2. Discussion of each exemption.

The following information is exempt from inspection and copying:

Federal or State Law Exemption. Information specifically prohibited from disclosure from federal or state law or rules and regulations adopted under these laws. See 5 ILCS 140/7 (1)(a). In Chicago Tribune v. University of Illinois Board of Trustees, the court held that the federal Family Education Rights and Privacy Act, 20 U.S.C. 1232g (“FERPA”) did not qualify as a FOIA exemption because FERPA does not “specifically prohibit” disclosure of the information. See 5 ILCS 140/7 (1)(a) (emphasis added).  The court notes that this is a narrow ruling because FERPA was the only exemption at issue. Chicago Tribune Co. v. University of Illinois Board of Trustees, U.S. District Court, N.D. Illinois, Case No. 10 C 0568 (March 7, 2011), 2011 WL 982531; 5 ILCS 140/7(1)(a). The Appellate Court of Illinois, Fifth District, held that this exemption did not apply to a state trial court order gagging the parties to a lawsuit from disclosing the terms or conditions of a settlement agreement where the parties themselves had requested the gag order. Carbondale Convention Center Inc. v. City of Carbondale, 245 Ill. App. 3d 474, 477, 185 Ill. Dec. 405, 407, 614 N.E.2d 539, 541 (5th Dist. 1993); see also Kibort v. Westrom, 371 Ill. App. 3d 247, 862 N.E.2d 609 (2d Dist. 2007) (disclosure of election ballots, ballto box tapes and poll signature cards was prohibited by the Election Code and, thus, exempt under 5 ILCS 140/7(1)(a)). Private Information. Private information is exempt from disclosure, unless disclosure is required by another provision of this Act, a State or federal law, or a court order. See 5 ILCS 140/7(1)(b).

“Private information” means unique identifiers—such as 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.  5 ILCS 140/2(c-5). 

Private information also includes “files, documents, and other data or databases maintained by one or more law enforcement agencies and specifically designed to provide information to one or more law enforcement agencies regarding the physical or mental status of one or more individual subjects.” 5 ILCS 140/7(1)(b-5).

Note: The Illinois Appellate Court, First Judicial District, has ruled that a school district must release the information it compiles regarding test scores where that information can be masked and scrambled in order to preserve individual student identities. See Bowie v. Evanston Cmty. Consol. School Dist. 65, 168 Ill. App. 3d 101, 522 N.E.2d 669, 119 Ill. Dec. 7 (1st Dist. 1988). The Fifth District Appellate Court ordered the production of records from the Cancer Registry maintained by the Illinois Department of Public Health. Southern Illinoisan v. Department of Public Health, 349 Ill. App. 3d 431, 812 N.E. 2d 27, 285 Ill. Dec. 438 (5th District, 2004). A newspaper had requested records for the diagnosis of neuroblastoma by date of diagnosis and ZIP code. The Illinois Supreme Court affirmed, finding that because the request did not tend to lead to the identity of patients, the documents were not exempt. 218 Ill. 2d 390, 844 N.E. 2d 1 (2006).

Personal Information. When disclosure of information contained within a public record would “constitute a clearly unwarranted invasion of personal privacy” that is “highly personal or objectionable to a reasonable person and … the subject’s right to privacy outweighs any legitimate public interest in obtaining the information.” 5 ILCS 140/7(c). The public duties of a public employee or official are not considered an invasion of personal privacy. Id.

Note: If disclosure is consented to in writing by the individual subject of the information, then disclosure is permissible.

Note: A superintendent’s employment contract is not exempt because, “by its very nature, the superintendent’s employment contract, as a whole, constitutes information that bears on his public duties.” See Stern v. Wheaton-Warrenville Community Unit School Dist., 233 Ill.2d 396, 910 N.E.2d 85 (2009); See also Reppert v. Southern Illinois University, 375 Ill.App.3d 502, 874 N.E.2d 905 (4th Dist. 2007) (holding that employment contracts are not per se exempt). In addition, post-mortem photographs are exempt to the extent that “surviving family members have legally-recognized right in the depiction of a decedent’s remains.” The attorney general noted that family members have a right to be free from the embarrassment that may result from the public display of a loved one’s remains. See Public Access Opinion 10-003 (available at http://foia.ilattorneygeneral.net/pdf/opinions/2010/2010-003.pdf); Nat'l Ass'n of Criminal Def. Lawyers v. Chicago Police Dept., 399 Ill. App. 3d 1, 924 N.E.2d 564 (1st Dist. 2010) (release of de-identified photos used in police lineups did not invade personal privacy so as to exempt photos).

