Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1101 - ACCESS TO RECORDS OF THE DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES › Subpart A - INTRODUCTION › Section 1101.105 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Terms not defined in this Section shall have the same meaning
				  as in the Freedom of Information Act [5 ILCS 140]. The following definitions
				  are applicable for purposes of this Part:
"Act" means the Department of Healthcare and Family Services
				  Law [20 ILCS 2205].
"Agency" means the Department of Healthcare and Family
				  Services, as established by the Act.
"Commercial purpose" means the use of any part of a
				  record or records, or information derived from 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:
to access and disseminate information concerning news
				  and current or passing events;
for articles or opinion or features of interest to
				  the public; or
for the purpose of academic, scientific, or public
				  research or education.
(Section 2(c-10) of FOIA)
"Copying" means the reproduction of any record by
				  means of any photographic, electronic, mechanical, or other process, device or
				  means now known or hereafter developed and available to the Agency.
(Section 2(d) of FOIA)
"Director" means the Director of the Agency.
"FOIA" means the Freedom of Information Act [5 ILCS
				  140].
"Freedom of Information Officer" or "FOI Officer" means an
				  individual or individuals responsible for receiving and responding to requests
				  for public records.
"News media" means a newspaper or other periodical
				  issued at regular intervals, whether in print or electronic format, a news
				  service in paper or electronic form, radio station, television station,
				  television network, community antenna television service, or person or
				  corporation engaged in making news reels or other motion picture news for
				  public showing.
(Section 2(f) of FOIA)
"Person" means any individual, corporation,
				  partnership, firm, organization or association, acting individually or as a
				  group.
(Section 2(b) of FOIA)
"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.
(Section 2(c-5) of FOIA)
"Public Access Counselor" means an individual appointed to
				  that office by the Attorney General under Section 7 of the Attorney General Act
				  [15 ILCS 205].
"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
[105
				  ILCS 5]. (Section 2(a) of FOIA)
"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 the
				  Agency.
(Section 2(c) of FOIA)
"Recurrent requester" means a person that, in the 12
				  months immediately preceding the request, has submitted to the same public body
				  a minimum of 50 requests for records, a minimum of 15 requests for records
				  within a 30-day period, or a minimum of 7 requests for records within a 7 day
				  period. For the 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 to access and disseminate
				  information concerning news and current or passing events, for articles of
				  opinion or features of interest to the public, or for the purpose of academic,
				  scientific, or public research or education. For the purposes of this
				  definition, "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.
(Section 2(g) of FOIA)
"Requester" is any person who has submitted to the Agency a
				  written request, electronically or on paper, for records.
"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.
(Section
				  7(1)(c) of FOIA)