State of Illinois
92nd General Assembly

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 1        AN ACT concerning freedom of information.

 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
12        regulations adopted under federal or State law.
13             (b)  Information   that,   if    disclosed,    would
14        constitute  a  clearly  unwarranted  invasion of personal
15        privacy, unless the disclosure is consented to in writing
16        by the  individual  subjects  of  the  information.   The
17        disclosure of information that bears on the public duties
18        of public employees and officials shall not be considered
19        an  invasion  of  personal privacy.  Information exempted
20        under this  subsection  (b)  shall  include  but  is  not
21        limited to:
22                  (i)  files  and personal information maintained
23             with  respect  to  clients,   patients,   residents,
24             students  or  other  individuals  receiving  social,
25             medical,    educational,    vocational,   financial,
26             supervisory or custodial care or  services  directly
27             or   indirectly  from  federal  agencies  or  public
28             bodies;
29                  (ii)  personnel files and personal  information
30             maintained  with respect to employees, appointees or
31             elected officials of any public body  or  applicants
                            -2-                LRB9215573JMmb
 1             for those positions;
 2                  (iii)  files     and    personal    information
 3             maintained with respect to any applicant, registrant
 4             or licensee by any public body cooperating  with  or
 5             engaged     in    professional    or    occupational
 6             registration, licensure or discipline;
 7                  (iv)  information required of any  taxpayer  in
 8             connection  with the assessment or collection of any
 9             tax unless disclosure is otherwise required by State
10             statute; and
11                  (v)  information  revealing  the  identity   of
12             persons   who   file   complaints  with  or  provide
13             information to  administrative,  investigative,  law
14             enforcement  or  penal  agencies; provided, however,
15             that  identification   of   witnesses   to   traffic
16             accidents,  traffic  accident  reports,  and  rescue
17             reports   may  be  provided  by  agencies  of  local
18             government, except in a case for  which  a  criminal
19             investigation  is  ongoing,  without  constituting a
20             clearly unwarranted  per  se  invasion  of  personal
21             privacy under this subsection.
22             (c)  Records   compiled   by  any  public  body  for
23        administrative  enforcement  proceedings  and   any   law
24        enforcement  or  correctional  agency for law enforcement
25        purposes or for internal matters of a  public  body,  but
26        only to the extent that disclosure would:
27                  (i)  interfere  with  pending  or  actually and
28             reasonably contemplated law enforcement  proceedings
29             conducted  by  any  law  enforcement or correctional
30             agency;
31                  (ii)  interfere  with  pending   administrative
32             enforcement  proceedings  conducted  by  any  public
33             body;
34                  (iii)  deprive  a  person of a fair trial or an
                            -3-                LRB9215573JMmb
 1             impartial hearing;
 2                  (iv)  unavoidably disclose the  identity  of  a
 3             confidential   source  or  confidential  information
 4             furnished only by the confidential source;
 5                  (v)  disclose     unique     or     specialized
 6             investigative techniques other than those  generally
 7             used  and  known  or  disclose internal documents of
 8             correctional   agencies   related   to    detection,
 9             observation  or  investigation of incidents of crime
10             or misconduct;
11                  (vi)  constitute  an   invasion   of   personal
12             privacy under subsection (b) of this Section;
13                  (vii)  endanger  the life or physical safety of
14             law enforcement personnel or any other person; or
15                  (viii)  obstruct    an     ongoing     criminal
16             investigation.
17             (d)  Criminal  history record information maintained
18        by State or local criminal justice agencies,  except  the
19        following  which  shall be open for public inspection and
20        copying:
21                  (i)  chronologically     maintained      arrest
22             information,  such  as  traditional  arrest  logs or
23             blotters;
24                  (ii)  the name of a person in the custody of  a
25             law  enforcement  agency  and  the charges for which
26             that person is being held;
27                  (iii)  court records that are public;
28                  (iv)  records  that  are  otherwise   available
29             under State or local law; or
30                  (v)  records  in  which the requesting party is
31             the individual identified, except as provided  under
32             part  (vii)  of  paragraph  (c) of subsection (1) of
33             this Section.
34             "Criminal history  record  information"  means  data
                            -4-                LRB9215573JMmb
 1        identifiable   to   an   individual   and  consisting  of
 2        descriptions  or  notations   of   arrests,   detentions,
 3        indictments, informations, pre-trial proceedings, trials,
 4        or  other formal events in the criminal justice system or
 5        descriptions or notations of criminal charges  (including
 6        criminal  violations  of  local municipal ordinances) and
 7        the  nature  of  any   disposition   arising   therefrom,
 8        including  sentencing, court or correctional supervision,
 9        rehabilitation and release.  The term does not  apply  to
10        statistical  records and reports in which individuals are
11        not identified and from which their  identities  are  not
12        ascertainable,  or  to  information  that is for criminal
13        investigative or intelligence purposes.