d. Law Enforcement and Administrative Enforcement. “Records in the possession of any public body created in the course of administrative enforcement proceedings, and any law enforcement or correctional agency for law enforcement purposes,” see 5 ILCS 140/7(1)(d)), but only to the extent that disclosure would:

(i) interfere with pending law enforcement proceedings; See 5 ILCS 140/7(1)(d)(i); See also Castro v. Brown's Chicken & Pasta Inc., 732 N.E. 2d 37 (1st Dist. 2000).

(ii) interfere with active administrative enforcement proceedings; See 5 ILCS 140/7(1)(d)(ii).

(iii) likely to deprive a person of a fair trial or an impartial hearing; See 5 ILCS 140/7(1)(d)(iii).

(iv) “unavoidably disclose the identity of a confidential source or confidential information furnished only by the confidential source, persons who file complaints with or provide information to administrative, investigative, law enforcement, or penal agencies;” See 5 ILCS 140/7(1)(d)(iv). But, there are exceptions: “identities of witnesses to traffic accidents, traffic accident reports, and rescue reports shall be provided by agencies of local government” may be disclosed – unless disclosure would interfere with an active criminal investigation. Id.

Note: In Chicago Alliance for Neighborhood Safety v. City of Chicago, the court held that the names of community liaisons with the police department are exempt. 348 Ill. App. 3d 188, 808 N.E. 2d 56, 283 Ill. Dec. 506 (1st Dist. 2004); see Nat'l Ass'n of Criminal Def. Lawyers v. Chicago Police Dept., 399 Ill. App. 3d 1, 924 N.E.2d 564 (1st Dist. 2010) (ordering disclosure, because redaction of open investigation files was not unduly burdensome to agencies and invasion of personal privacy in making disclosure of faces in photographic police lineups did not outweigh public’s interest in disclosure).

 (v) “disclose unique or specialized investigative techniques other than those generally used and known or disclose internal documents of correctional agencies related to detection, observation or investigation of incidents of crime or misconduct;” See 5 ILCS 140/7(1)(d)(v) (emphasis added). This applies only if disclosure would result in demonstrable harm to the agency or public body. Id.

(vi) “endanger the life or physical safety of law enforcement personnel or any other person;” See 5 ILCS 140/7(d)(vi) (emphasis added).

Note: Criminal history record information. Pursuant to section 2.15, the following documents are deemed public records subject to inspection and copying by the public: (i) court records that are public; (ii) records that are otherwise available under state or local law; and (iii) records in which the requesting party is the individual identified, except as provided under Section 7(1)(d)(vi). Arrest records must be released not withstanding the personal information exemption under Section 7(1)(c). Additionally, Section 2.15(b) provides specific circumstances when criminal history records may be released—but this is not an exclusive list. Criminal history records may be released even if they do not fit into one of the categories provided for in Section 2.15(b). The public body need not create or maintain records they would not otherwise create or maintain. See Public Access Opinion 11-001 (available at http://foia.ilattorneygeneral.net/pdf/opinions/2011/2011-001.pdf).

(vii) obstruct an ongoing criminal investigation by the public body receiving the FOIA request. See 5 ILCS 140/7(1)(d)(vii).

