New FOIA Amendments Just Signed by Governor
Earlier this week, the Governor signed into law two bills to amend
the Freedom of Information Act.
First, Public Act 101-0433
(SB1699)
amends Section 2.15(e) of FOIA to redefine where law enforcement agencies may
not publish booking photographs (i.e. mugshots). Before the amendment, an
agency was not allowed to share on its “social media website”. With this amendment,
the definition was changed to “social networking website” as it is defined in
Section 10 of the Right to Privacy in the Workplace Act. Section 10 of the RPWA defines social networking site as:
an Internet-based service that allows individuals to: (i) construct a public or semi-public profile within a bounded system, created by the service; (ii) create a list of other users with whom they share a connection within the system; and (iii) view and navigate their list of connections and those made by others within the system.
This definition excludes e-mail. This Act became
effective yesterday.
Second, Public
Act 101-0434 (SB1712)
amends Section 7 of FOIA to add Exemption 7(1)(kk) which exempts from
disclosure:
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.
This law becomes effective January 1, 2020.
Post Authored by Ashton Tunk & Julie Tappendorf, Ancel Glink
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