2023-07-17 - Resolution 2023-19 - AMENDING THE VILLAGE OF BUFFALO GROVE ILLINOIS FREEDOM OF INFORMATION ACT DIRECTORY RESOLUTION NO. 2023-19
A RESOLUTION AMENDING THE VILLAGE OF BUFFALO GROVE
ILLINOIS FREEDOM OF INFORMATION ACT DIRECTORY
WHEREAS, the Illinois Freedom of Information Act (5 ILCS 140/ 1 et seq.) requires that each
public body must make available an informational directory regarding methods whereby the public may
request public records, designating who have been named Freedom of Information OfFicers, and other
information as suggested in Section 5 ILCS 140/4 of the Act; and
WHEREAS, Village of Buffalo Grove Resolution No. 2009-49 adopted the Village of Buffalo Grove
Freedom of Information Act Directory; and
WHERAS, Village of Buffalo Grove Resolution No. 2011-21 amended the Village of Buffalo Grove
Freedom of Informafion Act Directory; and
WHEREAS, the Village of Buffalo Grove wishes to update and simplify the Directory.
NOW,THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
BUFFALO GROVE, COOK AND LAKE COUNTIES, IILINOIS as follows:
Section 1. The Village of Buffalo Grove Freedom of Information Act Directory is hereby approved as
amended and attached hereto as Exhibit A.
Section 2.The Village Clerk shall be responsible to assure that the Directory is updated as appropriate so
as to remain in conformation with the Illinois Freedom of Information Act.The Corporate Authorities
hereby authorize the Village Clerk to make updates as necessary within the Directory without formal
action of the Corporate Authorities.
Section 3. This Resolution shall be in full force and effect from and after its passage and approval.
AYES: 6—Johnson,Cesario, Ottenheimer,Stein, Pike,Weidenfeld
NAYES: 0- None
ABSENT: 0 - None
PASSED: July 17, 2023
APPROVED: July 17, 2023
ATTEST: " ' ' � _ APPR ED\,
" -a=� ` - ,. -4 . �— \�
�__,/,���. �-��-t�=,l�
Janet 1 :S�r-��i���,Villa�e Cle�ic Eric N. Smith,village President
i
�
�
�
A G
............ olllllloio
V �� 1��............. ll0 000i
U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U SIMMONS
U U U U U U U U U
V
IIIIUi
� IIIIIIUU
IUUU Illlpl�
uffal
I NOR I
�V
IIII III IILAGL1111111 CI R II IIII IIII""IIII IIL III
50
IIII IIII"' IIII"' Ilf III Ilf .
III IIII IIII° IIL IROVI11111111, IIII Ilf
IIII° Illh°°°IIII IIII Ilflllllll: 847.459.2500
Ilflllllllllf, : WWW.VI1 IRG
1
Rev. 07/2023
�00110110MMEMERNMENMUM
Contents
Statementof Purpose ...........................................................................................................................................................3
StatisticalInformation...........................................................................................................................................................3
OrganizationalChart .............................................................................................................................................................4
ElectedOfficials.....................................................................................................................................................................5
SeniorStaff.............................................................................................................................................................................5
Committees, Commissions and Boards ...............................................................................................................................6
AppointedOfficers ................................................................................................................................................................6
VillageOffices ........................................................................................................................................................................7
Freedom of Information Officers .........................................................................................................................................8
Categoriesof Records ...........................................................................................................................................................8
Procedure for Request of Public Records..........................................................................................................................10
Exhibit
Exhibit A: 2023-2024 Committees, Commissions, and Board Appointments
Exhibit B: Illinois Freedom of Information Act
2
Rev. 07/2023
ouuui
The Village of Buffalo Grove was incorporated as an Illinois municipal corporation on March 7, 1958
and achieved home rule status on March 1, 1980, pursuant to referendum. The purpose of the Village
is to provide for the health, safety, and welfare of its residents through the various departments of the
Village that provide police and fire protection; sewer and water service; building, zoning, health and
engineering inspection; general administration; municipal golf courses; and other traditional public
services.
�qu w I�u
Budget
The Village's Budget for Fiscal Year 2023 was adopted on December 5, 2022, per Ordinance No.
2022-138. The anticipated revenue for Fiscal Year 2023, for all funds is estimated to equal $1 10,476,457
with approved expenses or expenditures equal to $126,164,748.
Employee Staffing
The Village currently has approximately 214 full-time employees and 38 part-time employees.
Form of Government
The Village of Buffalo Grove is a home rule municipality operating under the Trustee-Village form of
government. There are six elected trustees, one elected President, and one elected Clerk. The
President, with the advice and consent of the board of trustees appoints all non-elected offices.
3
Rev. 07/2023
(IIIIIII I III III III IIIII illlll1°°°� �����IIIIII IIIIL IIIII III III III IIII IIII�III�III (IIIIIII I (III II
w Ihu
IIII Illll
IIIV-m Illlll�l�llw _
�ulll� I IIII u�'i�iiuiuuiuiiiiui IIIV®II _ IIII I IIIIII I�I� IIIIIII
-
Il�lil��lii iii mmi iuu uu ui IIIII""�"R1°i'w!'�— "— °� uu ui i ui iiui�uu��i�i�uu i�i a IIIIIII I�I IIIII�IIIII III IIIIII IIIIIIIIIIIIIII IIII IIIII I�alai ii uui a ui a IIIIIIIII II III I�III��IIIIIIIIIIIIIIII�II IIII IIIII
o��o�iiaio o.i��ioao i o i o„oai�ao�oi o 0 0 ,i��ioo,,
o
j
O
4
Rev. 07/2023
II uuuu II III II
�uumI.l luu IIIII II IIIII olio olio Ms
� rmr ulllll
LIZ. �hull� � i I IIII lul 91 % u
m
uuuuuuuuuuvllpuuuuuuuu
�� V �•�I I-"I iuuuuuuuuuuuuuuuuuum uuuuuuuiiiiiiiiiuum uuuuuuuuuuuuuuu uuuuuuuiiiiiiiiiuuuuuuuuuuuuuuiiiiiiiiiu
Il ��uuu
u I I I IIIII II IIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
� u
� � �, � r r ,��� II I I@""I rllG�l�l I I IIIIIIII ulluuuuuuuuuuuuuuuuuuuuuuulllllllllllllllllluuuuuuuuuuuuuuuuuluuuuuullllllllllllllllllllllll IIIIIIIIIIII
IIIIIIIIII�I�IIIIIIIIIIII i
i
II
I
I II luu
uu u � u ulii�lu uuu
'; III IIII
IIII ,
��.rrIIIIII
III-I � � � � I-I (IIII II a uuYlYl IYIYIYIYI
VuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuV (IIIII � 0 (IIIII IIII IIIII � � IIII(IIIIIIII �VUV � �lil°ail I I
uuuuuuuuuiuoummuuuuuuuuuuu IIII IIIII I IIII
i rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
1 III I �� III I Ipl'�� � �__IIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
r`
( of ool of ool
gllue
Dane Bragg Christopher Stilling
Village Manager ' Deputy Village Manager
Tel:847 459-2500 Tel:847 459-5530
Email: DBragg@vbg.org ail: CStilling@vbg.org
Mike Skibbe Mike Baker
Fire Chief
fs ^� Deputy Village Mgr:;Dir.of Public Works
,.; 847-459-2545 Tel: Tel:847 777-6100
'
Email:MSkibbe@vbg.org Email:WBaker@vbg.org
.l Chris Black Brian Budds
ry Director of Finance Police Chief
Tel:847 459-2500 Tel: 847 459-2574
Email:CBlack@vbg.org Email:BjBudds@vbg.org
Molly Gillespie
Director of Communications+Community Arthur alinowski
Engagement Director of Human Resources
Tel:847-459-2525 Tel 847-459-2549
Email:AMalmowski@vb or� Email:MBCillespie@vbg�.org g• g
Nicole Woods / ��i , Brett Robinson
Directorof Community Development Directorof Administrative Services
a /� I a
Tel:847 459-250C1 � Tel:847-459-25(70
Email:NWoods@vbg.org Email:BRobinson@vbg.org
5
Rev. 07/2023
ul uu uu ul ul uu uu ul ul�u uu uuuu IIIII�I ul uu uu ul ul uu uu ul ul�u uuuu uuuu ul�u ul ul ul uuuu IIIII�I
of ul ul B uulllllluill uuuu
w Ihu
Members of Village Committees, Commissions, and Boards are appointed by the
Village's Corporate Authorities. The list of Commissions is in Title 2, Administration and
Personnel, within the Village Municipal Code, which can be found on the Village
website at vbd ord/code. Each Commission is established by parameters for its
operation including, but not limited to duties of the Commission, members, meeting
schedule and purpose.
The following is the list of approved Committees, Commissions, and Boards asset forth
in the Village Municipal Code.
• Chapter 2.12 Firefighters Pension Fund
• Chapter 2.14 Police Pension Fund
• Chapter 2.22 Board of Police and Fire Commissioners
• Chapter 2.24 Health Commission
• Chapter 2.26 Board of Local Improvements*
• Chapter 2.28 Planning and Zoning Commission
• Chapter 2.35 Farmers Market Committee
• Chapter 2.36 Rick Kahen Commission for Residents with Disabilities
• Chapter 2.37 Community Events Committee**
• Chapter 2.48 Ethics Commission
* The Board of Local Improvements consists of the Village Engineer and members of
the Village Board.
** The Community Events Committee consists solely of volunteers.
The most recent appointments to the above Committees, Commissions, and Boards
can be found in Exhibit A.
11
• Village Manager: Dane Bragg
• Village Attorney: Patrick Brankin
• Village Treasurer: Chris Black
• Deputy Village Clerk: Jessie Brown
6
Rev. 07/2023
V'111,1,age Offices
of uui i s
• 50 Raupp Boulevard
o Office of the Village Manager
o Office of the Village Clerk
o Administrative Services (Includes Purchasing and Information Technology)
o Communications & Community Engagement
o Community Development (Includes Building & Zoning, Environmental Health, and Planning
& Economic Development)
o Finance & General Services
o Human Resources & Legal
�NNNNNNNNNN Ul"
• 51 Raupp Boulevard
o Engineering Services
o Public Works
• Fire Stations:
0 505 West Dundee Rd
0 109 Deerfield Rd
0 100 Half Day Rd
• Fire Service Administration Office
o 1051 Highland Grove Dr
• 46 Raupp Boulevard
�NNNNNNNNNNZ@111 M111181111231MONNEM
• Buffalo Grove Golf Club
o 48 Raupp Boulevard
• Arboretum Golf Course
o 401 Half Day Road
7
Rev. 07/2023
m1uu uil a uui �i ui ui ui ui uui �u
ui uui ui uui ui�u uuuil l uuuu��
The following positions are the designated Freedom of Information Officers as defined in
the Freedom of Information Act (Section 5 ILCS 140/3.5): Deputy Village Clerk, Village
Manager, Deputy Village Managers, all Department Directors, and all Deputy
Department Directors.
While the Act requires the designation of a Freedom of Information Officer or Officers,
the Village can also provide for designees within each of its operating departments to
assist in complying with the Act.
Calt VIVpN IIII IIIII 11 lite
IIIII III IIIIIIIN
vie
The following is to be considered a representative example of the types of records
maintained by the Village and is not intended to be all-inclusive or limited to what is
noted.
The Village of Buffalo Grove affirms to follow the compliance requirements as defined in
the Act. However, the Act (Section 5 ILCS 140/3.3) is not intended to require that the
Village interpret or advise requestors as to the meaning or significance of any public
record.
w
• Accident reports
• Arrest reports
• Citations
• Incident reports
• Offense reports
• Service calls
• Fire Prevention
• Fire and Rescue Responses
• Inspections
• Paramedic and Emergency Medical Service Response
8
Rev. 07/2023
• Accounts payable and invoices • Motor fuel tax records
• Annexation records • Ordinances & Resolutions
• Audits • Permits
• Bids, specifications, & proposals • Petitions
• Board and Commission • Proclamations
appointments • Property maintenance
• Bonds complaints
• Budget • Property records of Village
• Cash receipts and journals owned properties
• Collective bargaining files • Public Meeting Agendas &
• Comprehensive plan Minutes
• Contracts, leases, and • Purchase orders and invoices
agreements • Recorded documents
• Election records & oaths of office • Revenue receipts
• Engineering Drawings • Salary schedule and payroll
• Facilities management • Street repair and reports
• Forestry and land maintenance • Subdivision & developer files
• General ledgers • Tax levies
• Golf course records • TIF records
• Health department complaints • Traffic Studies
• Health department inspections • Utilities records
• Insurance records • Vehicle & equipment records
• Job descriptions • Water and sewer records
• License files • Water billing records
• Maps, plans, and blueprints • Water system operating records
9
Rev. 07/2023
uu uu uuuill uuuill ui uui uuuill
U13111c "I
FREEDOM OF INFORMATION ACT
The Illinois Freedom of Information Act (5 ILCS 140 et. Seq.) is the principal Illinois law
governing access to public records. A copy of the Act is found in Exhibit B. The Act is
based on the principle that people should be able to access public records and
information about the workings of government. Unless information contained within a
public record is subject to an express statutory exemption, it must be disclosed.
Compliance with FOIA requests does not compel the Village to interpret or advise
requesters as to the meaning or significance of the public records provided.
Many records are readily accessible to the public and can be found on the Village
website, www.vbg.org..org. These records include the municipal code, ordinances,
resolutions, agendas, minutes, tax levies, budgets, audited finance statements, and
employee compensation.
METHOD OF REQLJEST
The preferred method of submitting a request for public records is by utilizing the online
FOIA request portal, which can be found on the Village website at rvrvrvmvbg eor " . e e.
For written requests, the Village may provide the requestor with a standard form,
although requests can be made in any other written manner as well. The Village may
also honor a verbal request to either inspect or copy a public record but is not required
to do so.
Written requests for all records other than Police records should be submitted to the
Village Clerk's Office at 50 Raupp Blvd. by personal delivery, mail, or email at
clerk vbg.org Written requests for Police records should be submitted to the Police
Department at 46 Raupp Blvd. by personal delivery, mail, or email.
Requests made at Village locations other than the Office of Village Clerk shall be the
responsibility of the Freedom of Information Officers, or their designees, at such locations
and shall be forwarded to the Office of the Village Clerk for retention.
Requests for public records will be processed during the following normal Village working
hours: Monday-Friday, 8:00 A.M. to 4:30 P.M.
The requestor shall provide the following information in a request for public records:
1. The requestor's full name, address, email address and phone number.
2. A description of the public records sought, being as specific as possible.
10
Rev. 07/2023
3. Whether the request is for inspection of public records, copies of public records,
or both. In addition, the requestor shall note if the public records that are being
requested are for a commercial purpose or whether there is a request to waive
any fees that may be due.
TIME11NE FOR VIIIAGE RESPONSE
a) The Village shall respond to a request for public records within 5 business days after
the receipt of such request; please note that Day 1 of the 5-day timeline is the first
business day after the request is received by the Village. Response would include
either a compliance with the request, a written request for an extension, or a
written denial.
b) The Village will respond to a request for records that will be used for a commercial
purpose within twenty-one (21) business days after receipt. Unless the records are
exempt from disclosure, the Village shall comply with the request within a
reasonable period considering the size and complexity of the request. In addition,
the Act allows for priority to be given to record requests of a non-commercial
nature. It shall be a violation of the Act for a person to knowingly request or obtain
a public record or records for a commercial purpose without disclosing that such
request has been for a commercial purpose, if requested to do so by the Village.
c) The Village may give notice of an extension of time to respond which does not
exceed an additional 5 business days from the original due date, or a total of 10
business days after receipt of the request. Such an extension is allowable only if
notice is provided within the original 5 business days' time limit and only for the
reasons provided in Section 5 ILCS 140/3(e) of the Act. Any notice of extension
shall clearly state the reasons why the extension is necessary.
d) A requestor and the Village may agree in writing to extend the time for
compliance for a period to be determined by both parties.
e) The response requirements for compliance or denial of a request for public records
as set out in Section 5 ILCS 140/3 of the Act shall not apply to requests for records
made for commercial purposes. Such requests shall be subject to the provisions of
Section 5 ILCS 140/3.1 of the Act.
TYPES OF VILIAGE RESPONSES
a) The Village shall respond to a request for public records in one of following ways:
1. Approve the request.
2. Approve in part and deny in part.
3. Deny the request.
4. Give notice of an extension.
5. Provide an opportunity for clarification or schedule a conference.
b) Upon approval of a request for public records, the Village may either provide the
materials immediately, give notice that the materials shall be made available
upon payment of appropriate fees, or give notice of the time and place for
inspection of records.
c) Categorical requests that create an undue burden upon the Village shall be
denied only after extending to the requestor an opportunity to confer in an
11
Rev. 07/2023
attempt to reduce the request to manageable proportions in accordance with
Section 5 ILCS 140/3 (g) of the Act.
d) A denial of a request for public records shall be made in writing to the requestor.
It shall state the reasons for the denial in accordance with Section 5 ILCS 140/3 (g),
Section 5 ILCS 140/7, or Section 5 ILCS 140/7.5 of the Act; the names and titles of
individuals responsible for the decision; and shall include a detailed factual basis
as to why the exemption was claimed.
e) The Village can remove or "black out" information from documents released if the
information is exempt from disclosure under the Act. This process is called
"redaction" and if used, the Village will release the remaining information, if it too
is not exempt from disclosure. A redaction is considered a partial denial and
therefore, the requestor will be notified of such partial denial.
f) Copies of all requests and denials will be retained by the Freedom of Information
Officers.
a) As part of a denial of a request for public records, the Village will inform such
requestor of their right to have the decision reviewed by the Public Access
Counselor and will be provided with the address and phone number for the Public
Access Counselor (Section 5 ILCS 140/9.5 of the Act).
b) In addition, each notice of denial shall inform the requestor of their right to a
judicial review as set forth in Section 5 ILCS 140/1 1 of the Act.