Note: The Illinois Appellate Court, First Judicial District, has ruled that sampling data and calculations compiled by a metropolitan sanitary district are investigatory records compiled for law enforcement purposes and thus not subject to disclosure where the sanitary district relied on a self-reporting system and the data sought was used to monitor compliance with the self-supporting system. The court held that disclosure would defeat the purpose of the sampling data system, which was to check on whether the targets of the program were reporting accurately. Griffith Labs. v. Metropolitan Sanitary Dist., 168 Ill. App. 3d 341, 522 N.E.2d 744, 119 Ill. Dec. 82 (1st Dist. 1988).  

e. Correctional Institutions: “Records that relate to or affect the security of correctional institutions and detention facilities.” 5 ILCS 140/7(1)(e). The names of federal prisoners held in a county jail were exempt from disclosure. Brady-Lunny v. Massey, 185 F. Supp. 2d 928 (C.D. Ill. 2002).

f. Preliminary drafts. “Preliminary drafts, notes, recommendations, memoranda and other records in which opinions are expressed, or policies or actions are formulated.” See 5 ILCS 140/7(1)(f). Exception: a specific record or relevant portion of a record shall not be exempt when the record is publicly cited and identified by the head of the public body. Id. This “extends to all those records or officers and agencies of the General Assembly that pertain to the preparation of legislative documents.” Id. 

Care should be taken to assure that a government agency does not attempt to assert that information sought is in preliminary report form when in fact it is not. This occurred in Hoffman v. Illinois Dep't of Corr., 158 Ill. App. 3d 473, 511 N.E.2d 759, 110 Ill. Dec. 582 (1st Dist. 1987). There, the plaintiff sought disclosure of information relating to the identity and procedure for administering drugs used to implement Illinois' death penalty. The Department of Corrections argued that the information sought, contained in a memorandum discussing procedures governing execution, was exempt because it was in preliminary draft form. The plaintiff invoked the provision of the Act which allows a trial court to conduct an in camera examination (private examination by the judge in the judge's chambers) of requested records. The judge found that, despite the department's assertion, the memorandum indicated that it was final, and therefore subject to disclosure.

One federal court, interpreting the federal FOI Act, has stated that documents that reflect the "give-and-take" of the decision-making process, such as drafts or memos generated before adoption of a policy or the making of a decision, are exempt from disclosure. Marzen v. U.S. Dep't of Health & Human Servs., 632 F. Supp. 785 (N.D. Ill. 1986). Since the legislature intended that case law construing the federal Act be used to interpret the Illinois Act, Roulette v. Dep't of Cent. Mgmt. Servs., 141 Ill. App. 3d 394, 400, 490 N.E.2d 60, 64, 95 Ill. Dec. 591 (1st Dist. 1986), this case would apply to documents exempted from disclosure under this provision.

In Hardwood v. McDonough, the court applied this exemption to a final consultant report because it was preliminary to final government action. 799 N.E.2d 859 (1st Dist. 2003).

The exemptions described here apply to all records of officers and agencies of the General Assembly that pertain to the preparation of legislative documents. See 5 ILCS 140/7(1)(f).

g. Trade Secrets and Commercial Information. If disclosure would cause competitive harm, the following are exempt: trade secrets, commercial information, or financial information, obtained from a person or business, where the trade secrets or information are proprietary, privileged or confidential. The claim must directly apply to the requested records. See BlueStar Energy Services, Inc. v. Illinois Commerce Comm'n, 374 Ill. App. 3d 990, 871 N.E.2d 880 (1st Dist. 2007).

Note: It is permissible consent to public disclosure. See 5 ILCS 140/7(1)(g). Legislative history indicates that trade secrets includes information that would inflict substantial competitive harm or make it more difficult for the agency to induce people to submit similar information in the future. Roulette v. Dep of Centr. Mgmt. Servs., 141 Ill. App. 3d 394, 400, 490 N.E.2d 60, 64, 95 Ill. Dec. 587, 591 (1st Dist. 1986). See discussion at 2, below. See also Cooper v. Dep't of Lottery, 266 Ill. App. 3d 1007, 640 N.E.2d 1299, 203 Ill. Dec. 926 (1994).

h. Proposals and Bids. Proposals and bids for any contract, grant or agreement, including information that would frustrate procurement or give an advantage to someone if it were disclosed. Information prepared by or for a body is exempt until a final selection is made. See 5 ILCS 140/7(1)(h).

i. Research Data. Valuable formulas, computer geographic systems, designs, drawings and research data obtained or produced by any public body when disclosure “could reasonably be expected to produce private gain or public loss.” See 5 ILCS 140/7(1)(I). This exemption does not apply to requests from the news media for Geographic Information Systems documents.

j. Educational Examination Data. The following information is subject to exemption:

(i) Test questions, scoring keys and other exam data used to administer academic examinations;

(ii) faculty evaluations;

(iii) student disciplinary cases—but only the identity of the student is exempt.