14             (e)  Records that relate to or affect  the  security
15        of correctional institutions and detention facilities.
16             (f)  Preliminary   drafts,  notes,  recommendations,
17        memoranda  and  other  records  in  which  opinions   are
18        expressed,  or policies or actions are formulated, except
19        that a specific record or relevant portion  of  a  record
20        shall not be exempt when the record is publicly cited and
21        identified  by the head of the public body. The exemption
22        provided in this  paragraph  (f)  extends  to  all  those
23        records  of officers and agencies of the General Assembly
24        that pertain to the preparation of legislative documents.
25             (g)  Trade  secrets  and  commercial  or   financial
26        information  obtained from a person or business where the
27        trade secrets or information are proprietary,  privileged
28        or confidential, or where disclosure of the trade secrets
29        or  information may cause competitive harm, including all
30        information determined to be confidential  under  Section
31        4002  of  the Technology Advancement and Development Act.
32        Nothing  contained  in  this  paragraph  (g)   shall   be
33        construed to prevent a person or business from consenting
34        to disclosure.
                            -5-                LRB9215573JMmb
 1             (h)  Proposals  and bids for any contract, grant, or
 2        agreement,  including  information  which  if   it   were
 3        disclosed   would   frustrate   procurement  or  give  an
 4        advantage  to  any  person  proposing  to  enter  into  a
 5        contractor agreement with the body,  until  an  award  or
 6        final  selection is made.  Information prepared by or for
 7        the body in preparation of a bid  solicitation  shall  be
 8        exempt until an award or final selection is made.
 9             (i)  Valuable  formulae, computer geographic graphic
10        systems, designs, drawings and research data obtained  or
11        produced   by  any  public  body  when  disclosure  could
12        reasonably be expected to produce private gain or  public
13        loss.
14             (j)  Test   questions,   scoring   keys   and  other
15        examination  data  used   to   administer   an   academic
16        examination   or  determined  the  qualifications  of  an
17        applicant for a license or employment.
18             (k)  Architects'  plans  and  engineers'   technical
19        submissions  for projects not constructed or developed in
20        whole or in part  with  public  funds  and  for  projects
21        constructed or developed with public funds, to the extent
22        that disclosure would compromise security.
23             (l)  Library    circulation    and   order   records
24        identifying library users with specific materials.
25             (m)  Minutes of meetings of public bodies closed  to
26        the public as provided in the Open Meetings Act until the
27        public  body  makes  the  minutes available to the public
28        under Section 2.06 of the Open Meetings Act.
29             (n)  Communications between a  public  body  and  an
30        attorney  or  auditor  representing  the public body that
31        would not be subject  to  discovery  in  litigation,  and
32        materials prepared or compiled by or for a public body in
33        anticipation  of  a  criminal,  civil  or  administrative
34        proceeding  upon  the request of an attorney advising the
                            -6-                LRB9215573JMmb
 1        public body, and  materials  prepared  or  compiled  with
 2        respect to internal audits of public bodies.
 3             (o)  Information  received by a primary or secondary
 4        school, college or university under  its  procedures  for
 5        the  evaluation  of  faculty  members  by  their academic
 6        peers.
 7             (p)  Administrative   or    technical    information
 8        associated  with  automated  data  processing operations,
 9        including  but  not  limited   to   software,   operating
10        protocols,  computer  program  abstracts,  file  layouts,
11        source  listings,  object  modules,  load  modules,  user
12        guides,  documentation  pertaining  to  all  logical  and
13        physical   design   of   computerized  systems,  employee
14        manuals, and any other information  that,  if  disclosed,
15        would  jeopardize  the security of the system or its data
16        or the security of materials exempt under this Section.
17             (q)  Documents or materials relating  to  collective
18        negotiating  matters  between  public  bodies  and  their
19        employees  or  representatives,  except  that  any  final
20        contract  or agreement shall be subject to inspection and
21        copying.
22             (r)  Drafts, notes,  recommendations  and  memoranda
23        pertaining to the financing and marketing transactions of
24        the  public body. The records of ownership, registration,
25        transfer, and exchange of municipal debt obligations, and
26        of  persons  to  whom  payment  with  respect  to   these
27        obligations is made.
28             (s)  The records, documents and information relating
29        to   real   estate   purchase  negotiations  until  those
30        negotiations have been completed or otherwise terminated.
31        With regard to a parcel involved in a pending or actually
32        and reasonably  contemplated  eminent  domain  proceeding
33        under  Article  VII  of  the  Code  of  Civil  Procedure,
34        records,  documents  and  information  relating  to  that
                            -7-                LRB9215573JMmb
 1        parcel  shall  be  exempt  except as may be allowed under
 2        discovery rules adopted by the  Illinois  Supreme  Court.