CHARGES FOR P JB .,JC RECORDS
a) Copies of public records shall be provided to the requestor only upon payment of
any charges which are due and are subject to the authority as further set forth in
Section 5 ILCS 140/6 of the Act.
b) Except where a fee is otherwise fixed by State statute, charges for copies of public
records shall be assessed as follows:
No fees shall be charged for the first fifty (50) pages of black and white, letter or
legal sized copies, requested by the requestor. Copies in excess of fifty (50) pages
in a black and white format, on letter or legal sized paper, shall be $.15/page. If
color copies are requested, and can be provided, or if copies are provided in a
size other than letter or legal, the actual cost for reproducing the records will be
due.
Certification fees are $1.00 per record.
c) Charges may be waived, or provided at a reduced rate, in any case where the
Village determines that the waiver serves the public interest. "Public interest" is set
forth in Section 5 ILCS 140/6 (c) of the Act.
c) If a public record is provided to the requestor in an electronic format, the Village
may charge the requestor for the actual cost of purchasing any recording
medium, including but not limited to, disc, diskette, tape or other medium.
P JB .,JC ACCESS CO J SE .,OR
The Illinois Attorney General's Office provides for the position of Public Access Counselor
(PAC) whose responsibility it is to ensure that public bodies comply with FOIA.
12
Rev. 07/2023
If a requestor believes that the Village has wrongly denied their FOIA request, a Request
for Review can be submitted to the PAC. This is a formal way of asking the PAC to review
the original request, as well as the Village's response, and determine if a violation of the
Act has occurred. The Request for Review must be in writing, signed by the requestor,
and must include a summary of the facts supporting the allegation. In addition, the
Request for Review must include a copy of the original FOIA request and any responses
from the Village (Section 5 ILCS 140/9.5(a)). The Request for Review must be submitted to
the PAC within 60 calendar days after the denial of the FOIA request by the Village and
can be submitted either by email or U.S. Mail.
Public Access Counselor
Office of the Attorney General
500 South 2nd Street
Springfield, Illinois 62701
877-299-3642
public.access@flag.go
https://foiapac.ilag.gov/
13
Rev. 07/2023
Exhibit A
2023-2024 Committees, Commissions, and Board Appointments
14
Rev. 07/2023
������ �� ������ '� Committees,
Commissions,
~
� � � � � � ��� � ���� �� | ��� � ���� �� | �� |�� � � ��
���� ����~~���� �� " ����| ; U | ; U | ������~» ����| ; U | ; U |~»~»|��| U~» and
� �
Board
Appointments
������ �� �
������ | ��
Board Of Fire and Police * BethN«de|man Firefighters P8D3iOD
COr0r0i33iOD8r3 * David Bergman Board
* Edward McKee * Mindy Lazor * ArthurMa|inovvski
* Steve McLellan(Chair) * Larry Stanley
* K�aanasha
* Stuart Berman z
-'--' --��—�
* Kevin Dryman Sankaresvvari— Ethics Commission
* Scott Fishman ` '
Ramesh * Jeff Berman (Chair)
* Marc Blumenthal * Narayanasamy * Debra Rybarczyk
Ramesh * Lenna Scott
Planning and Zoning Commission * Pra0neshPate|
�iC� ���8Commission
COr0r0i33iODz * Les|ieAbe||a
fOr �83i�8Dt3VVit�
* Mitchel Weinstein * David Yang
(Chair) Disabilities * Thomas Hughes
Members* Amy Au Members
* ZiU Khan * Judy Samuels (Chair)
* Adam Moodhe * Martin Sussman
* Kevin Richards (Vice Chair)
* Nei| VVor|ikar * Donna Garfield z
* Marc Spunt * DeanK|assman
* Jason Davis * Beth Shapiro
z * Jack Shapiro
Health COr0r0i33iOD
* Mark Weiner
* Deb Moritz (Chair)
(Chair) * Debbie Verson
* Mike Garfield
* Lexi Robinson
* Kar|eenPitchford
* Doug Pitchford * LeoNjon0meta
* Dr. Becky Bergman * Matthew Dragon
* NishaPata|ay * AUieZa|ay
* Avi Samuels
Farmers Market * GovvriMa0ati
Committee
Volunteers
* Paulette Greenberg
(Chair) * David Morton
* Larry King
Police Pension Board
* Ed Muldoon
* Jeffrey Feld
* Sarah Lee
* Kenneth Fox
* ]ackieBee0un
* ]anePrimack
z Has one or more vacancies
Exhibit B
Illinois Freedom of Information Act
15
Rev. 07/2023
Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be
included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information
concerning the relationship between statutes and Public Acts, refer to the Guide.
Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes
included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a
Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed
from the database and you should refer to that Public Act to see the changes made to the current law.
GENERAL PROVISIONS
(5 ILCS 140/) Freedom of Information Act.
(5 ILCS 140/1) (from Ch. 116, par. 201)
Sec. 1. Pursuant to the fundamental philosophy of the
American constitutional form of government, it is declared to be
the public policy of the State of Illinois that all persons are
entitled to full and complete information regarding the affairs
of government and the official acts and policies of those who
represent them as public officials and public employees
consistent with the terms of this Act. Such access is necessary
to enable the people to fulfill their duties of discussing
public issues fully and freely, making informed political
judgments and monitoring government to ensure that it is being
conducted in the public interest.
The General Assembly hereby declares that it is the public
policy of the State of Illinois that access by all persons to
public records promotes the transparency and accountability of
public bodies at all levels of government. It is a fundamental
obligation of government to operate openly and provide public
records as expediently and efficiently as possible in compliance
with this Act.
This Act is not intended to cause an unwarranted invasion
of personal privacy, nor to allow the requests of a commercial
enterprise to unduly burden public resources, or to disrupt the
duly-undertaken work of any public body independent of the
fulfillment of any of the fore-mentioned rights of the people to
access to information.
This Act is not intended to create an obligation on the part
of any public body to maintain or prepare any public record
which was not maintained or prepared by such public body at the
time when this Act becomes effective, except as otherwise
required by applicable local, State or federal law.
Restraints on access to information, to the extent permitted
by this Act, are limited exceptions to the principle that the
people of this State have a right to full disclosure of
information relating to the decisions, policies, procedures,
rules, standards, and other aspects of government activity that
affect the conduct of government and the lives of any or all of
the people. The provisions of this Act shall be construed in
accordance with this principle. This Act shall be construed to
require disclosure of requested information as expediently and
efficiently as possible and adherence to the deadlines
established in this Act.
The General Assembly recognizes that this Act imposes fiscal
obligations on public bodies to provide adequate staff and
equipment to comply with its requirements. The General Assembly
declares that providing records in compliance with the
requirements of this Act is a primary duty of public bodies to
the people of this State, and this Act should be construed to
this end, fiscal obligations notwithstanding.
The General Assembly further recognizes that technology may
advance at a rate that outpaces its ability to address those
advances legislatively. To the extent that this Act may not
expressly apply to those technological advances, this Act should
nonetheless be interpreted to further the declared policy of
this Act that public records shall be made available upon
request except when denial of access furthers the public policy
underlying a specific exemption.
This Act shall be the exclusive State statute on freedom of
information, except to the extent that other State statutes
might create additional restrictions on disclosure of
information or other laws in Illinois might create additional
obligations for disclosure of information to the public.
(Source: P.A. 96-542, eff. 1-1-10. )
(5 ILCS 140/1.1) (from Ch. 116, par. 201.1)
Sec. 1.1. This Act may be cited as the Freedom of
Information Act.
(Source: P.A. 86-1475. )
(5 ILCS 140/1.2)
Sec. 1.2. Presumption. All records in the custody or
possession of a public body are presumed to be open to
inspection or copying. Any public body that asserts that a
record is exempt from disclosure has the burden of proving by
clear and convincing evidence that it is exempt.
(Source: P.A. 96-542, eff. 1-1-10. )
(5 ILCS 140/2) (from Ch. 116, par. 202)
Sec. 2. Definitions. As used in this Act:
(a) "Public body" means all legislative, executive,
administrative, or advisory bodies of the State, state
universities and colleges, counties, townships, cities,
villages, incorporated towns, school districts and all other
municipal corporations, boards, bureaus, committees, or
commissions of this State, any subsidiary bodies of any of the
foregoing including but not limited to committees and
subcommittees thereof, and a School Finance Authority created
under Article 1E of the School Code. "Public body" does not
include a child death review team or the Illinois Child Death
Review Teams Executive Council established under the Child Death
Review Team Act, or a regional youth advisory board or the
Statewide Youth Advisory Board established under the Department
of Children and Family Services Statewide Youth Advisory Board
Act.
(b) "Person" means any individual, corporation, partnership,
firm, organization or association, acting individually or as a
group.
(c) "Public records" means all records, reports, forms,
writings, letters, memoranda, books, papers, maps, photographs,
microfilms, cards, tapes, recordings, electronic data processing
records, electronic communications, recorded information and all
other documentary materials pertaining to the transaction of
public business, regardless of physical form or characteristics,
having been prepared by or for, or having been or being used by,
received by, in the possession of, or under the control of any
public body.
(c-5) "Private information" means unique identifiers,
including a person's social security number, driver's license
number, employee identification number, biometric identifiers,
personal financial information, passwords or other access codes,
medical records, home or personal telephone numbers, and
personal email addresses. Private information also includes home
address and personal license plates, except as otherwise
provided by law or when compiled without possibility of
attribution to any person.
(c-10) "Commercial purpose" means the use of any part of a
public record or records, or information derived from public
records, in any form for sale, resale, or solicitation or
advertisement for sales or services. For purposes of this
definition, requests made by news media and non-profit,
scientific, or academic organizations shall not be considered to
be made for a "commercial purpose" when the principal purpose of
the request is (i) to access and disseminate information
concerning news and current or passing events, (ii) for articles
of opinion or features of interest to the public, or (iii) for
the purpose of academic, scientific, or public research or
education.
(d) "Copying" means the reproduction of any public record by
means of any photographic, electronic, mechanical or other
process, device or means now known or hereafter developed and
available to the public body.
(e) "Head of the public body" means the president, mayor,
chairman, presiding officer, director, superintendent, manager,
supervisor or individual otherwise holding primary executive and
administrative authority for the public body, or such person's
duly authorized designee.
(f) "News media" means a newspaper or other periodical
issued at regular intervals whether in print or electronic
format, a news service whether in print or electronic format, a
radio station, a television station, a television network, a
community antenna television service, or a person or corporation
engaged in making news reels or other motion picture news for
public showing.
(g) "Recurrent requester", as used in Section 3.2 of this
Act, means a person that, in the 12 months immediately preceding
the request, has submitted to the same public body (i) a minimum
of 50 requests for records, (ii) a minimum of 15 requests for
records within a 30-day period, or (iii) a minimum of 7 requests
for records within a 7-day period. For purposes of this
definition, requests made by news media and non-profit,
scientific, or academic organizations shall not be considered in
calculating the number of requests made in the time periods in
this definition when the principal purpose of the requests is
(i) to access and disseminate information concerning news and
current or passing events, (ii) for articles of opinion or
features of interest to the public, or (iii) for the purpose of
academic, scientific, or public research or education.
For the purposes of this subsection (g) , "request" means a
written document (or oral request, if the public body chooses to
honor oral requests) that is submitted to a public body via
personal delivery, mail, telefax, electronic mail, or other
means available to the public body and that identifies the
particular public record the requester seeks. One request may
identify multiple records to be inspected or copied.
(h) "Voluminous request" means a request that: (i) includes
more than 5 individual requests for more than 5 different
categories of records or a combination of individual requests
that total requests for more than 5 different categories of
records in a period of 20 business days; or (ii) requires the
compilation of more than 500 letter or legal-sized pages of
public records unless a single requested record exceeds 500
pages. "Single requested record" may include, but is not limited
to, one report, form, e-mail, letter, memorandum, book, map,
microfilm, tape, or recording.
"Voluminous request" does not include a request made by news
media and non-profit, scientific, or academic organizations if
the principal purpose of the request is: (1) to access and
disseminate information concerning news and current or passing
events; (2) for articles of opinion or features of interest to
the public; or (3) for the purpose of academic, scientific, or
public research or education.
For the purposes of this subsection (h) , "request" means a
written document, or oral request, if the public body chooses to
honor oral requests, that is submitted to a public body via
personal delivery, mail, telefax, electronic mail, or other
means available to the public body and that identifies the
particular public record or records the requester seeks. One
request may identify multiple individual records to be inspected
or copied.
(i) "Severance agreement" means a mutual agreement between
any public body and its employee for the employee's resignation
in exchange for payment by the public body.
(Source: P.A. 98-806, eff. 1-1-15; 98-1129, eff. 12-3-14; 99-78,
eff. 7-20-15; 99-478, eff. 6-1-16. )
(5 ILCS 140/2.5)
Sec. 2.5. Records of funds. All records relating to the
obligation, receipt, and use of public funds of the State, units
of local government, and school districts are public records
subject to inspection and copying by the public.
(Source: P.A. 96-542, eff. 1-1-10. )
(5 ILCS 140/2.10)
Sec. 2. 10. Payrolls. Certified payroll records submitted to
a public body under Section 5 (a) (2) of the Prevailing Wage Act
are public records subject to inspection and copying in
accordance with the provisions of this Act; except that
contractors' employees' addresses, telephone numbers, and social
security numbers must be redacted by the public body prior to
disclosure.
(Source: P.A. 96-542, eff. 1-1-10. )
(5 ILCS 140/2.15)
Sec. 2. 15. Arrest reports and criminal history records.
(a) Arrest reports. The following chronologically maintained
arrest and criminal history information maintained by State or
local criminal justice agencies shall be furnished as soon as
practical, but in no event later than 72 hours after the arrest,
notwithstanding the time limits otherwise provided for in
Section 3 of this Act: (i) information that identifies the
individual, including the name, age, address, and photograph,
when and if available; (ii) information detailing any charges
relating to the arrest; (iii) the time and location of the
arrest; (iv) the name of the investigating or arresting law
enforcement agency; (v) (blank) ; and (vi) if the individual is
incarcerated, the time and date that the individual was received
into, discharged from, or transferred from the arresting
agency's custody.
(b) Criminal history records. The following documents
maintained by a public body pertaining to criminal history
record information are public records subject to inspection and
copying by the public pursuant to this Act: (i) court records
that are public; (ii) records that are otherwise available under
State or local law; and (iii) records in which the requesting
party is the individual identified, except as provided under
Section 7 (1) (d) (vi) .
(c) Information described in items (iii) through (vi) of
subsection (a) may be withheld if it is determined that
disclosure would: (i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings conducted by
any law enforcement agency; (ii) endanger the life or physical
safety of law enforcement or correctional personnel or any other
person; or (iii) compromise the security of any correctional
facility.
(d) The provisions of this Section do not supersede the
confidentiality provisions for law enforcement or arrest records
of the Juvenile Court Act of 1987.
(e) Notwithstanding the requirements of subsection (a) , a
law enforcement agency may not publish booking photographs,
commonly known as "mugshots", on its social networking website
in connection with civil offenses, petty offenses, business
offenses, Class C misdemeanors, and Class B misdemeanors unless
the booking photograph is posted to the social networking
website to assist in the search for a missing person or to
assist in the search for a fugitive, person of interest, or
individual wanted in relation to a crime other than a petty
offense, business offense, Class C misdemeanor, or Class B
misdemeanor. As used in this subsection, "social networking
website" has the meaning provided in Section 10 of the Right to
Privacy in the Workplace Act.
(Source: P.A. 101-433, eff. 8-20-19; 101-652, eff. 1-1-23; 102-
1104, eff. 1-1-23. )
(5 ILCS 140/2.20)
Sec. 2.20. Settlement and severance agreements. All
settlement and severance agreements entered into by or on behalf
of a public body are public records subject to inspection and
copying by the public, provided that information exempt from
disclosure under Section 7 of this Act may be redacted.
(Source: P.A. 99-478, eff. 6-1-16. )
(5 ILCS 140/2.25)
Sec. 2.25. Demolition, repair, enclosure, or remediation
records. Demolition, repair, enclosure, or remediation records
submitted to a county under Section 5-1121 of the Counties Code
or a municipality under Section 11-31-1 of the Illinois
Municipal Code are public records subject to inspection and
copying in accordance with the provisions of this Act; except
that contractors' employees' addresses, telephone numbers, and
social security numbers must be redacted by the public body
prior to disclosure.
(Source: P.A. 102-847, eff. 5-13-22. )
(5 ILCS 140/3) (from Ch. 116, par. 203)
Sec. 3. (a) Each public body shall make available to any
person for inspection or copying all public records, except as
otherwise provided in Sections 7 and 8.5 of this Act.
Notwithstanding any other law, a public body may not grant to
any person or entity, whether by contract, license, or
otherwise, the exclusive right to access and disseminate any
public record as defined in this Act.
(b) Subject to the fee provisions of Section 6 of this Act,
each public body shall promptly provide, to any person who
submits a request, a copy of any public record required to be
disclosed by subsection (a) of this Section and shall certify
such copy if so requested.
(c) Requests for inspection or copies shall be made in
writing and directed to the public body. Written requests may be
submitted to a public body via personal delivery, mail, telefax,
or other means available to the public body. A public body may
honor oral requests for inspection or copying. A public body may
not require that a request be submitted on a standard form or
require the requester to specify the purpose for a request,
except to determine whether the records are requested for a
commercial purpose or whether to grant a request for a fee
waiver. All requests for inspection and copying received by a
public body shall immediately be forwarded to its Freedom of
Information officer or designee.
(d) Each public body shall, promptly, either comply with or
deny a request for public records within 5 business days after
its receipt of the request, unless the time for response is
properly extended under subsection (e) of this Section. Denial
shall be in writing as provided in Section 9 of this Act.
Failure to comply with a written request, extend the time for
response, or deny a request within 5 business days after its
receipt shall be considered a denial of the request. A public
body that fails to respond to a request within the requisite
periods in this Section but thereafter provides the requester
with copies of the requested public records may not impose a fee
for such copies. A public body that fails to respond to a
request received may not treat the request as unduly burdensome
under subsection (g) .