(iv) and course or research materials used by faculty. 5 ILCS 140/7(1)(j). Note: Scrambled or masked test scores in which individual students' identities are unascertainable are available. See Bowie v. Evanston Cmty. Consol. School Dist. 65, 128 Ill. 2d 373, 538 N.E. 2d 557, 131 Ill. Dec. 182 (1989).

k. Architects and Engineers. Architects and engineers' technical submissions for projects that are not developed—in whole or in part—with public funds. Projects constructed or developed with public funds are exempt when disclosure would compromise security. See 5 ILCS 140/7(1)(k).

l. Closed Meeting Minutes. Minutes of meetings of public bodies closed to the public in the Open Meetings Act. But, the closed meeting minutes may be disclosed when the public body makes the minutes available to the public under Section 2.06 of the Open Meetings Act. See 5 ILCS 140/7(1)(l).

m. Communications with Attorney or Auditor. Communications between a public body and an attorney, or an auditor representing the public body-- but only if the communications would not be subject to discovery in litigation. The following are also exempt: materials prepared or compiled with respect to internal audits of public bodies; and, upon the request of the public body’s attorney, materials prepared or compiled by or for a public body in anticipation of a criminal, civil, or administrative proceeding. See 5 ILCS 140/7(1)(m).

In Illinois Education Association v. State Board of Education, 204 Ill, 2d 456, 791 N.E.2d 522, 274 Ill. Dec. 430, the court rejected the application of this exemption to materials supplied by the State Board to the Attorney General. The State Board, by the way of vague or conclusory affidavits, failed to establish a privilege.

Note: Attorney billing records that contain explanations for legal fees or indicate the type of work done or matters discussed between the attorney and client could reveal the substance of confidential attorney-client discussions and, thus, would be subject to valid claims of attorney-client privilege or exemption under 5 ILCS 140/7(1)(n). See Ulrich v. Stukel, 294 Ill. App. 3d 193, 689 N.E.2d 319, 228 Ill. Dec. 447 (1st Dist. 1997). However, attorney billing records are not per se exempt. "It is well-recognized that information regarding a client's fees generally is not a 'confidential communication' between an attorney and client, and thus is not protected by the attorney client privilege. . . . The payment of fees is merely incidental to the attorney-client relationship and typically does not involve the disclosure of confidential communications arising from the relationship." Ulrich, 294 Ill. App. 3d at 203-04, 689 N.E.2d at 327, 228 Ill. Dec. at 455. Note also that, if attorney billing records may be exempted from disclosure, the exempted material may be redacted or deleted and any material that is not exempt, which could include hours, amount of fees, identification of attorneys and assignments, etc., must be made available for inspection and copying. See 5 ILCS 140/8.

n. Employee Grievances or Disciplinary Cases. “Records relating to a public body’s adjudication of employee grievances or disciplinary cases.” But the final outcome of the case is not exempt when discipline is imposed. See 5 ILCS 140/7(1)(n).  See generally Gekas v. Williamson, 393 Ill. App. 3d 573, 912 N.E.2d 347 (4th Dist. 2009). 

o. Data-processing Operations. Administrative or technical information associated with automated data-processing operations. This includes—but is not limited to—software, operating protocols, computer program abstracts, file layouts, source listings, object modules, load modules, user guides, documentation pertaining to all logical and physical designs of computerized systems, employee manuals, and any other information that—if disclosed—would jeopardize the security of the system, its data, or the security of materials exempt under this section. See 5 ILCS 140/7(1)(o).

p. Collective Bargaining Negotiations. Documents or materials relating to collective negotiating matters between public bodies and their employees or representatives. Exception: any final contract or agreement shall be subject to inspection and copying. See 5 ILCS 140/7(1)(p).

q. Employee Examination Data. “Test questions, scoring keys, and other examination data used to determine the qualifications of an applicant for a license or employment.” See 5 ILCS 140/7(1)(q); see Kopchar v. City of Chicago, 395 Ill. App. 3d 762, 919 N.E.2d 76 (1st Dist. 2009).

