2 Ill. Adm. Code 2501.230
Statutory Exemptions
Section 2501.230Â
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
[20
ILCS 2605]
.
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 Records 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 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
the
Developmental Disability and Mental Health Safety Act or Brian's Law [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
[43 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)