license number, reporting source (unless permitted
8 by the reporting facility), age (unless aggregated for 5 or
9 more years), ZIP code (unless aggregated for 5 or more years),
10 and diagnosis date (unless aggregated for one or more years for
11 the entire State or for 3 or more years for a single county).
12 Facts that tend to lead to the identity of a person include the
13 following: name, social security number, address, and any other
14 data element that, by itself or in combination with one or more
15 other data elements, tends to identify any person. The identity
16 of any person or persons claimed to be derived from cancer
17 registry data is not admissible in evidence, and no court shall
18 require information to be produced in discovery if it
19 determines that the information tends to lead to the identity
20 of any person. Information for specific research purposes may
21 be released in accordance with procedures established by the
22 Department. Except as provided by rule, and as part of an
23 epidemiologic investigation, an officer or employee of the
24 Department may interview a patient named in a report made under
25 this Act, or relatives of any such patient, only with the
26 express written consent of the patient.

 

 

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1     (e) Hospitals, laboratories, other facilities or
2 physicians shall not be held liable for the release of
3 information or confidential data to the Department in
4 accordance with this Act. The Department shall protect any
5 information made confidential or privileged under law.
6 (Source: P.A. 89-445, eff. 2-7-96; 90-607, eff. 6-30-98.)
 
7     (410 ILCS 525/9)  (from Ch. 111 1/2, par. 6709)
8     Sec. 9. The Department shall utilize the Registry to
9 conduct research on the relationships between hazardous
10 substances, hazardous nuclear materials, and public health
11 issues. In consultation with the Council, the Director shall
12 establish guidelines for determining the specific questions
13 and areas to be researched. The guidelines shall specifically
14 include the question of the potential public health
15 significance of an increase in cancer incidence. Upon the
16 approval of the Council, the information contained in the
17 Registry shall be available to other State agencies wishing to
18 conduct research on these issues. Upon review and approval of
19 an appropriate Institutional Review Board (IRB) or its
20 equivalent on protection of human subjects in research, the
21 Department shall release data to researchers for purposes of
22 medical and scientific research consistent with the
23 fundamental purposes of the Registry.
24 (Source: P.A. 85-1218.)
 

 

 

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1     (410 ILCS 525/9.1 new)
2     Sec. 9.1. Release of data to news media. Upon review and
3 approval of an appropriate Institutional Review Board (IRB) or
4 its equivalent on protection of human subjects in research, the
5 Department shall release data not otherwise available for
6 release under the Freedom of Information Act to news media for
7 purposes of public interest research consistent with the
8 fundamental purposes of the Registry.
 
9     (410 ILCS 525/12)  (from Ch. 111 1/2, par. 6712)
10     Sec. 12. All information contained in the Registry, as well
11 as all reports issued by the Department, including the annual
12 report, shall be made available to the public upon request;
13 provided, however, nothing in this Act permits public
14 disclosure of any information made confidential or privileged
15 pursuant to this Act or any other statute. Identification or
16 contact of individuals from public reports or data released
17 under the Freedom of Information Act is prohibited. The
18 Director may, by rule, establish fees to be charged to persons
19 or organizations other than State agencies for requested
20 summaries or analyses of data which are not otherwise included
21 in an annual report. The fees shall not be more than the cost
22 to the Department of supplying the requested information. The
23 Department shall make available on its web site
24 non-confidential public use databases for easy and direct
25 access and download by the public.

 

 

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1 (Source: P.A. 90-607, eff. 6-30-98.)
 
2     Section 99. Effective date. This Act takes effect July 1,
3 2008.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3     5 ILCS 140/7 from Ch. 116, par. 207
4     410 ILCS 525/3 from Ch. 111 1/2, par. 6703
5     410 ILCS 525/4 from Ch. 111 1/2, par. 6704
6     410 ILCS 525/9 from Ch. 111 1/2, par. 6709
7     410 ILCS 525/9.1 new
8     410 ILCS 525/12 from Ch. 111 1/2, par. 6712