(e) The time for response under this Section may be extended
by the public body for not more than 5 business days from the
original due date for any of the following reasons:
(i) the requested records are stored in whole or in
part at other locations than the office having charge of the
requested records;
(ii) the request requires the collection of a
substantial number of specified records;
(iii) the request is couched in categorical terms and
requires an extensive search for the records responsive to
it;
(iv) the requested records have not been located in
the course of routine search and additional efforts are
being made to locate them;
(v) the requested records require examination and
evaluation by personnel having the necessary competence and
discretion to determine if they are exempt from disclosure
under Section 7 of this Act or should be revealed only with
appropriate deletions;
(vi) the request for records cannot be complied with
by the public body within the time limits prescribed by
subsection (d) of this Section without unduly burdening or
interfering with the operations of the public body;
(vii) there is a need for consultation, which shall
be conducted with all practicable speed, with another public
body or among 2 or more components of a public body having a
substantial interest in the determination or in the subject
matter of the request.
The person making a request and the public body may agree in
writing to extend the time for compliance for a period to be
determined by the parties. If the requester and the public body
agree to extend the period for compliance, a failure by the
public body to comply with any previous deadlines shall not be
treated as a denial of the request for the records.
(f) When additional time is required for any of the above
reasons, the public body shall, within 5 business days after
receipt of the request, notify the person making the request of
the reasons for the extension and the date by which the response
will be forthcoming. Failure to respond within the time
permitted for extension shall be considered a denial of the
request. A public body that fails to respond to a request within
the time permitted for extension but thereafter provides the
requester with copies of the requested public records may not
impose a fee for those copies. A public body that requests an
extension and subsequently fails to respond to the request may
not treat the request as unduly burdensome under subsection (g) .
(g) Requests calling for all records falling within a
category shall be complied with unless compliance with the
request would be unduly burdensome for the complying public body
and there is no way to narrow the request and the burden on the
public body outweighs the public interest in the information.
Before invoking this exemption, the public body shall extend to
the person making the request an opportunity to confer with it
in an attempt to reduce the request to manageable proportions.
If any public body responds to a categorical request by stating
that compliance would unduly burden its operation and the
conditions described above are met, it shall do so in writing,
specifying the reasons why it would be unduly burdensome and the
extent to which compliance will so burden the operations of the
public body. Such a response shall be treated as a denial of the
request for information.
Repeated requests from the same person for the same records
that are unchanged or identical to records previously provided
or properly denied under this Act shall be deemed unduly
burdensome under this provision.
(h) Each public body may promulgate rules and regulations in
conformity with the provisions of this Section pertaining to the
availability of records and procedures to be followed,
including:
(i) the times and places where such records will be
made available, and
(ii) the persons from whom such records may be
obtained.
(i) The time periods for compliance or denial of a request
to inspect or copy records set out in this Section shall not
apply to requests for records made for a commercial purpose,
requests by a recurrent requester, or voluminous requests. Such
requests shall be subject to the provisions of Sections 3. 1,
3.2, and 3.6 of this Act, as applicable.
(Source: P.A. 101-81, eff. 7-12-19. )
(5 ILCS 140/3.1)
Sec. 3. 1. Requests for commercial purposes.
(a) A public body shall respond to a request for records to
be used for a commercial purpose within 21 working days after
receipt. The response shall (i) provide to the requester an
estimate of the time required by the public body to provide the
records requested and an estimate of the fees to be charged,
which the public body may require the person to pay in full
before copying the requested documents, (ii) deny the request
pursuant to one or more of the exemptions set out in this Act,
(iii) notify the requester that the request is unduly burdensome
and extend an opportunity to the requester to attempt to reduce
the request to manageable proportions, or (iv) provide the
records requested.
(b) Unless the records are exempt from disclosure, a public
body shall comply with a request within a reasonable period
considering the size and complexity of the request, and giving
priority to records requested for non-commercial purposes.
(c) It is a violation of this Act for a person to knowingly
obtain a public record for a commercial purpose without
disclosing that it is for a commercial purpose, if requested to
do so by the public body.
(Source: P.A. 96-542, eff. 1-1-10. )
(5 ILCS 140/3.2)
Sec. 3.2. Recurrent requesters.
(a) Notwithstanding any provision of this Act to the
contrary, a public body shall respond to a request from a
recurrent requester, as defined in subsection (g) of Section 2,
within 21 business days after receipt. The response shall (i)
provide to the requester an estimate of the time required by the
public body to provide the records requested and an estimate of
the fees to be charged, which the public body may require the
person to pay in full before copying the requested documents,
(ii) deny the request pursuant to one or more of the exemptions
set out in this Act, (iii) notify the requester that the request
is unduly burdensome and extend an opportunity to the requester
to attempt to reduce the request to manageable proportions, or
(iv) provide the records requested.
(b) Within 5 business days after receiving a request from a
recurrent requester, as defined in subsection (g) of Section 2,
the public body shall notify the requester (i) that the public
body is treating the request as a request under subsection (g)
of Section 2, (ii) of the reasons why the public body is
treating the request as a request under subsection (g) of
Section 2, and (iii) that the public body will send an initial
response within 21 business days after receipt in accordance
with subsection (a) of this Section. The public body shall also
notify the requester of the proposed responses that can be
asserted pursuant to subsection (a) of this Section.
(c) Unless the records are exempt from disclosure, a public
body shall comply with a request within a reasonable period
considering the size and complexity of the request.
(Source: P.A. 97-579, eff. 8-26-11; 98-756, eff. 7-16-14. )
(5 ILCS 140/3.3)
Sec. 3.3. This Act is not intended to compel public bodies
to interpret or advise requesters as to the meaning or
significance of the public records.
(Source: P.A. 96-542, eff. 1-1-10. )
(5 ILCS 140/3.5)
Sec. 3.5. Freedom of Information officers.
(a) Each public body shall designate one or more officials
or employees to act as its Freedom of Information officer or
officers. Except in instances when records are furnished
immediately, Freedom of Information officers, or their
designees, shall receive requests submitted to the public body
under this Act, ensure that the public body responds to requests
in a timely fashion, and issue responses under this Act. Freedom
of Information officers shall develop a list of documents or
categories of records that the public body shall immediately
disclose upon request.
Upon receiving a request for a public record, the Freedom of
Information officer shall:
(1) note the date the public body receives the
written request;
(2) compute the day on which the period for response
will expire and make a notation of that date on the written
request;
(3) maintain an electronic or paper copy of a written
request, including all documents submitted with the request
until the request has been complied with or denied; and
(4) create a file for the retention of the original
request, a copy of the response, a record of written
communications with the requester, and a copy of other
communications.
(b) All Freedom of Information officers shall, within 6
months after the effective date of this amendatory Act of the
96th General Assembly, successfully complete an electronic
training curriculum to be developed by the Public Access
Counselor and thereafter successfully complete an annual
training program. Thereafter, whenever a new Freedom of
Information officer is designated by a public body, that person
shall successfully complete the electronic training curriculum
within 30 days after assuming the position. Successful
completion of the required training curriculum within the
periods provided shall be a prerequisite to continue serving as
a Freedom of Information officer.
(Source: P.A. 96-542, eff. 1-1-10. )
(5 ILCS 140/3.6)
Sec. 3. 6. Voluminous requests.
(a) Notwithstanding any provision of this Act to the
contrary, a public body shall respond to a voluminous request
within 5 business days after receipt. The response shall notify
the requester: (i) that the public body is treating the request
as a voluminous request; (ii) the reasons why the public body is
treating the request as a voluminous request; (iii) that the
requester must respond to the public body within 10 business
days after the public body's response was sent and specify
whether the requester would like to amend the request in such a
way that the public body will no longer treat the request as a
voluminous request; (iv) that if the requester does not respond
within 10 business days or if the request continues to be a
voluminous request following the requester's response, the
public body will respond to the request and assess any fees the
public body charges pursuant to Section 6 of this Act; (v) that
the public body has 5 business days after receipt of the
requester's response or 5 business days from the last day for
the requester to amend his or her request, whichever is sooner,
to respond to the request; (vi) that the public body may request
an additional 10 business days to comply with the request; (vii)
of the requester's right to review of the public body's
determination by the Public Access Counselor and provide the
address and phone number for the Public Access Counselor; and
(viii) that if the requester fails to accept or collect the
responsive records, the public body may still charge the
requester for its response pursuant to Section 6 of this Act and
the requester's failure to pay will be considered a debt due and
owing to the public body and may be collected in accordance with
applicable law.
(b) A public body shall provide a person making a voluminous
request 10 business days from the date the public body's
response pursuant to subsection (a) of this Section is sent to
amend the request in such a way that the public body will no
longer treat the request as a voluminous request.
(c) If a request continues to be a voluminous request
following the requester's response under subsection (b) of this
Section or the requester fails to respond, the public body shall
respond within the earlier of 5 business days after it receives
the response from the requester or 5 business days after the
final day for the requester to respond to the public body's
notification under this subsection. The response shall: (i)
provide an estimate of the fees to be charged, which the public
body may require the person to pay in full before copying the
requested documents; (ii) deny the request pursuant to one or
more of the exemptions set out in this Act; (iii) notify the
requester that the request is unduly burdensome and extend an
opportunity to the requester to attempt to reduce the request to
manageable proportions; or (iv) provide the records requested.
(d) The time for response by the public body under
subsection (c) of this Section may be extended by the public
body for not more than 10 business days from the final day for
the requester to respond to the public body's notification under
subsection (c) of this Section for any of the reasons provided
in subsection (e) of Section 3 of this Act.
The person making a request and the public body may agree in
writing to extend the time for compliance for a period to be
determined by the parties. If the requester and the public body
agree to extend the period for compliance, a failure by the
public body to comply with any previous deadlines shall not be
treated as a denial of the request for the records.
(e) If a requester does not pay a fee charged pursuant to
Section 6 of this Act for a voluminous request, the debt shall
be considered a debt due and owing to the public body and may be
collected in accordance with applicable law. This fee may be
charged by the public body even if the requester fails to accept
or collect records the public body has prepared in response to a
voluminous request.
(Source: P.A. 98-1129, eff. 12-3-14. )
(5 ILCS 140/4) (from Ch. 116, par. 204)
Sec. 4. Each public body shall prominently display at each
of its administrative or regional offices, make available for
inspection and copying, and send through the mail if requested,
each of the following:
(a) A brief description of itself, which will
include, but not be limited to, a short summary of its
purpose, a block diagram giving its functional subdivisions,
the total amount of its operating budget, the number and
location of all of its separate offices, the approximate
number of full and part-time employees, and the
identification and membership of any board, commission,
committee, or council which operates in an advisory capacity
relative to the operation of the public body, or which
exercises control over its policies or procedures, or to
which the public body is required to report and be
answerable for its operations; and
(b) A brief description of the methods whereby the
public may request information and public records, a
directory designating the Freedom of Information officer or
officers, the address where requests for public records
should be directed, and any fees allowable under Section 6
of this Act.
A public body that maintains a website shall also post this
information on its website.
(Source: P.A. 96-542, eff. 1-1-10; 96-1000, eff. 7-2-10. )
(5 ILCS 140/5) (from Ch. 116, par. 205)
Sec. 5. As to public records prepared or received after the
effective date of this Act, each public body shall maintain and
make available for inspection and copying a reasonably current
list of all types or categories of records under its control.
The list shall be reasonably detailed in order to aid persons in
obtaining access to public records pursuant to this Act. Each
public body shall furnish upon request a description of the
manner in which public records stored by means of electronic
data processing may be obtained in a form comprehensible to
persons lacking knowledge of computer language or printout
format.
(Source: P.A. 83-1013. )
(5 ILCS 140/6) (from Ch. 116, par. 206)
Sec. 6. Authority to charge fees.
(a) When a person requests a copy of a record maintained in
an electronic format, the public body shall furnish it in the
electronic format specified by the requester, if feasible. If it
is not feasible to furnish the public records in the specified
electronic format, then the public body shall furnish it in the
format in which it is maintained by the public body, or in paper
format at the option of the requester. A public body may charge
the requester for the actual cost of purchasing the recording
medium, whether disc, diskette, tape, or other medium. If a
request is not a request for a commercial purpose or a
voluminous request, a public body may not charge the requester
for the costs of any search for and review of the records or
other personnel costs associated with reproducing the records.
Except to the extent that the General Assembly expressly
provides, statutory fees applicable to copies of public records
when furnished in a paper format shall not be applicable to
those records when furnished in an electronic format.
(a-5) If a voluminous request is for electronic records and
those records are not in a portable document format (PDF) , the
public body may charge up to $20 for not more than 2 megabytes
of data, up to $40 for more than 2 but not more than 4 megabytes
of data, and up to $100 for more than 4 megabytes of data. If a
voluminous request is for electronic records and those records
are in a portable document format, the public body may charge up
to $20 for not more than 80 megabytes of data, up to $40 for
more than 80 megabytes but not more than 160 megabytes of data,
and up to $100 for more than 160 megabytes of data. If the
responsive electronic records are in both a portable document
format and not in a portable document format, the public body
may separate the fees and charge the requester under both fee
scales.
If a public body imposes a fee pursuant to this subsection
(a-5) , it must provide the requester with an accounting of all
fees, costs, and personnel hours in connection with the request
for public records.
(b) Except when a fee is otherwise fixed by statute, each
public body may charge fees reasonably calculated to reimburse
its actual cost for reproducing and certifying public records
and for the use, by any person, of the equipment of the public
body to copy records. No fees shall be charged for the first 50
pages of black and white, letter or legal sized copies requested
by a requester. The fee for black and white, letter or legal
sized copies shall not exceed 15 cents per page. If a public
body provides copies in color or in a size other than letter or
legal, the public body may not charge more than its actual cost
for reproducing the records. In calculating its actual cost for
reproducing records or for the use of the equipment of the
public body to reproduce records, a public body shall not
include the costs of any search for and review of the records or
other personnel costs associated with reproducing the records,
except for commercial requests as provided in subsection (f) of
this Section. Such fees shall be imposed according to a standard
scale of fees, established and made public by the body imposing
them. The cost for certifying a record shall not exceed $1.
(c) Documents shall be furnished without charge or at a
reduced charge, as determined by the public body, if the person
requesting the documents states the specific purpose for the
request and indicates that a waiver or reduction of the fee is
in the public interest. Waiver or reduction of the fee is in the
public interest if the principal purpose of the request is to
access and disseminate information regarding the health, safety
and welfare or the legal rights of the general public and is not
for the principal purpose of personal or commercial benefit. For
purposes of this subsection, "commercial benefit" shall not
apply to requests made by news media when the principal purpose
of the request is to access and disseminate information
regarding the health, safety, and welfare or the legal rights of
the general public. In setting the amount of the waiver or
reduction, the public body may take into consideration the
amount of materials requested and the cost of copying them.
(d) The imposition of a fee not consistent with subsections
(6) (a) and (b) of this Act constitutes a denial of access to
public records for the purposes of judicial review.
(e) The fee for each abstract of a driver's record shall be
as provided in Section 6-118 of "The Illinois Vehicle Code",
approved September 29, 1969, as amended, whether furnished as a
paper copy or as an electronic copy.
(f) A public body may charge up to $10 for each hour spent
by personnel in searching for and retrieving a requested record
or examining the record for necessary redactions. No fees shall
be charged for the first 8 hours spent by personnel in searching
for or retrieving a requested record. A public body may charge
the actual cost of retrieving and transporting public records
from an off-site storage facility when the public records are
maintained by a third-party storage company under contract with
the public body. If a public body imposes a fee pursuant to this
subsection (f) , it must provide the requester with an accounting
of all fees, costs, and personnel hours in connection with the
request for public records. The provisions of this subsection
(f) apply only to commercial requests.
(Source: P.A. 97-579, eff. 8-26-11; 98-1129, eff. 12-3-14. )
(5 ILCS 140/7) (from Ch. 116, par. 207)
(Text of Section from P.A. 102-752)
Sec. 7. Exemptions.
(1) When a request is made to inspect or copy a public
record that contains information that is exempt from disclosure
under this Section, but also contains information that is not
exempt from disclosure, the public body may elect to redact the
information that is exempt. The public body shall make the
remaining information available for inspection and copying.
Subject to this requirement, the following shall be exempt from
inspection and copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and regulations
implementing federal or State law.
(b) Private information, unless disclosure is
required by another provision of this Act, a State or
federal law or a court order.
(b-5) Files, documents, and other data or databases
maintained by one or more law enforcement agencies and
specifically designed to provide information to one or more
law enforcement agencies regarding the physical or mental
status of one or more individual subjects.
(c) Personal information contained within public
records, the disclosure of which would constitute a clearly
unwarranted invasion of personal privacy, unless the
disclosure is consented to in writing by the individual
subjects of the information. "Unwarranted invasion of
personal privacy" means the disclosure of information that
is highly personal or objectionable to a reasonable person
and in which the subject's right to privacy outweighs any
legitimate public interest in obtaining the information. The
disclosure of information that bears on the public duties of
public employees and officials shall not be considered an
invasion of personal privacy.
(d) Records in the possession of any public body
created in the course of administrative enforcement
proceedings, and any law enforcement or correctional agency
for law enforcement purposes, but only to the extent that
disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional agency
that is the recipient of the request;
(ii) interfere with active administrative
enforcement proceedings conducted by the public body
that is the recipient of the request;
(iii) create a substantial likelihood that a
person will be deprived of a fair trial or an impartial
hearing;
(iv) unavoidably disclose the identity of a
confidential source, confidential information furnished
only by the confidential source, or persons who file
complaints with or provide information to
administrative, investigative, law enforcement, or penal
agencies; except that the identities of witnesses to
traffic accidents, traffic accident reports, and rescue
reports shall be provided by agencies of local
government, except when disclosure would interfere with
an active criminal investigation conducted by the agency
that is the recipient of the request;
(v) disclose unique or specialized investigative
techniques other than those generally used and known or
disclose internal documents of correctional agencies
related to detection, observation or investigation of
incidents of crime or misconduct, and disclosure would
result in demonstrable harm to the agency or public body
that is the recipient of the request;
(vi) endanger the life or physical safety of law
enforcement personnel or any other person; or
(vii) obstruct an ongoing criminal investigation
by the agency that is the recipient of the request.
