Illinois General Assembly - Full Text of SB2523
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Full Text of SB2523  101st General Assembly




State of Illinois
2019 and 2020


Introduced 1/28/2020, by Sen. Linda Holmes


75 ILCS 70/1  from Ch. 81, par. 1201

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

LRB101 16617 AWJ 66001 b





SB2523LRB101 16617 AWJ 66001 b

1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Library Records Confidentiality Act is
5amended by changing Section 1 as follows:
6    (75 ILCS 70/1)  (from Ch. 81, par. 1201)
7    Sec. 1. (a) The registration and circulation records of a
8library are confidential information. No person shall publish
9or make any information, including, but not limited to, a
10patron's personal identifiable information, contained in such
11records available to the public unless:
12        (1) required to do so under a court order; or
13        (2) the information is requested by a sworn law
14    enforcement officer who represents that it is impractical
15    to secure a court order as a result of an emergency where
16    the law enforcement officer has probable cause to believe
17    that there is an imminent danger of physical harm. The
18    information requested must be limited to identifying a
19    suspect, witness, or victim of a crime. The information
20    requested without a court order may not include the
21    disclosure of registration or circulation records that
22    would indicate materials borrowed, resources reviewed, or
23    services used at the library. If requested to do so by the



SB2523- 2 -LRB101 16617 AWJ 66001 b

1    library, the requesting law enforcement officer must sign a
2    form acknowledging the receipt of the information. A
3    library providing the information may seek subsequent
4    judicial review to assess compliance with this Section.
5    This subsection shall not alter any right to challenge the
6use or dissemination of patron information that is otherwise
7permitted by law.
8    (b) This Section does not prevent a library from publishing
9or making available to the public reasonable statistical
10reports regarding library registration and book circulation
11where those reports are presented so that no individual is
12identified therein.
13    (b-5) Nothing in this Section shall be construed as a
14privacy violation or a breach of confidentiality if a library:
15provides information to a law enforcement officer under item
16(2) of subsection (a); or publishes or makes public personal
17identifiable information with the documented consent of the
19    (c) For the purpose of this Section, (i) "library" means
20any public library or library of an educational, historical or
21eleemosynary institution, organization or society; (ii)
22"registration records" includes any information a library
23requires a person to provide in order for that person to become
24eligible to borrow books and other materials; and (iii)
25"circulation records" includes all information identifying the
26individual borrowing particular books or materials; and (iv)



SB2523- 3 -LRB101 16617 AWJ 66001 b

1"personal identifiable information" means one or more of the
2following: a patron's complete last and first name, address,
3internet protocol address, social security number, complete
4telephone number, or email address that directly identifies an
6(Source: P.A. 95-40, eff. 1-1-08.)