 3        The records, documents and information relating to a real
 4        estate sale shall be exempt until a sale is consummated.
 5             (t)  Any and all proprietary information and records
 6        related  to  the  operation  of an intergovernmental risk
 7        management association or self-insurance pool or  jointly
 8        self-administered  health  and  accident  cooperative  or
 9        pool.
10             (u)  Information     concerning    a    university's
11        adjudication  of  student  or   employee   grievance   or
12        disciplinary  cases,  to the extent that disclosure would
13        reveal the  identity  of  the  student  or  employee  and
14        information  concerning any public body's adjudication of
15        student or employee  grievances  or  disciplinary  cases,
16        except for the final outcome of the cases.
17             (v)  Course  materials or research materials used by
18        faculty members.
19             (w)  Information  related  solely  to  the  internal
20        personnel rules and practices of a public body.
21             (x)  Information  contained   in   or   related   to
22        examination, operating, or condition reports prepared by,
23        on behalf of, or for the use of a public body responsible
24        for   the   regulation   or   supervision   of  financial
25        institutions or insurance companies, unless disclosure is
26        otherwise required by State law.
27             (y)  Information  the   disclosure   of   which   is
28        restricted  under  Section  5-108 of the Public Utilities
29        Act.
30             (z)  Manuals or instruction to staff that relate  to
31        establishment  or  collection  of liability for any State
32        tax or that relate to investigations by a public body  to
33        determine violation of any criminal law.
34             (aa)  Applications,  related  documents, and medical
                            -8-                LRB9215573JMmb
 1        records    received    by    the    Experimental    Organ
 2        Transplantation  Procedures  Board  and   any   and   all
 3        documents  or  other records prepared by the Experimental
 4        Organ  Transplantation  Procedures  Board  or  its  staff
 5        relating to applications it has received.
 6             (bb)  Insurance or  self  insurance  (including  any
 7        intergovernmental  risk  management  association  or self
 8        insurance  pool)  claims,   loss   or   risk   management
 9        information, records, data, advice or communications.
10             (cc)  Information and records held by the Department
11        of  Public  Health  and  its  authorized  representatives
12        relating   to   known  or  suspected  cases  of  sexually
13        transmissible disease or any information  the  disclosure
14        of  which  is  restricted  under  the  Illinois  Sexually
15        Transmissible Disease Control Act.
16             (dd)  Information   the   disclosure   of  which  is
17        exempted under Section 30 of the Radon Industry Licensing
18        Act.
19             (ee)  Firm performance evaluations under Section  55
20        of  the  Architectural,  Engineering,  and Land Surveying
21        Qualifications Based Selection Act.
22             (ff)  Security portions  of  system  safety  program
23        plans,  investigation reports, surveys, schedules, lists,
24        data, or information compiled, collected, or prepared  by
25        or   for  the  Regional  Transportation  Authority  under
26        Section 2.11 of the Regional Transportation Authority Act
27        or the  St.  Clair  County  Transit  District  under  the
28        Bi-State Transit Safety Act.
29             (gg)  Information   the   disclosure   of  which  is
30        restricted and exempted under Section 50 of the  Illinois
31        Prepaid Tuition Act.
32             (hh)  Information   the   disclosure   of  which  is
33        exempted under Section 80 of the State Gift Ban Act.
34             (ii)  Beginning July 1, 1999, information that would
                            -9-                LRB9215573JMmb
 1        disclose or might lead to the  disclosure  of  secret  or
 2        confidential information, codes, algorithms, programs, or
 3        private  keys intended to be used to create electronic or
 4        digital signatures under the Electronic Commerce Security
 5        Act.
 6             (jj)  Information contained  in  a  local  emergency
 7        energy  plan  submitted  to  a municipality in accordance
 8        with a local emergency  energy  plan  ordinance  that  is
 9        adopted under Section 11-21.5-5 of the Illinois Municipal
10        Code.
11             (kk)  Information    and    data    concerning   the
12        distribution of surcharge moneys collected  and  remitted
13        by   wireless   carriers  under  the  Wireless  Emergency
14        Telephone Safety Act.
15        (2)  This  Section  does  not  authorize  withholding  of
16    information or limit  the  availability  of  records  to  the
17    public,  except  as  stated  in  this  Section  or  otherwise
18    provided in this Act.
19    (Source:  P.A.  91-137,  eff.  7-16-99; 91-357, eff. 7-29-99;
20    91-660, eff. 12-22-99;  92-16,  eff.  6-28-01;  92-241,  eff.
21    8-3-01; 92-281, eff. 8-7-01; revised 10-2-01.)

22        Section  99.  Effective date.  This Act takes effect upon
23    becoming law.

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