(d-5) A law enforcement record created for law
enforcement purposes and contained in a shared electronic
record management system if the law enforcement agency that
is the recipient of the request did not create the record,
did not participate in or have a role in any of the events
which are the subject of the record, and only has access to
the record through the shared electronic record management
system.
(d-6) Records contained in the Officer Professional
Conduct Database under Section 9.2 of the Illinois Police
Training Act, except to the extent authorized under that
Section. This includes the documents supplied to the
Illinois Law Enforcement Training Standards Board from the
Illinois State Police and Illinois State Police Merit Board.
(e) Records that relate to or affect the security of
correctional institutions and detention facilities.
(e-5) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials are available in the library of the correctional
institution or facility or jail where the inmate is
confined.
(e-6) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials include records from staff members' personnel
files, staff rosters, or other staffing assignment
information.
(e-7) Records requested by persons committed to the
Department of Corrections or Department of Human Services
Division of Mental Health if those materials are available
through an administrative request to the Department of
Corrections or Department of Human Services Division of
Mental Health.
(e-8) Records requested by a person committed to
the Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail, the disclosure
of which would result in the risk of harm to any person or
the risk of an escape from a jail or correctional
institution or facility.
(e-9) Records requested by a person in a county
jail or committed to the Department of Corrections or
Department of Human Services Division of Mental Health,
containing personal information pertaining to the person's
victim or the victim's family, including, but not limited
to, a victim's home address, home telephone number, work or
school address, work telephone number, social security
number, or any other identifying information, except as may
be relevant to a requester's current or potential case or
claim.
(e-10) Law enforcement records of other persons
requested by a person committed to the Department of
Corrections, Department of Human Services Division of Mental
Health, or a county jail, including, but not limited to,
arrest and booking records, mug shots, and crime scene
photographs, except as these records may be relevant to the
requester's current or potential case or claim.
(f) Preliminary drafts, notes, recommendations,
memoranda and other records in which opinions are expressed,
or policies or actions are formulated, except that a
specific record or relevant portion of a record shall not be
exempt when the record is publicly cited and identified by
the head of the public body. The exemption provided in this
paragraph (f) extends to all those records of officers and
agencies of the General Assembly that pertain to the
preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or commercial or financial information are
furnished under a claim that they are proprietary,
privileged, or confidential, and that disclosure of the
trade secrets or commercial or financial information would
cause competitive harm to the person or business, and only
insofar as the claim directly applies to the records
requested.
The information included under this exemption
includes all trade secrets and commercial or financial
information obtained by a public body, including a public
pension fund, from a private equity fund or a privately held
company within the investment portfolio of a private equity
fund as a result of either investing or evaluating a
potential investment of public funds in a private equity
fund. The exemption contained in this item does not apply to
the aggregate financial performance information of a private
equity fund, nor to the identity of the fund's managers or
general partners. The exemption contained in this item does
not apply to the identity of a privately held company within
the investment portfolio of a private equity fund, unless
the disclosure of the identity of a privately held company
may cause competitive harm.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting to
disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were disclosed
would frustrate procurement or give an advantage to any
person proposing to enter into a contractor agreement with
the body, until an award or final selection is made.
Information prepared by or for the body in preparation of a
bid solicitation shall be exempt until an award or final
selection is made.
(i) Valuable formulae, computer geographic systems,
designs, drawings and research data obtained or produced by
any public body when disclosure could reasonably be expected
to produce private gain or public loss. The exemption for
"computer geographic systems" provided in this paragraph (i)
does not extend to requests made by news media as defined in
Section 2 of this Act when the requested information is not
otherwise exempt and the only purpose of the request is to
access and disseminate information regarding the health,
safety, welfare, or legal rights of the general public.
(j) The following information pertaining to
educational matters:
(i) test questions, scoring keys and other
examination data used to administer an academic
examination;
(ii) information received by a primary or
secondary school, college, or university under its
procedures for the evaluation of faculty members by
their academic peers;
(iii) information concerning a school or
university's adjudication of student disciplinary cases,
but only to the extent that disclosure would unavoidably
reveal the identity of the student; and
(iv) course materials or research materials used
by faculty members.
(k) Architects' plans, engineers' technical
submissions, and other construction related technical
documents for projects not constructed or developed in whole
or in part with public funds and the same for projects
constructed or developed with public funds, including, but
not limited to, power generating and distribution stations
and other transmission and distribution facilities, water
treatment facilities, airport facilities, sport stadiums,
convention centers, and all government owned, operated, or
occupied buildings, but only to the extent that disclosure
would compromise security.
(1) Minutes of meetings of public bodies closed to
the public as provided in the Open Meetings Act until the
public body makes the minutes available to the public under
Section 2.06 of the Open Meetings Act.
(m) Communications between a public body and an
attorney or auditor representing the public body that would
not be subject to discovery in litigation, and materials
prepared or compiled by or for a public body in anticipation
of a criminal, civil, or administrative proceeding upon the
request of an attorney advising the public body, and
materials prepared or compiled with respect to internal
audits of public bodies.
(n) Records relating to a public body's adjudication
of employee grievances or disciplinary cases; however, this
exemption shall not extend to the final outcome of cases in
which discipline is imposed.
(o) Administrative or technical information
associated with automated data processing operations,
including, but not limited to, software, operating
protocols, computer program abstracts, file layouts, source
listings, object modules, load modules, user guides,
documentation pertaining to all logical and physical design
of computerized systems, employee manuals, and any other
information that, if disclosed, would jeopardize the
security of the system or its data or the security of
materials exempt under this Section.
(p) Records relating to collective negotiating
matters between public bodies and their employees or
representatives, except that any final contract or agreement
shall be subject to inspection and copying.
(q) Test questions, scoring keys, and other
examination data used to determine the qualifications of an
applicant for a license or employment.
(r) The records, documents, and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding under
the Eminent Domain Act, records, documents, and information
relating to that parcel shall be exempt except as may be
allowed under discovery rules adopted by the Illinois
Supreme Court. The records, documents, and information
relating to a real estate sale shall be exempt until a sale
is consummated.
(s) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or pool.
Insurance or self insurance (including any intergovernmental
risk management association or self insurance pool) claims,
loss or risk management information, records, data, advice
or communications.
(t) Information contained in or related to
examination, operating, or condition reports prepared by, on
behalf of, or for the use of a public body responsible for
the regulation or supervision of financial institutions,
insurance companies, or pharmacy benefit managers, unless
disclosure is otherwise required by State law.
(u) Information that would disclose or might lead to
the disclosure of secret or confidential information, codes,
algorithms, programs, or private keys intended to be used to
create electronic signatures under the Uniform Electronic
Transactions Act.
(v) Vulnerability assessments, security measures, and
response policies or plans that are designed to identify,
prevent, or respond to potential attacks upon a community's
population or systems, facilities, or installations, the
destruction or contamination of which would constitute a
clear and present danger to the health or safety of the
community, but only to the extent that disclosure could
reasonably be expected to jeopardize the effectiveness of
the measures or the safety of the personnel who implement
them or the public. Information exempt under this item may
include such things as details pertaining to the
mobilization or deployment of personnel or equipment, to the
operation of communication systems or protocols, or to
tactical operations.
(w) (Blank) .
(x) Maps and other records regarding the location or
security of generation, transmission, distribution, storage,
gathering, treatment, or switching facilities owned by a
utility, by a power generator, or by the Illinois Power
Agency.
(y) Information contained in or related to proposals,
bids, or negotiations related to electric power procurement
under Section 1-75 of the Illinois Power Agency Act and
Section 16-111.5 of the Public Utilities Act that is
determined to be confidential and proprietary by the
Illinois Power Agency or by the Illinois Commerce
Commission.
(z) Information about students exempted from
disclosure under Sections 10-20.38 or 34-18.29 of the School
Code, and information about undergraduate students enrolled
at an institution of higher education exempted from
disclosure under Section 25 of the Illinois Credit Card
Marketing Act of 2009.
(aa) Information the disclosure of which is exempted
under the Viatical Settlements Act of 2009.
(bb) Records and information provided to a mortality
review team and records maintained by a mortality review
team appointed under the Department of Juvenile Justice
Mortality Review Team Act.
(cc) Information regarding interments, entombments,
or inurnments of human remains that are submitted to the
Cemetery Oversight Database under the Cemetery Care Act or
the Cemetery Oversight Act, whichever is applicable.
(dd) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid Code
or (ii) that pertain to appeals under Section 11-8 of the
Illinois Public Aid Code.
(ee) The names, addresses, or other personal
information of persons who are minors and are also
participants and registrants in programs of park districts,
forest preserve districts, conservation districts,
recreation agencies, and special recreation associations.
(ff) The names, addresses, or other personal
information of participants and registrants in programs of
park districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations where such programs are targeted primarily to
minors.
(gg) Confidential information described in Section
1-100 of the Illinois Independent Tax Tribunal Act of 2012.
(hh) The report submitted to the State Board of
Education by the School Security and Standards Task Force
under item (8) of subsection (d) of Section 2-3.160 of the
School Code and any information contained in that report.
(ii) Records requested by persons committed to or
detained by the Department of Human Services under the
Sexually Violent Persons Commitment Act or committed to the
Department of Corrections under the Sexually Dangerous
Persons Act if those materials: (i) are available in the
library of the facility where the individual is confined;
(ii) include records from staff members' personnel files,
staff rosters, or other staffing assignment information; or
(iii) are available through an administrative request to the
Department of Human Services or the Department of
Corrections.
(jj ) Confidential information described in Section
5-535 of the Civil Administrative Code of Illinois.
(kk) The public body's credit card numbers, debit
card numbers, bank account numbers, Federal Employer
Identification Number, security code numbers, passwords, and
similar account information, the disclosure of which could
result in identity theft or impression or defrauding of a
governmental entity or a person.
(11) Records concerning the work of the threat
assessment team of a school district.
(mm) Information prohibited from being disclosed
under subsections (a) and (b) of Section 15 of the Student
Confidential Reporting Act.
(1.5) Any information exempt from disclosure under the
Judicial Privacy Act shall be redacted from public records prior
to disclosure under this Act.
(2) A public record that is not in the possession of a
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body, for
purposes of this Act.
(3) This Section does not authorize withholding of
information or limit the availability of records to the public,
except as stated in this Section or otherwise provided in this
Act.
(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; 101-
455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. 6-25-21;
102-558, eff. 8-20-21; 102-752, eff. 1-1-23. )
(Text of Section from P.A. 102-753)
Sec. 7. Exemptions.
(1) When a request is made to inspect or copy a public
record that contains information that is exempt from disclosure
under this Section, but also contains information that is not
exempt from disclosure, the public body may elect to redact the
information that is exempt. The public body shall make the
remaining information available for inspection and copying.
Subject to this requirement, the following shall be exempt from
inspection and copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and regulations
implementing federal or State law.
(b) Private information, unless disclosure is
required by another provision of this Act, a State or
federal law or a court order.
(b-5) Files, documents, and other data or databases
maintained by one or more law enforcement agencies and
specifically designed to provide information to one or more
law enforcement agencies regarding the physical or mental
status of one or more individual subjects.
(c) Personal information contained within public
records, the disclosure of which would constitute a clearly
unwarranted invasion of personal privacy, unless the
disclosure is consented to in writing by the individual
subjects of the information. "Unwarranted invasion of
personal privacy" means the disclosure of information that
is highly personal or objectionable to a reasonable person
and in which the subject's right to privacy outweighs any
legitimate public interest in obtaining the information. The
disclosure of information that bears on the public duties of
public employees and officials shall not be considered an
invasion of personal privacy.
(d) Records in the possession of any public body
created in the course of administrative enforcement
proceedings, and any law enforcement or correctional agency
for law enforcement purposes, but only to the extent that
disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional agency
that is the recipient of the request;
(ii) interfere with active administrative
enforcement proceedings conducted by the public body
that is the recipient of the request;
(iii) create a substantial likelihood that a
person will be deprived of a fair trial or an impartial
hearing;
(iv) unavoidably disclose the identity of a
confidential source, confidential information furnished
only by the confidential source, or persons who file
complaints with or provide information to
administrative, investigative, law enforcement, or penal
agencies; except that the identities of witnesses to
traffic accidents, traffic accident reports, and rescue
reports shall be provided by agencies of local
government, except when disclosure would interfere with
an active criminal investigation conducted by the agency
that is the recipient of the request;
(v) disclose unique or specialized investigative
techniques other than those generally used and known or
disclose internal documents of correctional agencies
related to detection, observation or investigation of
incidents of crime or misconduct, and disclosure would
result in demonstrable harm to the agency or public body
that is the recipient of the request;
(vi) endanger the life or physical safety of law
enforcement personnel or any other person; or
(vii) obstruct an ongoing criminal investigation
by the agency that is the recipient of the request.
(d-5) A law enforcement record created for law
enforcement purposes and contained in a shared electronic
record management system if the law enforcement agency that
is the recipient of the request did not create the record,
did not participate in or have a role in any of the events
which are the subject of the record, and only has access to
the record through the shared electronic record management
system.
(d-6) Records contained in the Officer Professional
Conduct Database under Section 9.2 of the Illinois Police
Training Act, except to the extent authorized under that
Section. This includes the documents supplied to the
Illinois Law Enforcement Training Standards Board from the
Illinois State Police and Illinois State Police Merit Board.
(e) Records that relate to or affect the security of
correctional institutions and detention facilities.
(e-5) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials are available in the library of the correctional
institution or facility or jail where the inmate is
confined.
(e-6) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials include records from staff members' personnel
files, staff rosters, or other staffing assignment
information.
(e-7) Records requested by persons committed to the
Department of Corrections or Department of Human Services
Division of Mental Health if those materials are available
through an administrative request to the Department of
Corrections or Department of Human Services Division of
Mental Health.
(e-8) Records requested by a person committed to
the Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail, the disclosure
of which would result in the risk of harm to any person or
the risk of an escape from a jail or correctional
institution or facility.
(e-9) Records requested by a person in a county
jail or committed to the Department of Corrections or
Department of Human Services Division of Mental Health,
containing personal information pertaining to the person's
victim or the victim's family, including, but not limited
to, a victim's home address, home telephone number, work or
school address, work telephone number, social security
number, or any other identifying information, except as may
be relevant to a requester's current or potential case or
claim.
(e-10) Law enforcement records of other persons
requested by a person committed to the Department of
Corrections, Department of Human Services Division of Mental
Health, or a county jail, including, but not limited to,
arrest and booking records, mug shots, and crime scene
photographs, except as these records may be relevant to the
requester's current or potential case or claim.
(f) Preliminary drafts, notes, recommendations,
memoranda and other records in which opinions are expressed,
or policies or actions are formulated, except that a
specific record or relevant portion of a record shall not be
exempt when the record is publicly cited and identified by
the head of the public body. The exemption provided in this
paragraph (f) extends to all those records of officers and
agencies of the General Assembly that pertain to the
preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or commercial or financial information are
furnished under a claim that they are proprietary,
privileged, or confidential, and that disclosure of the
trade secrets or commercial or financial information would
cause competitive harm to the person or business, and only
insofar as the claim directly applies to the records
requested.
The information included under this exemption
includes all trade secrets and commercial or financial
information obtained by a public body, including a public
pension fund, from a private equity fund or a privately held
company within the investment portfolio of a private equity
fund as a result of either investing or evaluating a
potential investment of public funds in a private equity
fund. The exemption contained in this item does not apply to
the aggregate financial performance information of a private
equity fund, nor to the identity of the fund's managers or
general partners. The exemption contained in this item does
not apply to the identity of a privately held company within
the investment portfolio of a private equity fund, unless
the disclosure of the identity of a privately held company
may cause competitive harm.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting to
disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were disclosed
would frustrate procurement or give an advantage to any
person proposing to enter into a contractor agreement with
the body, until an award or final selection is made.
Information prepared by or for the body in preparation of a
bid solicitation shall be exempt until an award or final
selection is made.
(i) Valuable formulae, computer geographic systems,
designs, drawings and research data obtained or produced by
any public body when disclosure could reasonably be expected
to produce private gain or public loss. The exemption for
"computer geographic systems" provided in this paragraph (i)
does not extend to requests made by news media as defined in
Section 2 of this Act when the requested information is not
otherwise exempt and the only purpose of the request is to
access and disseminate information regarding the health,
safety, welfare, or legal rights of the general public.
(j) The following information pertaining to
educational matters:
(i) test questions, scoring keys and other
examination data used to administer an academic
examination;
(ii) information received by a primary or
secondary school, college, or university under its
procedures for the evaluation of faculty members by
their academic peers;
(iii) information concerning a school or
university's adjudication of student disciplinary cases,
but only to the extent that disclosure would unavoidably
reveal the identity of the student; and
(iv) course materials or research materials used
by faculty members.
(k) Architects' plans, engineers' technical
submissions, and other construction related technical
documents for projects not constructed or developed in whole
or in part with public funds and the same for projects
constructed or developed with public funds, including, but
not limited to, power generating and distribution stations
and other transmission and distribution facilities, water
treatment facilities, airport facilities, sport stadiums,
convention centers, and all government owned, operated, or
occupied buildings, but only to the extent that disclosure
would compromise security.
(1) Minutes of meetings of public bodies closed to
the public as provided in the Open Meetings Act until the
public body makes the minutes available to the public under
Section 2.06 of the Open Meetings Act.
(m) Communications between a public body and an
attorney or auditor representing the public body that would
not be subject to discovery in litigation, and materials
prepared or compiled by or for a public body in anticipation
of a criminal, civil, or administrative proceeding upon the
request of an attorney advising the public body, and
materials prepared or compiled with respect to internal
audits of public bodies.
