Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 826 - FREEDOM OF INFORMATION › Subpart B - CLASSIFICATION OF RECORDS › Section 826.230 - Statutory Exemptions

Current through Register Vol. 48, No. 28, July 12, 2024
To the extent provided for by the following statutes,
				  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
[20 ILCS 700 ]
.
b)
Library circulation and order
				records identifying library users with specific materials under the Library
				Records Confidentiality Act
[75 ILCS 70 ]
.
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
[410 ILCS 325 ]
.
e)
Information the disclosure of
				which is exempted under Section 30 of the Radon Industry Licensing Act
[420 ILCS 44 ]
.
f)
Firm performance evaluations under Section 55 of the Architectural,
				Engineering, and Land Surveying Qualifications Based Selection Act
[30
				ILCS 535 ]
.
g)
Information the disclosure of which is restricted and exempted under
				Section 50 of the Illinois Prepaid Tuition Act
[110 ILCS 979
				]
.
h)
Information the disclosure of which is exempted under the State
				Officials and Employees Ethics Act
[5 ILCS 430 ]
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
[65
				ILCS 5 ]
.
j)
Information and data concerning the distribution of surcharge moneys
				collected and remitted by wireless carriers under the Wireless Emergency
				Telephone Safety Act
[50 ILCS 751 ]
.
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
[625 ILCS 5 ]
.
l)
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
[210 ILCS 28 ]
.
m)
Information provided to the
				predatory lending database created pursuant to Article 3 of the Residential
				Real Property Disclosure Act
[765 ILCS 77 ]
, 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
[725 ILCS 124 ]
. 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
[410 ILCS 525 ]
.
p)
Security portions of system safety
				program plans, investigation reports, surveys, schedules, lists, data, or
				information compiled, collected or prepared by or for the Regional
				Transportation Authority under Section 2.11 of the Regional Transportation
				Authority Act
[70 ILCS 3615 ]
or the St. Clair County Transit
				District under the Bi-State Transit Safety Act
[45 ILCS 111
				]
.
q)
Information prohibited from being disclosed by the Personnel Record
				Review Act
[820 ILCS 40 ]
.
r)
Information prohibited from being
				disclosed by the Illinois School Student Records Act
[105 ILCS 10
				]
.
s)
Information the disclosure of which is restricted under Section 5-108
				of the Public Utilities Act
[220 ILCS 5 ]
.
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 de-identified 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
				Authority due to its administration of the Illinois Health Information
				Exchange. The terms "identified" and "de-identified" shall be given the same
				meanings as
ascribed in
the Health Insurance Accountability
				and Portability 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 Brian's Law
(the Developmental
				Disability and Mental Health Safety Act [405 ILCS 82 ]).
v)
Names and information of people
				who have applied for or received Firearm Owner's Identification Cards under the
				Firearm Owners Identification Card Act
[430 ILCS 65 ]
or
				applied for or received a concealed carry license under the Firearm Concealed
				Carry Act
[430 ILCS 66 ]
, 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.
w)
Personally identifiable information that is exempted from disclosure
				under Section 19.1(g) of the Toll Highway Act
[605 ILCS 10
				].
x)
Information that is
				exempted from disclosure under Section 5-1014.3 of the Counties Code
[55 ILCS 5 ]
or Section 8-11-21 of the Illinois Municipal Code
[65 ILCS 5 ].
y)
Confidential information under the Adult Protective Services
				Act
[320 ILCS 20 ]
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 significant abuse, neglect, or financial exploitation of an
				eligible adult maintained in the Department of Public Health's Health Care
				Worker Registry.
z)
Records and information provided to an at-risk adult fatality review
				team or the Illinois At-Risk Adult Fatality Review Team Advisory Council under
				Section 15 of the Adult Protective Services Act.
(Section 7.5 of
				FOIA)
aa)
Information that
				is exempted from disclosure under Section 2.37 of the Wildlife Code
[520 ILCS 5 ]. (Section 7.5aa of FOIA)