Ill. Admin. Code tit. 2 § 926.330

Current through Register Vol. 48, No. 45, November 8, 2024

Section 926.330 - Statutory Exemptions

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 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 Authority due to its administration of the Illinois Health Information Exchange. The terms "identified" and "deidentified" shall be given the same meaning as 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 which is exempted from disclosure under subsection (g) of Section 19.1 of the Toll Highway Act [605 ILCS 10 ].

x)Information which 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 7.5 of FOIA)

Ill. Admin. Code tit. 2, § 926.330

Added at 39 Ill. Reg. 9330, effective 6/24/2015