(n) Records relating to a public body's adjudication
of employee grievances or disciplinary cases; however, this
exemption shall not extend to the final outcome of cases in
which discipline is imposed.
(o) Administrative or technical information
associated with automated data processing operations,
including, but not limited to, software, operating
protocols, computer program abstracts, file layouts, source
listings, object modules, load modules, user guides,
documentation pertaining to all logical and physical design
of computerized systems, employee manuals, and any other
information that, if disclosed, would jeopardize the
security of the system or its data or the security of
materials exempt under this Section.
(p) Records relating to collective negotiating
matters between public bodies and their employees or
representatives, except that any final contract or agreement
shall be subject to inspection and copying.
(q) Test questions, scoring keys, and other
examination data used to determine the qualifications of an
applicant for a license or employment.
(r) The records, documents, and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding under
the Eminent Domain Act, records, documents, and information
relating to that parcel shall be exempt except as may be
allowed under discovery rules adopted by the Illinois
Supreme Court. The records, documents, and information
relating to a real estate sale shall be exempt until a sale
is consummated.
(s) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or pool.
Insurance or self insurance (including any intergovernmental
risk management association or self insurance pool) claims,
loss or risk management information, records, data, advice
or communications.
(t) Information contained in or related to
examination, operating, or condition reports prepared by, on
behalf of, or for the use of a public body responsible for
the regulation or supervision of financial institutions,
insurance companies, or pharmacy benefit managers, unless
disclosure is otherwise required by State law.
(u) Information that would disclose or might lead to
the disclosure of secret or confidential information, codes,
algorithms, programs, or private keys intended to be used to
create electronic signatures under the Uniform Electronic
Transactions Act.
(v) Vulnerability assessments, security measures, and
response policies or plans that are designed to identify,
prevent, or respond to potential attacks upon a community's
population or systems, facilities, or installations, but
only to the extent that disclosure could reasonably be
expected to expose the vulnerability or jeopardize the
effectiveness of the measures, policies, or plans, or the
safety of the personnel who implement them or the public.
Information exempt under this item may include such things
as details pertaining to the mobilization or deployment of
personnel or equipment, to the operation of communication
systems or protocols, to cybersecurity vulnerabilities, or
to tactical operations.
(w) (Blank) .
(x) Maps and other records regarding the location or
security of generation, transmission, distribution, storage,
gathering, treatment, or switching facilities owned by a
utility, by a power generator, or by the Illinois Power
Agency.
(y) Information contained in or related to proposals,
bids, or negotiations related to electric power procurement
under Section 1-75 of the Illinois Power Agency Act and
Section 16-111.5 of the Public Utilities Act that is
determined to be confidential and proprietary by the
Illinois Power Agency or by the Illinois Commerce
Commission.
(z) Information about students exempted from
disclosure under Sections 10-20.38 or 34-18.29 of the School
Code, and information about undergraduate students enrolled
at an institution of higher education exempted from
disclosure under Section 25 of the Illinois Credit Card
Marketing Act of 2009.
(aa) Information the disclosure of which is exempted
under the Viatical Settlements Act of 2009.
(bb) Records and information provided to a mortality
review team and records maintained by a mortality review
team appointed under the Department of Juvenile Justice
Mortality Review Team Act.
(cc) Information regarding interments, entombments,
or inurnments of human remains that are submitted to the
Cemetery Oversight Database under the Cemetery Care Act or
the Cemetery Oversight Act, whichever is applicable.
(dd) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid Code
or (ii) that pertain to appeals under Section 11-8 of the
Illinois Public Aid Code.
(ee) The names, addresses, or other personal
information of persons who are minors and are also
participants and registrants in programs of park districts,
forest preserve districts, conservation districts,
recreation agencies, and special recreation associations.
(ff) The names, addresses, or other personal
information of participants and registrants in programs of
park districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations where such programs are targeted primarily to
minors.
(gg) Confidential information described in Section
1-100 of the Illinois Independent Tax Tribunal Act of 2012.
(hh) The report submitted to the State Board of
Education by the School Security and Standards Task Force
under item (8) of subsection (d) of Section 2-3.160 of the
School Code and any information contained in that report.
(ii) Records requested by persons committed to or
detained by the Department of Human Services under the
Sexually Violent Persons Commitment Act or committed to the
Department of Corrections under the Sexually Dangerous
Persons Act if those materials: (i) are available in the
library of the facility where the individual is confined;
(ii) include records from staff members' personnel files,
staff rosters, or other staffing assignment information; or
(iii) are available through an administrative request to the
Department of Human Services or the Department of
Corrections.
(jj ) Confidential information described in Section
5-535 of the Civil Administrative Code of Illinois.
(kk) The public body's credit card numbers, debit
card numbers, bank account numbers, Federal Employer
Identification Number, security code numbers, passwords, and
similar account information, the disclosure of which could
result in identity theft or impression or defrauding of a
governmental entity or a person.
(11) Records concerning the work of the threat
assessment team of a school district.
(1.5) Any information exempt from disclosure under the
Judicial Privacy Act shall be redacted from public records prior
to disclosure under this Act.
(2) A public record that is not in the possession of a
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body, for
purposes of this Act.
(3) This Section does not authorize withholding of
information or limit the availability of records to the public,
except as stated in this Section or otherwise provided in this
Act.
(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; 101-
455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. 6-25-21;
102-558, eff. 8-20-21; 102-753, eff. 1-1-23. )
(Text of Section from P.A. 102-776)
Sec. 7. Exemptions.
(1) When a request is made to inspect or copy a public
record that contains information that is exempt from disclosure
under this Section, but also contains information that is not
exempt from disclosure, the public body may elect to redact the
information that is exempt. The public body shall make the
remaining information available for inspection and copying.
Subject to this requirement, the following shall be exempt from
inspection and copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and regulations
implementing federal or State law.
(b) Private information, unless disclosure is
required by another provision of this Act, a State or
federal law, or a court order.
(b-5) Files, documents, and other data or databases
maintained by one or more law enforcement agencies and
specifically designed to provide information to one or more
law enforcement agencies regarding the physical or mental
status of one or more individual subjects.
(c) Personal information contained within public
records, the disclosure of which would constitute a clearly
unwarranted invasion of personal privacy, unless the
disclosure is consented to in writing by the individual
subjects of the information. "Unwarranted invasion of
personal privacy" means the disclosure of information that
is highly personal or objectionable to a reasonable person
and in which the subject's right to privacy outweighs any
legitimate public interest in obtaining the information. The
disclosure of information that bears on the public duties of
public employees and officials shall not be considered an
invasion of personal privacy.
(d) Records in the possession of any public body
created in the course of administrative enforcement
proceedings, and any law enforcement or correctional agency
for law enforcement purposes, but only to the extent that
disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional agency
that is the recipient of the request;
(ii) interfere with active administrative
enforcement proceedings conducted by the public body
that is the recipient of the request;
(iii) create a substantial likelihood that a
person will be deprived of a fair trial or an impartial
hearing;
(iv) unavoidably disclose the identity of a
confidential source, confidential information furnished
only by the confidential source, or persons who file
complaints with or provide information to
administrative, investigative, law enforcement, or penal
agencies; except that the identities of witnesses to
traffic accidents, traffic accident reports, and rescue
reports shall be provided by agencies of local
government, except when disclosure would interfere with
an active criminal investigation conducted by the agency
that is the recipient of the request;
(v) disclose unique or specialized investigative
techniques other than those generally used and known or
disclose internal documents of correctional agencies
related to detection, observation or investigation of
incidents of crime or misconduct, and disclosure would
result in demonstrable harm to the agency or public body
that is the recipient of the request;
(vi) endanger the life or physical safety of law
enforcement personnel or any other person; or
(vii) obstruct an ongoing criminal investigation
by the agency that is the recipient of the request.
(d-5) A law enforcement record created for law
enforcement purposes and contained in a shared electronic
record management system if the law enforcement agency that
is the recipient of the request did not create the record,
did not participate in or have a role in any of the events
which are the subject of the record, and only has access to
the record through the shared electronic record management
system.
(d-6) Records contained in the Officer Professional
Conduct Database under Section 9.2 of the Illinois Police
Training Act, except to the extent authorized under that
Section. This includes the documents supplied to the
Illinois Law Enforcement Training Standards Board from the
Illinois State Police and Illinois State Police Merit Board.
(e) Records that relate to or affect the security of
correctional institutions and detention facilities.
(e-5) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials are available in the library of the correctional
institution or facility or jail where the inmate is
confined.
(e-6) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials include records from staff members' personnel
files, staff rosters, or other staffing assignment
information.
(e-7) Records requested by persons committed to the
Department of Corrections or Department of Human Services
Division of Mental Health if those materials are available
through an administrative request to the Department of
Corrections or Department of Human Services Division of
Mental Health.
(e-8) Records requested by a person committed to
the Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail, the disclosure
of which would result in the risk of harm to any person or
the risk of an escape from a jail or correctional
institution or facility.
(e-9) Records requested by a person in a county
jail or committed to the Department of Corrections or
Department of Human Services Division of Mental Health,
containing personal information pertaining to the person's
victim or the victim's family, including, but not limited
to, a victim's home address, home telephone number, work or
school address, work telephone number, social security
number, or any other identifying information, except as may
be relevant to a requester's current or potential case or
claim.
(e-10) Law enforcement records of other persons
requested by a person committed to the Department of
Corrections, Department of Human Services Division of Mental
Health, or a county jail, including, but not limited to,
arrest and booking records, mug shots, and crime scene
photographs, except as these records may be relevant to the
requester's current or potential case or claim.
(f) Preliminary drafts, notes, recommendations,
memoranda, and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record shall
not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those records
of officers and agencies of the General Assembly that
pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or commercial or financial information are
furnished under a claim that they are proprietary,
privileged, or confidential, and that disclosure of the
trade secrets or commercial or financial information would
cause competitive harm to the person or business, and only
insofar as the claim directly applies to the records
requested.
The information included under this exemption
includes all trade secrets and commercial or financial
information obtained by a public body, including a public
pension fund, from a private equity fund or a privately held
company within the investment portfolio of a private equity
fund as a result of either investing or evaluating a
potential investment of public funds in a private equity
fund. The exemption contained in this item does not apply to
the aggregate financial performance information of a private
equity fund, nor to the identity of the fund's managers or
general partners. The exemption contained in this item does
not apply to the identity of a privately held company within
the investment portfolio of a private equity fund, unless
the disclosure of the identity of a privately held company
may cause competitive harm.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting to
disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were disclosed
would frustrate procurement or give an advantage to any
person proposing to enter into a contractor agreement with
the body, until an award or final selection is made.
Information prepared by or for the body in preparation of a
bid solicitation shall be exempt until an award or final
selection is made.
(i) Valuable formulae, computer geographic systems,
designs, drawings and research data obtained or produced by
any public body when disclosure could reasonably be expected
to produce private gain or public loss. The exemption for
"computer geographic systems" provided in this paragraph (i)
does not extend to requests made by news media as defined in
Section 2 of this Act when the requested information is not
otherwise exempt and the only purpose of the request is to
access and disseminate information regarding the health,
safety, welfare, or legal rights of the general public.
(j) The following information pertaining to
educational matters:
(i) test questions, scoring keys, and other
examination data used to administer an academic
examination;
(ii) information received by a primary or
secondary school, college, or university under its
procedures for the evaluation of faculty members by
their academic peers;
(iii) information concerning a school or
university's adjudication of student disciplinary cases,
but only to the extent that disclosure would unavoidably
reveal the identity of the student; and
(iv) course materials or research materials used
by faculty members.
(k) Architects' plans, engineers' technical
submissions, and other construction related technical
documents for projects not constructed or developed in whole
or in part with public funds and the same for projects
constructed or developed with public funds, including, but
not limited to, power generating and distribution stations
and other transmission and distribution facilities, water
treatment facilities, airport facilities, sport stadiums,
convention centers, and all government owned, operated, or
occupied buildings, but only to the extent that disclosure
would compromise security.
(1) Minutes of meetings of public bodies closed to
the public as provided in the Open Meetings Act until the
public body makes the minutes available to the public under
Section 2.06 of the Open Meetings Act.
(m) Communications between a public body and an
attorney or auditor representing the public body that would
not be subject to discovery in litigation, and materials
prepared or compiled by or for a public body in anticipation
of a criminal, civil, or administrative proceeding upon the
request of an attorney advising the public body, and
materials prepared or compiled with respect to internal
audits of public bodies.
(n) Records relating to a public body's adjudication
of employee grievances or disciplinary cases; however, this
exemption shall not extend to the final outcome of cases in
which discipline is imposed.
(o) Administrative or technical information
associated with automated data processing operations,
including, but not limited to, software, operating
protocols, computer program abstracts, file layouts, source
listings, object modules, load modules, user guides,
documentation pertaining to all logical and physical design
of computerized systems, employee manuals, and any other
information that, if disclosed, would jeopardize the
security of the system or its data or the security of
materials exempt under this Section.
(p) Records relating to collective negotiating
matters between public bodies and their employees or
representatives, except that any final contract or agreement
shall be subject to inspection and copying.
(q) Test questions, scoring keys, and other
examination data used to determine the qualifications of an
applicant for a license or employment.
(r) The records, documents, and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding under
the Eminent Domain Act, records, documents, and information
relating to that parcel shall be exempt except as may be
allowed under discovery rules adopted by the Illinois
Supreme Court. The records, documents, and information
relating to a real estate sale shall be exempt until a sale
is consummated.
(s) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or pool.
Insurance or self insurance (including any intergovernmental
risk management association or self insurance pool) claims,
loss or risk management information, records, data, advice
or communications.
(t) Information contained in or related to
examination, operating, or condition reports prepared by, on
behalf of, or for the use of a public body responsible for
the regulation or supervision of financial institutions,
insurance companies, or pharmacy benefit managers, unless
disclosure is otherwise required by State law.
(u) Information that would disclose or might lead to
the disclosure of secret or confidential information, codes,
algorithms, programs, or private keys intended to be used to
create electronic signatures under the Uniform Electronic
Transactions Act.
(v) Vulnerability assessments, security measures, and
response policies or plans that are designed to identify,
prevent, or respond to potential attacks upon a community's
population or systems, facilities, or installations, the
destruction or contamination of which would constitute a
clear and present danger to the health or safety of the
community, but only to the extent that disclosure could
reasonably be expected to jeopardize the effectiveness of
the measures or the safety of the personnel who implement
them or the public. Information exempt under this item may
include such things as details pertaining to the
mobilization or deployment of personnel or equipment, to the
operation of communication systems or protocols, or to
tactical operations.
(w) (Blank) .
(x) Maps and other records regarding the location or
security of generation, transmission, distribution, storage,
gathering, treatment, or switching facilities owned by a
utility, by a power generator, or by the Illinois Power
Agency.
(y) Information contained in or related to proposals,
bids, or negotiations related to electric power procurement
under Section 1-75 of the Illinois Power Agency Act and
Section 16-111.5 of the Public Utilities Act that is
determined to be confidential and proprietary by the
Illinois Power Agency or by the Illinois Commerce
Commission.
(z) Information about students exempted from
disclosure under Sections 10-20.38 or 34-18.29 of the School
Code, and information about undergraduate students enrolled
at an institution of higher education exempted from
disclosure under Section 25 of the Illinois Credit Card
Marketing Act of 2009.
(aa) Information the disclosure of which is exempted
under the Viatical Settlements Act of 2009.
(bb) Records and information provided to a mortality
review team and records maintained by a mortality review
team appointed under the Department of Juvenile Justice
Mortality Review Team Act.
(cc) Information regarding interments, entombments,
or inurnments of human remains that are submitted to the
Cemetery Oversight Database under the Cemetery Care Act or
the Cemetery Oversight Act, whichever is applicable.
(dd) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid Code
or (ii) that pertain to appeals under Section 11-8 of the
Illinois Public Aid Code.
(ee) The names, addresses, or other personal
information of persons who are minors and are also
participants and registrants in programs of park districts,
forest preserve districts, conservation districts,
recreation agencies, and special recreation associations.
(ff) The names, addresses, or other personal
information of participants and registrants in programs of
park districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations where such programs are targeted primarily to
minors.
(gg) Confidential information described in Section
1-100 of the Illinois Independent Tax Tribunal Act of 2012.
(hh) The report submitted to the State Board of
Education by the School Security and Standards Task Force
under item (8) of subsection (d) of Section 2-3.160 of the
School Code and any information contained in that report.
(ii) Records requested by persons committed to or
detained by the Department of Human Services under the
Sexually Violent Persons Commitment Act or committed to the
Department of Corrections under the Sexually Dangerous
Persons Act if those materials: (i) are available in the
library of the facility where the individual is confined;
(ii) include records from staff members' personnel files,
staff rosters, or other staffing assignment information; or
(iii) are available through an administrative request to the
Department of Human Services or the Department of
Corrections.
(jj ) Confidential information described in Section
5-535 of the Civil Administrative Code of Illinois.
(kk) The public body's credit card numbers, debit
card numbers, bank account numbers, Federal Employer
Identification Number, security code numbers, passwords, and
similar account information, the disclosure of which could
result in identity theft or impression or defrauding of a
governmental entity or a person.
(11) Records concerning the work of the threat
assessment team of a school district.
(mm) Records described in subsection (f) of Section
3-5-1 of the Unified Code of Corrections.
(1.5) Any information exempt from disclosure under the
Judicial Privacy Act shall be redacted from public records prior
to disclosure under this Act.
(2) A public record that is not in the possession of a
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body, for
purposes of this Act.
(3) This Section does not authorize withholding of
information or limit the availability of records to the public,
except as stated in this Section or otherwise provided in this
Act.
(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; 101-
455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. 6-25-21;
102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-776, eff. 1-1-
23. )
(Text of Section from P.A. 102-791)
Sec. 7. Exemptions.
(1) When a request is made to inspect or copy a public
record that contains information that is exempt from disclosure
under this Section, but also contains information that is not
exempt from disclosure, the public body may elect to redact the
information that is exempt. The public body shall make the
remaining information available for inspection and copying.
Subject to this requirement, the following shall be exempt from
inspection and copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and regulations
implementing federal or State law.
(b) Private information, unless disclosure is
required by another provision of this Act, a State or
federal law, or a court order.
(b-5) Files, documents, and other data or databases
maintained by one or more law enforcement agencies and
specifically designed to provide information to one or more
law enforcement agencies regarding the physical or mental
status of one or more individual subjects.
(c) Personal information contained within public
records, the disclosure of which would constitute a clearly
unwarranted invasion of personal privacy, unless the
disclosure is consented to in writing by the individual
subjects of the information. "Unwarranted invasion of
personal privacy" means the disclosure of information that
is highly personal or objectionable to a reasonable person
and in which the subject's right to privacy outweighs any
legitimate public interest in obtaining the information. The
disclosure of information that bears on the public duties of
public employees and officials shall not be considered an
invasion of personal privacy.
(d) Records in the possession of any public body
created in the course of administrative enforcement
proceedings, and any law enforcement or correctional agency
for law enforcement purposes, but only to the extent that
disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional agency
that is the recipient of the request;
(ii) interfere with active administrative
enforcement proceedings conducted by the public body
that is the recipient of the request;
(iii) create a substantial likelihood that a
person will be deprived of a fair trial or an impartial
hearing;
(iv) unavoidably disclose the identity of a
confidential source, confidential information furnished
only by the confidential source, or persons who file
complaints with or provide information to
administrative, investigative, law enforcement, or penal
agencies; except that the identities of witnesses to
traffic accidents, traffic accident reports, and rescue
reports shall be provided by agencies of local
government, except when disclosure would interfere with
an active criminal investigation conducted by the agency
that is the recipient of the request;
(v) disclose unique or specialized investigative
techniques other than those generally used and known or
disclose internal documents of correctional agencies
related to detection, observation or investigation of
incidents of crime or misconduct, and disclosure would
result in demonstrable harm to the agency or public body
that is the recipient of the request;
(vi) endanger the life or physical safety of law
enforcement personnel or any other person; or
(vii) obstruct an ongoing criminal investigation
by the agency that is the recipient of the request.
(d-5) A law enforcement record created for law
enforcement purposes and contained in a shared electronic
record management system if the law enforcement agency that
is the recipient of the request did not create the record,
did not participate in or have a role in any of the events
which are the subject of the record, and only has access to
the record through the shared electronic record management
system.
(d-6) Records contained in the Officer Professional
Conduct Database under Section 9.2 of the Illinois Police
Training Act, except to the extent authorized under that
Section. This includes the documents supplied to the
Illinois Law Enforcement Training Standards Board from the
Illinois State Police and Illinois State Police Merit Board.
(e) Records that relate to or affect the security of
correctional institutions and detention facilities.
(e-5) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials are available in the library of the correctional
institution or facility or jail where the inmate is
confined.
(e-6) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials include records from staff members' personnel
files, staff rosters, or other staffing assignment
information.
(e-7) Records requested by persons committed to the
Department of Corrections or Department of Human Services
Division of Mental Health if those materials are available
through an administrative request to the Department of
Corrections or Department of Human Services Division of
Mental Health.
(e-8) Records requested by a person committed to
the Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail, the disclosure
of which would result in the risk of harm to any person or
the risk of an escape from a jail or correctional
institution or facility.
(e-9) Records requested by a person in a county
jail or committed to the Department of Corrections or
Department of Human Services Division of Mental Health,
containing personal information pertaining to the person's
victim or the victim's family, including, but not limited
to, a victim's home address, home telephone number, work or
school address, work telephone number, social security
number, or any other identifying information, except as may
be relevant to a requester's current or potential case or
claim.
(e-10) Law enforcement records of other persons
requested by a person committed to the Department of
Corrections, Department of Human Services Division of Mental
Health, or a county jail, including, but not limited to,
arrest and booking records, mug shots, and crime scene
photographs, except as these records may be relevant to the
requester's current or potential case or claim.
(f) Preliminary drafts, notes, recommendations,
memoranda, and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record shall
not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those records
of officers and agencies of the General Assembly that
pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or commercial or financial information are
furnished under a claim that they are proprietary,
privileged, or confidential, and that disclosure of the
trade secrets or commercial or financial information would
cause competitive harm to the person or business, and only
insofar as the claim directly applies to the records
requested.
The information included under this exemption
includes all trade secrets and commercial or financial
information obtained by a public body, including a public
pension fund, from a private equity fund or a privately held
company within the investment portfolio of a private equity
fund as a result of either investing or evaluating a
potential investment of public funds in a private equity
fund. The exemption contained in this item does not apply to
the aggregate financial performance information of a private
equity fund, nor to the identity of the fund's managers or
general partners. The exemption contained in this item does
not apply to the identity of a privately held company within
the investment portfolio of a private equity fund, unless
the disclosure of the identity of a privately held company
may cause competitive harm.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting to
disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were disclosed
would frustrate procurement or give an advantage to any
person proposing to enter into a contractor agreement with
the body, until an award or final selection is made.
Information prepared by or for the body in preparation of a
bid solicitation shall be exempt until an award or final
selection is made.
(i) Valuable formulae, computer geographic systems,
designs, drawings and research data obtained or produced by
any public body when disclosure could reasonably be expected
to produce private gain or public loss. The exemption for
"computer geographic systems" provided in this paragraph (i)
does not extend to requests made by news media as defined in
Section 2 of this Act when the requested information is not
otherwise exempt and the only purpose of the request is to
access and disseminate information regarding the health,
safety, welfare, or legal rights of the general public.
(j) The following information pertaining to
educational matters:
(i) test questions, scoring keys, and other
examination data used to administer an academic
examination;
(ii) information received by a primary or
secondary school, college, or university under its
procedures for the evaluation of faculty members by
their academic peers;
(iii) information concerning a school or
university's adjudication of student disciplinary cases,
but only to the extent that disclosure would unavoidably
reveal the identity of the student; and
(iv) course materials or research materials used
by faculty members.
(k) Architects' plans, engineers' technical
submissions, and other construction related technical
documents for projects not constructed or developed in whole
or in part with public funds and the same for projects
constructed or developed with public funds, including, but
not limited to, power generating and distribution stations
and other transmission and distribution facilities, water
treatment facilities, airport facilities, sport stadiums,
convention centers, and all government owned, operated, or
occupied buildings, but only to the extent that disclosure
would compromise security.
(1) Minutes of meetings of public bodies closed to
the public as provided in the Open Meetings Act until the
public body makes the minutes available to the public under
Section 2.06 of the Open Meetings Act.
(m) Communications between a public body and an
attorney or auditor representing the public body that would
not be subject to discovery in litigation, and materials
prepared or compiled by or for a public body in anticipation
of a criminal, civil, or administrative proceeding upon the
request of an attorney advising the public body, and
materials prepared or compiled with respect to internal
audits of public bodies.
(n) Records relating to a public body's adjudication
of employee grievances or disciplinary cases; however, this
exemption shall not extend to the final outcome of cases in
which discipline is imposed.
(o) Administrative or technical information
associated with automated data processing operations,
including, but not limited to, software, operating
protocols, computer program abstracts, file layouts, source
listings, object modules, load modules, user guides,
documentation pertaining to all logical and physical design
of computerized systems, employee manuals, and any other
information that, if disclosed, would jeopardize the
security of the system or its data or the security of
materials exempt under this Section.
(p) Records relating to collective negotiating
matters between public bodies and their employees or
representatives, except that any final contract or agreement
shall be subject to inspection and copying.
(q) Test questions, scoring keys, and other
examination data used to determine the qualifications of an
applicant for a license or employment.
(r) The records, documents, and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding under
the Eminent Domain Act, records, documents, and information
relating to that parcel shall be exempt except as may be
allowed under discovery rules adopted by the Illinois
Supreme Court. The records, documents, and information
relating to a real estate sale shall be exempt until a sale
is consummated.
(s) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or pool.
Insurance or self insurance (including any intergovernmental
risk management association or self insurance pool) claims,
loss or risk management information, records, data, advice
or communications.
(t) Information contained in or related to
examination, operating, or condition reports prepared by, on
behalf of, or for the use of a public body responsible for
the regulation or supervision of financial institutions,
insurance companies, or pharmacy benefit managers, unless
disclosure is otherwise required by State law.
(u) Information that would disclose or might lead to
the disclosure of secret or confidential information, codes,
algorithms, programs, or private keys intended to be used to
create electronic signatures under the Uniform Electronic
Transactions Act.
(v) Vulnerability assessments, security measures, and
response policies or plans that are designed to identify,
prevent, or respond to potential attacks upon a community's
population or systems, facilities, or installations, the
destruction or contamination of which would constitute a
clear and present danger to the health or safety of the
community, but only to the extent that disclosure could
reasonably be expected to jeopardize the effectiveness of
the measures or the safety of the personnel who implement
them or the public. Information exempt under this item may
include such things as details pertaining to the
mobilization or deployment of personnel or equipment, to the
operation of communication systems or protocols, or to
tactical operations.
(w) (Blank) .
(x) Maps and other records regarding the location or
security of generation, transmission, distribution, storage,
gathering, treatment, or switching facilities owned by a
utility, by a power generator, or by the Illinois Power
Agency.
(y) Information contained in or related to proposals,
bids, or negotiations related to electric power procurement
under Section 1-75 of the Illinois Power Agency Act and
Section 16-111.5 of the Public Utilities Act that is
determined to be confidential and proprietary by the
Illinois Power Agency or by the Illinois Commerce
Commission.
(z) Information about students exempted from
disclosure under Sections 10-20.38 or 34-18.29 of the School
Code, and information about undergraduate students enrolled
at an institution of higher education exempted from
disclosure under Section 25 of the Illinois Credit Card
Marketing Act of 2009.
(aa) Information the disclosure of which is exempted
under the Viatical Settlements Act of 2009.
(bb) Records and information provided to a mortality
review team and records maintained by a mortality review
team appointed under the Department of Juvenile Justice
Mortality Review Team Act.
(cc) Information regarding interments, entombments,
or inurnments of human remains that are submitted to the
Cemetery Oversight Database under the Cemetery Care Act or
the Cemetery Oversight Act, whichever is applicable.
(dd) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid Code
or (ii) that pertain to appeals under Section 11-8 of the
Illinois Public Aid Code.
(ee) The names, addresses, or other personal
information of persons who are minors and are also
participants and registrants in programs of park districts,
forest preserve districts, conservation districts,
recreation agencies, and special recreation associations.
(ff) The names, addresses, or other personal
information of participants and registrants in programs of
park districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations where such programs are targeted primarily to
minors.
(gg) Confidential information described in Section
1-100 of the Illinois Independent Tax Tribunal Act of 2012.
(hh) The report submitted to the State Board of
Education by the School Security and Standards Task Force
under item (8) of subsection (d) of Section 2-3.160 of the
School Code and any information contained in that report.
(ii) Records requested by persons committed to or
detained by the Department of Human Services under the
Sexually Violent Persons Commitment Act or committed to the
Department of Corrections under the Sexually Dangerous
Persons Act if those materials: (i) are available in the
library of the facility where the individual is confined;
(ii) include records from staff members' personnel files,
staff rosters, or other staffing assignment information; or
(iii) are available through an administrative request to the
Department of Human Services or the Department of
Corrections.
(jj ) Confidential information described in Section
5-535 of the Civil Administrative Code of Illinois.
(kk) The public body's credit card numbers, debit
card numbers, bank account numbers, Federal Employer
Identification Number, security code numbers, passwords, and
similar account information, the disclosure of which could
result in identity theft or impression or defrauding of a
governmental entity or a person.
(11) Records concerning the work of the threat
assessment team of a school district, including, but not
limited to, any threat assessment procedure under the School
Safety Drill Act and any information contained in the
procedure.
(1.5) Any information exempt from disclosure under the
Judicial Privacy Act shall be redacted from public records prior
to disclosure under this Act.
(2) A public record that is not in the possession of a
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body, for
purposes of this Act.
(3) This Section does not authorize withholding of
information or limit the availability of records to the public,
except as stated in this Section or otherwise provided in this
Act.
(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; 101-
455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. 6-25-21;
102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-791, eff. 5-13-
22. )
(Text of Section from P.A. 102-982)
Sec. 7. Exemptions.
(1) When a request is made to inspect or copy a public
record that contains information that is exempt from disclosure
under this Section, but also contains information that is not
exempt from disclosure, the public body may elect to redact the
information that is exempt. The public body shall make the
remaining information available for inspection and copying.
Subject to this requirement, the following shall be exempt from
inspection and copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and regulations
implementing federal or State law.
(b) Private information, unless disclosure is
required by another provision of this Act, a State or
federal law or a court order.
(b-5) Files, documents, and other data or databases
maintained by one or more law enforcement agencies and
specifically designed to provide information to one or more
law enforcement agencies regarding the physical or mental
status of one or more individual subjects.
(c) Personal information contained within public
records, the disclosure of which would constitute a clearly
unwarranted invasion of personal privacy, unless the
disclosure is consented to in writing by the individual
subjects of the information. "Unwarranted invasion of
personal privacy" means the disclosure of information that
is highly personal or objectionable to a reasonable person
and in which the subject's right to privacy outweighs any
legitimate public interest in obtaining the information. The
disclosure of information that bears on the public duties of
public employees and officials shall not be considered an
invasion of personal privacy.
(d) Records in the possession of any public body
created in the course of administrative enforcement
proceedings, and any law enforcement or correctional agency
for law enforcement purposes, but only to the extent that
disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional agency
that is the recipient of the request;
(ii) interfere with active administrative
enforcement proceedings conducted by the public body
that is the recipient of the request;
(iii) create a substantial likelihood that a
person will be deprived of a fair trial or an impartial
hearing;
(iv) unavoidably disclose the identity of a
confidential source, confidential information furnished
only by the confidential source, or persons who file
complaints with or provide information to
administrative, investigative, law enforcement, or penal
agencies; except that the identities of witnesses to
traffic crashes, traffic crash reports, and rescue
reports shall be provided by agencies of local
government, except when disclosure would interfere with
an active criminal investigation conducted by the agency
that is the recipient of the request;
(v) disclose unique or specialized investigative
techniques other than those generally used and known or
disclose internal documents of correctional agencies
related to detection, observation or investigation of
incidents of crime or misconduct, and disclosure would
result in demonstrable harm to the agency or public body
that is the recipient of the request;
(vi) endanger the life or physical safety of law
enforcement personnel or any other person; or
(vii) obstruct an ongoing criminal investigation
by the agency that is the recipient of the request.
(d-5) A law enforcement record created for law
enforcement purposes and contained in a shared electronic
record management system if the law enforcement agency that
is the recipient of the request did not create the record,
did not participate in or have a role in any of the events
which are the subject of the record, and only has access to
the record through the shared electronic record management
system.
(d-6) Records contained in the Officer Professional
Conduct Database under Section 9.2 of the Illinois Police
Training Act, except to the extent authorized under that
Section. This includes the documents supplied to the
Illinois Law Enforcement Training Standards Board from the
Illinois State Police and Illinois State Police Merit Board.
(e) Records that relate to or affect the security of
correctional institutions and detention facilities.
(e-5) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials are available in the library of the correctional
institution or facility or jail where the inmate is
confined.
(e-6) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials include records from staff members' personnel
files, staff rosters, or other staffing assignment
information.
(e-7) Records requested by persons committed to the
Department of Corrections or Department of Human Services
Division of Mental Health if those materials are available
through an administrative request to the Department of
Corrections or Department of Human Services Division of
Mental Health.
(e-8) Records requested by a person committed to
the Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail, the disclosure
of which would result in the risk of harm to any person or
the risk of an escape from a jail or correctional
institution or facility.
(e-9) Records requested by a person in a county
jail or committed to the Department of Corrections or
Department of Human Services Division of Mental Health,
containing personal information pertaining to the person's
victim or the victim's family, including, but not limited
to, a victim's home address, home telephone number, work or
school address, work telephone number, social security
number, or any other identifying information, except as may
be relevant to a requester's current or potential case or
claim.
(e-10) Law enforcement records of other persons
requested by a person committed to the Department of
Corrections, Department of Human Services Division of Mental
Health, or a county jail, including, but not limited to,
arrest and booking records, mug shots, and crime scene
photographs, except as these records may be relevant to the
requester's current or potential case or claim.
(f) Preliminary drafts, notes, recommendations,
memoranda and other records in which opinions are expressed,
or policies or actions are formulated, except that a
specific record or relevant portion of a record shall not be
exempt when the record is publicly cited and identified by
the head of the public body. The exemption provided in this
paragraph (f) extends to all those records of officers and
agencies of the General Assembly that pertain to the
preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or commercial or financial information are
furnished under a claim that they are proprietary,
privileged, or confidential, and that disclosure of the
trade secrets or commercial or financial information would
cause competitive harm to the person or business, and only
insofar as the claim directly applies to the records
requested.
The information included under this exemption
includes all trade secrets and commercial or financial
information obtained by a public body, including a public
pension fund, from a private equity fund or a privately held
company within the investment portfolio of a private equity
fund as a result of either investing or evaluating a
potential investment of public funds in a private equity
fund. The exemption contained in this item does not apply to
the aggregate financial performance information of a private
equity fund, nor to the identity of the fund's managers or
general partners. The exemption contained in this item does
not apply to the identity of a privately held company within
the investment portfolio of a private equity fund, unless
the disclosure of the identity of a privately held company
may cause competitive harm.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting to
disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were disclosed
would frustrate procurement or give an advantage to any
person proposing to enter into a contractor agreement with
the body, until an award or final selection is made.
Information prepared by or for the body in preparation of a
bid solicitation shall be exempt until an award or final
selection is made.
(i) Valuable formulae, computer geographic systems,
designs, drawings and research data obtained or produced by
any public body when disclosure could reasonably be expected
to produce private gain or public loss. The exemption for
"computer geographic systems" provided in this paragraph (i)
does not extend to requests made by news media as defined in
Section 2 of this Act when the requested information is not
otherwise exempt and the only purpose of the request is to
access and disseminate information regarding the health,
safety, welfare, or legal rights of the general public.
(j) The following information pertaining to
educational matters:
(i) test questions, scoring keys and other
examination data used to administer an academic
examination;
(ii) information received by a primary or
secondary school, college, or university under its
procedures for the evaluation of faculty members by
their academic peers;
(iii) information concerning a school or
university's adjudication of student disciplinary cases,
but only to the extent that disclosure would unavoidably
reveal the identity of the student; and
(iv) course materials or research materials used
by faculty members.
(k) Architects' plans, engineers' technical
submissions, and other construction related technical
documents for projects not constructed or developed in whole
or in part with public funds and the same for projects
constructed or developed with public funds, including, but
not limited to, power generating and distribution stations
and other transmission and distribution facilities, water
treatment facilities, airport facilities, sport stadiums,
convention centers, and all government owned, operated, or
occupied buildings, but only to the extent that disclosure
would compromise security.
(1) Minutes of meetings of public bodies closed to
the public as provided in the Open Meetings Act until the
public body makes the minutes available to the public under
Section 2.06 of the Open Meetings Act.
(m) Communications between a public body and an
attorney or auditor representing the public body that would
not be subject to discovery in litigation, and materials
prepared or compiled by or for a public body in anticipation
of a criminal, civil, or administrative proceeding upon the
request of an attorney advising the public body, and
materials prepared or compiled with respect to internal
audits of public bodies.
(n) Records relating to a public body's adjudication
of employee grievances or disciplinary cases; however, this
exemption shall not extend to the final outcome of cases in
which discipline is imposed.
(o) Administrative or technical information
associated with automated data processing operations,
including, but not limited to, software, operating
protocols, computer program abstracts, file layouts, source
listings, object modules, load modules, user guides,
documentation pertaining to all logical and physical design
of computerized systems, employee manuals, and any other
information that, if disclosed, would jeopardize the
security of the system or its data or the security of
materials exempt under this Section.
(p) Records relating to collective negotiating
matters between public bodies and their employees or
representatives, except that any final contract or agreement
shall be subject to inspection and copying.
(q) Test questions, scoring keys, and other
examination data used to determine the qualifications of an
applicant for a license or employment.
(r) The records, documents, and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding under
the Eminent Domain Act, records, documents, and information
relating to that parcel shall be exempt except as may be
allowed under discovery rules adopted by the Illinois
Supreme Court. The records, documents, and information
relating to a real estate sale shall be exempt until a sale
is consummated.
(s) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or pool.
Insurance or self insurance (including any intergovernmental
risk management association or self insurance pool) claims,
loss or risk management information, records, data, advice
or communications.
(t) Information contained in or related to
examination, operating, or condition reports prepared by, on
behalf of, or for the use of a public body responsible for
the regulation or supervision of financial institutions,
insurance companies, or pharmacy benefit managers, unless
disclosure is otherwise required by State law.
(u) Information that would disclose or might lead to
the disclosure of secret or confidential information, codes,
algorithms, programs, or private keys intended to be used to
create electronic signatures under the Uniform Electronic
Transactions Act.
(v) Vulnerability assessments, security measures, and
response policies or plans that are designed to identify,
prevent, or respond to potential attacks upon a community's
population or systems, facilities, or installations, the
destruction or contamination of which would constitute a
clear and present danger to the health or safety of the
community, but only to the extent that disclosure could
reasonably be expected to jeopardize the effectiveness of
the measures or the safety of the personnel who implement
them or the public. Information exempt under this item may
include such things as details pertaining to the
mobilization or deployment of personnel or equipment, to the
operation of communication systems or protocols, or to
tactical operations.
(w) (Blank) .
(x) Maps and other records regarding the location or
security of generation, transmission, distribution, storage,
gathering, treatment, or switching facilities owned by a
utility, by a power generator, or by the Illinois Power
Agency.
(y) Information contained in or related to proposals,
bids, or negotiations related to electric power procurement
under Section 1-75 of the Illinois Power Agency Act and
Section 16-111.5 of the Public Utilities Act that is
determined to be confidential and proprietary by the
Illinois Power Agency or by the Illinois Commerce
Commission.
(z) Information about students exempted from
disclosure under Sections 10-20.38 or 34-18.29 of the School
Code, and information about undergraduate students enrolled
at an institution of higher education exempted from
disclosure under Section 25 of the Illinois Credit Card
Marketing Act of 2009.
(aa) Information the disclosure of which is exempted
under the Viatical Settlements Act of 2009.
(bb) Records and information provided to a mortality
review team and records maintained by a mortality review
team appointed under the Department of Juvenile Justice
Mortality Review Team Act.
(cc) Information regarding interments, entombments,
or inurnments of human remains that are submitted to the
Cemetery Oversight Database under the Cemetery Care Act or
the Cemetery Oversight Act, whichever is applicable.
(dd) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid Code
or (ii) that pertain to appeals under Section 11-8 of the
Illinois Public Aid Code.
(ee) The names, addresses, or other personal
information of persons who are minors and are also
participants and registrants in programs of park districts,
forest preserve districts, conservation districts,
recreation agencies, and special recreation associations.
(ff) The names, addresses, or other personal
information of participants and registrants in programs of
park districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations where such programs are targeted primarily to
minors.
(gg) Confidential information described in Section
1-100 of the Illinois Independent Tax Tribunal Act of 2012.
(hh) The report submitted to the State Board of
Education by the School Security and Standards Task Force
under item (8) of subsection (d) of Section 2-3.160 of the
School Code and any information contained in that report.
(ii) Records requested by persons committed to or
detained by the Department of Human Services under the
Sexually Violent Persons Commitment Act or committed to the
Department of Corrections under the Sexually Dangerous
Persons Act if those materials: (i) are available in the
library of the facility where the individual is confined;
(ii) include records from staff members' personnel files,
staff rosters, or other staffing assignment information; or
(iii) are available through an administrative request to the
Department of Human Services or the Department of
Corrections.
(jj ) Confidential information described in Section
5-535 of the Civil Administrative Code of Illinois.
(kk) The public body's credit card numbers, debit
card numbers, bank account numbers, Federal Employer
Identification Number, security code numbers, passwords, and
similar account information, the disclosure of which could
result in identity theft or impression or defrauding of a
governmental entity or a person.
(11) Records concerning the work of the threat
assessment team of a school district.
(1.5) Any information exempt from disclosure under the
Judicial Privacy Act shall be redacted from public records prior
to disclosure under this Act.
(2) A public record that is not in the possession of a
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body, for
purposes of this Act.
(3) This Section does not authorize withholding of
information or limit the availability of records to the public,
except as stated in this Section or otherwise provided in this
Act.
(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; 101-
455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. 6-25-21;
102-558, eff. 8-20-21; 102-982, eff. 7-1-23. )
(Text of Section from P.A. 102-1055)
Sec. 7. Exemptions.
(1) When a request is made to inspect or copy a public
record that contains information that is exempt from disclosure
under this Section, but also contains information that is not
exempt from disclosure, the public body may elect to redact the
information that is exempt. The public body shall make the
remaining information available for inspection and copying.
Subject to this requirement, the following shall be exempt from
inspection and copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and regulations
implementing federal or State law.
(b) Private information, unless disclosure is
required by another provision of this Act, a State or
federal law or a court order.
(b-5) Files, documents, and other data or databases
maintained by one or more law enforcement agencies and
specifically designed to provide information to one or more
law enforcement agencies regarding the physical or mental
status of one or more individual subjects.
(c) Personal information contained within public
records, the disclosure of which would constitute a clearly
unwarranted invasion of personal privacy, unless the
disclosure is consented to in writing by the individual
subjects of the information. "Unwarranted invasion of
personal privacy" means the disclosure of information that
is highly personal or objectionable to a reasonable person
and in which the subject's right to privacy outweighs any
legitimate public interest in obtaining the information. The
disclosure of information that bears on the public duties of
public employees and officials shall not be considered an
invasion of personal privacy.
(d) Records in the possession of any public body
created in the course of administrative enforcement
proceedings, and any law enforcement or correctional agency
for law enforcement purposes, but only to the extent that
disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional agency
that is the recipient of the request;
(ii) interfere with active administrative
enforcement proceedings conducted by the public body
that is the recipient of the request;
(iii) create a substantial likelihood that a
person will be deprived of a fair trial or an impartial
hearing;
(iv) unavoidably disclose the identity of a
confidential source, confidential information furnished
only by the confidential source, or persons who file
complaints with or provide information to
administrative, investigative, law enforcement, or penal
agencies; except that the identities of witnesses to
traffic accidents, traffic accident reports, and rescue
reports shall be provided by agencies of local
government, except when disclosure would interfere with
an active criminal investigation conducted by the agency
that is the recipient of the request;
(v) disclose unique or specialized investigative
techniques other than those generally used and known or
disclose internal documents of correctional agencies
related to detection, observation or investigation of
incidents of crime or misconduct, and disclosure would
result in demonstrable harm to the agency or public body
that is the recipient of the request;
(vi) endanger the life or physical safety of law
enforcement personnel or any other person; or
(vii) obstruct an ongoing criminal investigation
by the agency that is the recipient of the request.
(d-5) A law enforcement record created for law
enforcement purposes and contained in a shared electronic
record management system if the law enforcement agency that
is the recipient of the request did not create the record,
did not participate in or have a role in any of the events
which are the subject of the record, and only has access to
the record through the shared electronic record management
system.
(d-6) Records contained in the Officer Professional
Conduct Database under Section 9.2 of the Illinois Police
Training Act, except to the extent authorized under that
Section. This includes the documents supplied to the
Illinois Law Enforcement Training Standards Board from the
Illinois State Police and Illinois State Police Merit Board.
(e) Records that relate to or affect the security of
correctional institutions and detention facilities.
(e-5) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials are available in the library of the correctional
institution or facility or jail where the inmate is
confined.
(e-6) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials include records from staff members' personnel
files, staff rosters, or other staffing assignment
information.
(e-7) Records requested by persons committed to the
Department of Corrections or Department of Human Services
Division of Mental Health if those materials are available
through an administrative request to the Department of
Corrections or Department of Human Services Division of
Mental Health.
(e-8) Records requested by a person committed to
the Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail, the disclosure
of which would result in the risk of harm to any person or
the risk of an escape from a jail or correctional
institution or facility.
(e-9) Records requested by a person in a county
jail or committed to the Department of Corrections or
Department of Human Services Division of Mental Health,
containing personal information pertaining to the person's
victim or the victim's family, including, but not limited
to, a victim's home address, home telephone number, work or
school address, work telephone number, social security
number, or any other identifying information, except as may
be relevant to a requester's current or potential case or
claim.
(e-10) Law enforcement records of other persons
requested by a person committed to the Department of
Corrections, Department of Human Services Division of Mental
Health, or a county jail, including, but not limited to,
arrest and booking records, mug shots, and crime scene
photographs, except as these records may be relevant to the
requester's current or potential case or claim.
(f) Preliminary drafts, notes, recommendations,
memoranda and other records in which opinions are expressed,
or policies or actions are formulated, except that a
specific record or relevant portion of a record shall not be
exempt when the record is publicly cited and identified by
the head of the public body. The exemption provided in this
paragraph (f) extends to all those records of officers and
agencies of the General Assembly that pertain to the
preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or commercial or financial information are
furnished under a claim that they are proprietary,
privileged, or confidential, and that disclosure of the
trade secrets or commercial or financial information would
cause competitive harm to the person or business, and only
insofar as the claim directly applies to the records
requested.
The information included under this exemption
includes all trade secrets and commercial or financial
information obtained by a public body, including a public
pension fund, from a private equity fund or a privately held
company within the investment portfolio of a private equity
fund as a result of either investing or evaluating a
potential investment of public funds in a private equity
fund. The exemption contained in this item does not apply to
the aggregate financial performance information of a private
equity fund, nor to the identity of the fund's managers or
general partners. The exemption contained in this item does
not apply to the identity of a privately held company within
the investment portfolio of a private equity fund, unless
the disclosure of the identity of a privately held company
may cause competitive harm.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting to
disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were disclosed
would frustrate procurement or give an advantage to any
person proposing to enter into a contractor agreement with
the body, until an award or final selection is made.
Information prepared by or for the body in preparation of a
bid solicitation shall be exempt until an award or final
selection is made.
(i) Valuable formulae, computer geographic systems,
designs, drawings and research data obtained or produced by
any public body when disclosure could reasonably be expected
to produce private gain or public loss. The exemption for
"computer geographic systems" provided in this paragraph (i)
does not extend to requests made by news media as defined in
Section 2 of this Act when the requested information is not
otherwise exempt and the only purpose of the request is to
access and disseminate information regarding the health,
safety, welfare, or legal rights of the general public.
(j) The following information pertaining to
educational matters:
(i) test questions, scoring keys and other
examination data used to administer an academic
examination;
(ii) information received by a primary or
secondary school, college, or university under its
procedures for the evaluation of faculty members by
their academic peers;
(iii) information concerning a school or
university's adjudication of student disciplinary cases,
but only to the extent that disclosure would unavoidably
reveal the identity of the student; and
(iv) course materials or research materials used
by faculty members.
(k) Architects' plans, engineers' technical
submissions, and other construction related technical
documents for projects not constructed or developed in whole
or in part with public funds and the same for projects
constructed or developed with public funds, including, but
not limited to, power generating and distribution stations
and other transmission and distribution facilities, water
treatment facilities, airport facilities, sport stadiums,
convention centers, and all government owned, operated, or
occupied buildings, but only to the extent that disclosure
would compromise security.
(1) Minutes of meetings of public bodies closed to
the public as provided in the Open Meetings Act until the
public body makes the minutes available to the public under
Section 2.06 of the Open Meetings Act.
(m) Communications between a public body and an
attorney or auditor representing the public body that would
not be subject to discovery in litigation, and materials
prepared or compiled by or for a public body in anticipation
of a criminal, civil, or administrative proceeding upon the
request of an attorney advising the public body, and
materials prepared or compiled with respect to internal
audits of public bodies.
(n) Records relating to a public body's adjudication
of employee grievances or disciplinary cases; however, this
exemption shall not extend to the final outcome of cases in
which discipline is imposed.
(o) Administrative or technical information
associated with automated data processing operations,
including, but not limited to, software, operating
protocols, computer program abstracts, file layouts, source
listings, object modules, load modules, user guides,
documentation pertaining to all logical and physical design
of computerized systems, employee manuals, and any other
information that, if disclosed, would jeopardize the
security of the system or its data or the security of
materials exempt under this Section.
(p) Records relating to collective negotiating
matters between public bodies and their employees or
representatives, except that any final contract or agreement
shall be subject to inspection and copying.
(q) Test questions, scoring keys, and other
examination data used to determine the qualifications of an
applicant for a license or employment.
(r) The records, documents, and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding under
the Eminent Domain Act, records, documents, and information
relating to that parcel shall be exempt except as may be
allowed under discovery rules adopted by the Illinois
Supreme Court. The records, documents, and information
relating to a real estate sale shall be exempt until a sale
is consummated.
(s) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or pool.
Insurance or self insurance (including any intergovernmental
risk management association or self insurance pool) claims,
loss or risk management information, records, data, advice
or communications.
(t) Information contained in or related to
examination, operating, or condition reports prepared by, on
behalf of, or for the use of a public body responsible for
the regulation or supervision of financial institutions,
insurance companies, or pharmacy benefit managers, unless
disclosure is otherwise required by State law.
(u) Information that would disclose or might lead to
the disclosure of secret or confidential information, codes,
algorithms, programs, or private keys intended to be used to
create electronic signatures under the Uniform Electronic
Transactions Act.
(v) Vulnerability assessments, security measures, and
response policies or plans that are designed to identify,
prevent, or respond to potential attacks upon a community's
population or systems, facilities, or installations, the
destruction or contamination of which would constitute a
clear and present danger to the health or safety of the
community, but only to the extent that disclosure could
reasonably be expected to jeopardize the effectiveness of
the measures or the safety of the personnel who implement
them or the public. Information exempt under this item may
include such things as details pertaining to the
mobilization or deployment of personnel or equipment, to the
operation of communication systems or protocols, or to
tactical operations.
(w) (Blank) .
(x) Maps and other records regarding the location or
security of generation, transmission, distribution, storage,
gathering, treatment, or switching facilities owned by a
utility, by a power generator, or by the Illinois Power
Agency.
(y) Information contained in or related to proposals,
bids, or negotiations related to electric power procurement
under Section 1-75 of the Illinois Power Agency Act and
Section 16-111.5 of the Public Utilities Act that is
determined to be confidential and proprietary by the
Illinois Power Agency or by the Illinois Commerce
Commission.
(z) Information about students exempted from
disclosure under Sections 10-20.38 or 34-18.29 of the School
Code, and information about undergraduate students enrolled
at an institution of higher education exempted from
disclosure under Section 25 of the Illinois Credit Card
Marketing Act of 2009.
(aa) Information the disclosure of which is exempted
under the Viatical Settlements Act of 2009.
(bb) Records and information provided to a mortality
review team and records maintained by a mortality review
team appointed under the Department of Juvenile Justice
Mortality Review Team Act.
(cc) Information regarding interments, entombments,
or inurnments of human remains that are submitted to the
Cemetery Oversight Database under the Cemetery Care Act or
the Cemetery Oversight Act, whichever is applicable.
(dd) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid Code
or (ii) that pertain to appeals under Section 11-8 of the
Illinois Public Aid Code.
(ee) The names, addresses, or other personal
information of persons who are minors and are also
participants and registrants in programs of park districts,
forest preserve districts, conservation districts,
recreation agencies, and special recreation associations.
(ff) The names, addresses, or other personal
information of participants and registrants in programs of
park districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations where such programs are targeted primarily to
minors.
(gg) Confidential information described in Section
1-100 of the Illinois Independent Tax Tribunal Act of 2012.
(hh) The report submitted to the State Board of
Education by the School Security and Standards Task Force
under item (8) of subsection (d) of Section 2-3.160 of the
School Code and any information contained in that report.
(ii) Records requested by persons committed to or
detained by the Department of Human Services under the
Sexually Violent Persons Commitment Act or committed to the
Department of Corrections under the Sexually Dangerous
Persons Act if those materials: (i) are available in the
library of the facility where the individual is confined;
(ii) include records from staff members' personnel files,
staff rosters, or other staffing assignment information; or
(iii) are available through an administrative request to the
Department of Human Services or the Department of
Corrections.
(jj ) Confidential information described in Section
5-535 of the Civil Administrative Code of Illinois.
(kk) The public body's credit card numbers, debit
card numbers, bank account numbers, Federal Employer
Identification Number, security code numbers, passwords, and
similar account information, the disclosure of which could
result in identity theft or impression or defrauding of a
governmental entity or a person.
(11) Records concerning the work of the threat
assessment team of a school district.
(mm) Proprietary information submitted to the
Environmental Protection Agency under the Drug Take-Back
Act.
(1.5) Any information exempt from disclosure under the
Judicial Privacy Act shall be redacted from public records prior
to disclosure under this Act.
(2) A public record that is not in the possession of a
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body, for
purposes of this Act.
(3) This Section does not authorize withholding of
information or limit the availability of records to the public,
except as stated in this Section or otherwise provided in this
Act.
(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; 101-
455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. 6-25-21;
102-558, eff. 8-20-21; 102-1055, eff. 6-10-22. )
(5 ILCS 140/7.1)
Sec. 7. 1. (Repealed) .
(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 96-542,
eff. 1-1-10 and by P.A. 101-652, eff. 1-1-22. )
(5 ILCS 140/7.5)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other records
prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating to
known or suspected cases of sexually transmissible disease
or any information the disclosure of which is restricted
under the Illinois Sexually Transmissible Disease Control
Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or obtained
by an Executive Inspector General's office under that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a local
emergency energy plan ordinance that is adopted under
Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers under
the Emergency Telephone System Act.
(k) Law enforcement officer identification
information or driver identification information compiled by
a law enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(1) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification
of compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the Capital
Crimes Litigation Act. This subsection (n) shall apply until
the conclusion of the trial of the case, even if the
prosecution chooses not to pursue the death penalty prior to
trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Department of Transportation under Sections 2705-300 and
2705-616 of the Department of Transportation Law of the
Civil Administrative Code of Illinois, the Regional
Transportation Authority under Section 2.11 of the Regional
Transportation Authority Act, or the St. Clair County
Transit District under the Bi-State Transit Safety Act.
(q) Information prohibited from being disclosed by
the Personnel Record Review Act.
(r) Information prohibited from being disclosed by
the Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained in,
stored in, submitted to, transferred by, or released from
the Illinois Health Information Exchange, and identified or
deidentified health information in the form of health data
and medical records of the Illinois Health Information
Exchange in the possession of the Illinois Health
Information Exchange Office due to its administration of the
Illinois Health Information Exchange. The terms "identified"
and "deidentified" shall be given the same meaning as in the
Health Insurance Portability and Accountability Act of 1996,
Public Law 104-191, or any subsequent amendments thereto,
and any regulations promulgated thereunder.
(u) Records and information provided to an
independent team of experts under the Developmental
Disability and Mental Health Safety Act (also known as
Brian's Law) .
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for or
received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the Firearm
Concealed Carry Act, records of the Concealed Carry
Licensing Review Board under the Firearm Concealed Carry
Act, and law enforcement agency objections under the Firearm
Concealed Carry Act.
(v-5) Records of the Firearm Owner's Identification
Card Review Board that are exempted from disclosure under
Section 10 of the Firearm Owners Identification Card Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19. 1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section 8-11-
21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of an
eligible adult maintained in the Registry established under
Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30. 1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj ) Information and reports that are required to be
submitted to the Department of Labor by registering day and
temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(11) Information the disclosure of which is
restricted and exempted under Section 5-30.8 of the Illinois
Public Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session prohibited
from disclosure under the First Responders Suicide
Prevention Act.
(pp) Names and all identifying information relating
to an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department
of Public Health and its authorized representatives
collected under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department
of Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16. 8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the Illinois
Insurance Code.
(yy) Information prohibited from being disclosed
under the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed
under the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(bbb) Information that is prohibited from disclosure
by the Illinois Police Training Act and the Illinois State
Police Act.
(ccc) Records exempt from disclosure under Section
2605-304 of the Illinois State Police Law of the Civil
Administrative Code of Illinois.
(ddd) Information prohibited from being disclosed
under Section 35 of the Address Confidentiality for Victims
of Domestic Violence, Sexual Assault, Human Trafficking, or
Stalking Act.
(eee) Information prohibited from being disclosed
under subsection (b) of Section 75 of the Domestic Violence
Fatality Review Act.
(fff) Images from cameras under the Expressway
Camera Act. This subsection (fff) is inoperative on and
after July 1, 2023.
(ggg) Information prohibited from disclosure under
paragraph (3) of subsection (a) of Section 14 of the Nurse
Agency Licensing Act.
(hhh) Information submitted to the Department of
State Police in an affidavit or application for an assault
weapon endorsement, assault weapon attachment endorsement,
.50 caliber rifle endorsement, or .50 caliber cartridge
endorsement under the Firearm Owners Identification Card
Act.
(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; 101-
81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. 1-1-20;
101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, eff. 1-1-
20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; 101-620, eff
12-20-19; 101-649, eff. 7-7-20; 101-652, eff. 1-1-22; 101-656,
eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 102-
292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 8-20-21;
102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 102-1042, eff. 6-3-
22; 102-1116, eff. 1-10-23. )
(5 ILCS 140/7.6)
Sec. 7. 6. (Repealed) .
(Source: P.A. 100-555, eff. 11-16-17. Repealed by P.A. 100-731,
eff. 1-1-19. )
(5 ILCS 140/8)
Sec. 8. (Repealed) .
(Source: P.A. 85-1357. Repealed by P.A. 96-542, eff. 1-1-10. )
(5 ILCS 140/8.5)
Sec. 8.5. Records maintained online.
(a) Notwithstanding any provision of this Act to the
contrary, a public body is not required to copy a public record
that is published on the public body's website. The public body
shall notify the requester that the public record is available
online and direct the requester to the website where the record
can be reasonably accessed.
(b) If the person requesting the public record is unable to
reasonably access the record online after being directed to the
website pursuant to subsection (a) of this Section, the
requester may re-submit his or her request for the record
stating his or her inability to reasonably access the record
online, and the public body shall make the requested record
available for inspection or copying as provided in Section 3 of
this Act.
(Source: P.A. 98-1129, eff. 12-3-14. )
(5 ILCS 140/9) (from Ch. 116, par. 209)
Sec. 9. (a) Each public body denying a request for public
records shall notify the requester in writing of the decision to
deny the request, the reasons for the denial, including a
detailed factual basis for the application of any exemption
claimed, and the names and titles or positions of each person
responsible for the denial. Each notice of denial by a public
body shall also inform such person of the right to review by the
Public Access Counselor and provide the address and phone number
for the Public Access Counselor. Each notice of denial shall
inform such person of his right to judicial review under Section
11 of this Act.
(b) When a request for public records is denied on the
grounds that the records are exempt under Section 7 of this Act,
the notice of denial shall specify the exemption claimed to
authorize the denial and the specific reasons for the denial,
including a detailed factual basis and a citation to supporting
legal authority. Copies of all notices of denial shall be
retained by each public body in a single central office file
that is open to the public and indexed according to the type of
exemption asserted and, to the extent feasible, according to the
types of records requested.
(c) Any person making a request for public records shall be
deemed to have exhausted his or her administrative remedies with
respect to that request if the public body fails to act within
the time periods provided in Section 3 of this Act.
(Source: P.A. 96-542, eff. 1-1-10. )
(5 ILCS 140/9.5)
Sec. 9.5. Public Access Counselor; opinions.
(a) A person whose request to inspect or copy a public
record is denied by a public body, except the General Assembly
and committees, commissions, and agencies thereof, may file a
request for review with the Public Access Counselor established
in the Office of the Attorney General not later than 60 days
after the date of the final denial. The request for review must
be in writing, signed by the requester, and include (i) a copy
of the request for access to records and (ii) any responses from
the public body.
(b) A person whose request to inspect or copy a public
record is made for a commercial purpose as defined in subsection
(c-10) of Section 2 of this Act may not file a request for
review with the Public Access Counselor. A person whose request
to inspect or copy a public record was treated by the public
body as a request for a commercial purpose under Section 3.1 of
this Act may file a request for review with the Public Access
Counselor for the limited purpose of reviewing whether the
public body properly determined that the request was made for a
commercial purpose.
(b-5) A person whose request to inspect or copy a public
record was treated by a public body, except the General Assembly
and committees, commissions, and agencies thereof, as a
voluminous request under Section 3. 6 of this Act may file a
request for review with the Public Access Counselor for the
purpose of reviewing whether the public body properly determined
that the request was a voluminous request.
(c) Upon receipt of a request for review, the Public Access
Counselor shall determine whether further action is warranted.
If the Public Access Counselor determines that the alleged
violation is unfounded, he or she shall so advise the requester
and the public body and no further action shall be undertaken.
In all other cases, the Public Access Counselor shall forward a
copy of the request for review to the public body within 7
business days after receipt and shall specify the records or
other documents that the public body shall furnish to facilitate
the review. Within 7 business days after receipt of the request
for review, the public body shall provide copies of records
requested and shall otherwise fully cooperate with the Public
Access Counselor. If a public body fails to furnish specified
records pursuant to this Section, or if otherwise necessary, the
Attorney General may issue a subpoena to any person or public
body having knowledge of or records pertaining to a request for
review of a denial of access to records under the Act. To the
extent that records or documents produced by a public body
contain information that is claimed to be exempt from disclosure
under Section 7 of this Act, the Public Access Counselor shall
not further disclose that information.
(d) Within 7 business days after it receives a copy of a
request for review and request for production of records from
the Public Access Counselor, the public body may, but is not
required to, answer the allegations of the request for review.
The answer may take the form of a letter, brief, or memorandum.
The Public Access Counselor shall forward a copy of the answer
to the person submitting the request for review, with any
alleged confidential information to which the request pertains
redacted from the copy. The requester may, but is not required
to, respond in writing to the answer within 7 business days and
shall provide a copy of the response to the public body.
(e) In addition to the request for review, and the answer
and the response thereto, if any, a requester or a public body
may furnish affidavits or records concerning any matter germane
to the review.
(f) Unless the Public Access Counselor extends the time by
no more than 30 business days by sending written notice to the
requester and the public body that includes a statement of the
reasons for the extension in the notice, or decides to address
the matter without the issuance of a binding opinion, the
Attorney General shall examine the issues and the records, shall
make findings of fact and conclusions of law, and shall issue to
the requester and the public body an opinion in response to the
request for review within 60 days after its receipt. The opinion
shall be binding upon both the requester and the public body,
subject to administrative review under Section 11.5.
In responding to any request under this Section 9.5, the
Attorney General may exercise his or her discretion and choose
to resolve a request for review by mediation or by a means other
than the issuance of a binding opinion. The decision not to
issue a binding opinion shall not be reviewable.
Upon receipt of a binding opinion concluding that a
violation of this Act has occurred, the public body shall either
take necessary action immediately to comply with the directive
of the opinion or shall initiate administrative review under
Section 11.5. If the opinion concludes that no violation of the
Act has occurred, the requester may initiate administrative
review under Section 11.5.
A public body that discloses records in accordance with an
opinion of the Attorney General is immune from all liabilities
by reason thereof and shall not be liable for penalties under
this Act.
(g) If the requester files suit under Section 11 with
respect to the same denial that is the subject of a pending
request for review, the requester shall notify the Public Access
Counselor, and the Public Access Counselor shall take no further
action with respect to the request for review and shall so
notify the public body.
(h) The Attorney General may also issue advisory opinions to
public bodies regarding compliance with this Act. A review may
be initiated upon receipt of a written request from the head of
the public body or its attorney, which shall contain sufficient
accurate facts from which a determination can be made. The
Public Access Counselor may request additional information from
the public body in order to assist in the review. A public body
that relies in good faith on an advisory opinion of the Attorney
General in responding to a request is not liable for penalties
under this Act, so long as the facts upon which the opinion is
based have been fully and fairly disclosed to the Public Access
Counselor.
(Source: P.A. 97-579, eff. 8-26-11; 98-1129, eff. 12-3-14. )
(5 ILCS 140/10)
Sec. 10. (Repealed) .
(Source: P.A. 83-1013. Repealed by P.A. 96-542, eff. 1-1-10. )
(5 ILCS 140/11) (from Ch. 116, par. 211)
Sec. 11. (a) Any person denied access to inspect or copy any
public record by a public body may file suit for injunctive or
declaratory relief.
(a-5) In accordance with Section 11.6 of this Act, a
requester may file an action to enforce a binding opinion issued
under Section 9.5 of this Act.
(b) Where the denial is from a public body of the State,
suit may be filed in the circuit court for the county where the
public body has its principal office or where the person denied
access resides.
(c) Where the denial is from a municipality or other public
body, except as provided in subsection (b) of this Section, suit
may be filed in the circuit court for the county where the
public body is located.
(d) The circuit court shall have the jurisdiction to enjoin
the public body from withholding public records and to order the
production of any public records improperly withheld from the
person seeking access. If the public body can show that
exceptional circumstances exist, and that the body is exercising
due diligence in responding to the request, the court may retain
jurisdiction and allow the agency additional time to complete
its review of the records.
(e) On motion of the plaintiff, prior to or after in camera
inspection, the court shall order the public body to provide an
index of the records to which access has been denied. The index
shall include the following:
(i) A description of the nature or contents of each
document withheld, or each deletion from a released
document, provided, however, that the public body shall not
be required to disclose the information which it asserts is
exempt; and
(ii) A statement of the exemption or exemptions
claimed for each such deletion or withheld document.
(f) In any action considered by the court, the court shall
consider the matter de novo, and shall conduct such in camera
examination of the requested records as it finds appropriate to
determine if such records or any part thereof may be withheld
under any provision of this Act. The burden shall be on the
public body to establish that its refusal to permit public
inspection or copying is in accordance with the provisions of
this Act. Any public body that asserts that a record is exempt
from disclosure has the burden of proving that it is exempt by
clear and convincing evidence.
(g) In the event of noncompliance with an order of the court
to disclose, the court may enforce its order against any public
official or employee so ordered or primarily responsible for
such noncompliance through the court's contempt powers.
(h) Except as to causes the court considers to be of greater
importance, proceedings arising under this Section shall take
precedence on the docket over all other causes and be assigned
for hearing and trial at the earliest practicable date and
expedited in every way.
(i) If a person seeking the right to inspect or receive a
copy of a public record prevails in a proceeding under this
Section, the court shall award such person reasonable attorney's
fees and costs. In determining what amount of attorney's fees is
reasonable, the court shall consider the degree to which the
relief obtained relates to the relief sought. The changes
contained in this subsection apply to an action filed on or
after January 1, 2010 (the effective date of Public Act 96-542) .
(j) If the court determines that a public body willfully and
intentionally failed to comply with this Act, or otherwise acted
in bad faith, the court shall also impose upon the public body a
civil penalty of not less than $2, 500 nor more than $5, 000 for
each occurrence. In assessing the civil penalty, the court shall
consider in aggravation or mitigation the budget of the public
body and whether the public body has previously been assessed
penalties for violations of this Act. The court may impose an
additional penalty of up to $1, 000 for each day the violation
continues if:
(1) the public body fails to comply with the court's
order after 30 days;
(2) the court's order is not on appeal or stayed; and
(3) the court does not grant the public body
additional time to comply with the court's order to disclose
public records.
The changes contained in this subsection made by Public Act
96-542 apply to an action filed on or after January 1, 2010 (the
effective date of Public Act 96-542) .
(k) The changes to this Section made by this amendatory Act
of the 99th General Assembly apply to actions filed on or after
the effective date of this amendatory Act of the 99th General
Assembly.
(Source: P.A. 99-586, eff. 1-1-17; 99-642, eff. 7-28-16. )
(5 ILCS 140/11.5)
Sec. 11.5. Administrative review. A binding opinion issued
by the Attorney General shall be considered a final decision of
an administrative agency, for purposes of administrative review
under the Administrative Review Law (735 ILCS 5/Art. III) . An
action for administrative review of a binding opinion of the
Attorney General shall be commenced in Cook or Sangamon County.
An advisory opinion issued to a public body shall not be
considered a final decision of the Attorney General for purposes
of this Section.
(Source: P.A. 96-542, eff. 1-1-10. )
(5 ILCS 140/11. 6)
Sec. 11.6. Noncompliance with binding opinion.
(a) The requester may file an action under Section 11 and
there shall be a rebuttable presumption that the public body
willfully and intentionally failed to comply with this Act for
purposes of subsection (j) of Section 11 if:
(1) the Attorney General issues a binding opinion
pursuant to Section 9.5;
(2) the public body does not file for administrative
review of the binding opinion within 35 days after the
binding opinion is served on the public body; and
(3) the public body does not comply with the binding
opinion within 35 days after the binding opinion is served
on the public body.
For purposes of this subsection (a) , service of the binding
opinion shall be by personal delivery or by depositing the
opinion in the United States mail as provided in Section 3-103
of the Code of Civil Procedure.
(b) The presumption in subsection (a) may be rebutted by the
public body showing that it is making a good faith effort to
comply with the binding opinion, but compliance was not possible
within the 35-day time frame.
(c) This Section applies to binding opinions of the Attorney
General requested or issued on or after the effective date of
this amendatory Act of the 99th General Assembly.
(Source: P.A. 99-586, eff. 1-1-17. )