r. Real Estate. The records, documents and information relating to real estate purchase negotiations until those negotiations end. With regard to parcels involved in an eminent domain proceeding under the Eminent Domain Act, records, documents and information relating to that parcel are exempt except as may be allowed under discovery rules adopted by the Illinois Supreme Court. The records, documents and information relating to a real estate sale are exempt until a sale is consummated. See 5 ILCS 140/7(1)(r).

s. Proprietary Insurance Information. Any proprietary information and records related to the operation of an intergovernmental risk management association, self-insurance pool, or a jointly self-administered health and accident cooperative or pool. See 5 ILCS 140/7(1)(s). In Public Access Opinion 11-004 (available at http://foia.ilattorneygeneral.net/pdf/opinions/2011/11-004.pdf), the PAC concluded that settlement agreements entered into by an intergovernmental risk management association or self-insurance pool on behalf of a public body are subject to disclosure; 5 ILCS 140/7(1)(s) does not exempt the amount of money expended to settle a claim.  Likewise, in Public Access Opinion 11-005 (available at http://foia.ilattorneygeneral.net/pdf/opinions/2011/11-005.pdf), the PAC determined that the Illinois Department of Central Management should disclose Nerve Conduction Velocity Tests results obtained with respect to workers’ compensation claims, because those test results were not preotected by 5 ILCS 140/7(1)(s).

t. Regulation Procedures for Financial Institutions. Information contained in or related to examination, operating, or condition reports that are prepared by or for the use of a public body that is responsible for the supervision of financial institutions or insurance companies. Exception: if disclosure is otherwise required by State law. See 5 ILCS 140/7(1)(t).

u. Electronic Security. Information that would disclose or might lead to the disclosure of secret or confidential information, codes, algorithms, programs or private keys intended to be used to create electronic or digital signatures under the Electronic Commerce Security Act, see 5 ILCS 140/7(1)(u).

v. Security Threats. Vulnerability assessments, security measures, and response policies or plans that are designed to identify, prevent or respond to potential attacks upon a community's systems, population, facilities, or installations. This exemption applies when destruction or contamination would constitute a clear and present danger to the health or safety of the community, but only to the extent that disclosure could reasonably be expected to jeopardize the effectiveness of the measures or the safety of the public or the personnel who implement the security measures. Information exempt under this subsection may include details pertaining to the mobilization or deployment of personnel or equipment, the operation of communication systems or protocols, or tactical operations. See 5 ILCS 140/7(1)(v).

w. (left blank in statute).

x. Power Generator Maps and Records. “Maps and other records regarding the location or security of generation, transmission, distribution, storage, gathering, treatment or switching facilities owned by a utility, by a power generator, or by the Illinois Power Agency.” 5 ILCS 140/7(x).

y. Public Utility Documentation. Information related to proposals, bids, or negotiations that deal with electric power procurement under Section 1-75 of the Illinois Power Agency Act and Section 16-111.5 of the Public Utilities Act. It must be deemed confidential and proprietary by the Illinois Power Agency or by the Illinois Commerce Commission. See 5 ILCS 140/7(1)(y).

z. Information about Students. “Information about students exempted from disclosure under Sections 10-20.38 or 34-18.29 of the School Code, and information about undergraduate students enrolled at an institution of higher education exempted from disclosure under Section 25 of the Illinois Credit Card Marketing Act of 2009.” 5 ILCS 140/7(1)(z).

aa. Viatical Settlements Act. “Information the disclosure of which is exempted under the Viatical Settlements Act of 2009.” See ILCS 140/7(1)(aa).

bb. Human Remains. “Information regarding interments, entombments, or inurnments of human remains that are submitted to the Cemetery Oversight Database under the Cemetery Care Act or the Cemetery Oversight Act, whichever is applicable.” See 5 ILCS 140/7(1)(bb).

Note: Section 7 “does not authorize withholding of information or limit the availability of records to the public, except as stated in [Section 7] or otherwise provided in this Act.” See 5 ILCS 140/7(3).

STATUTORY EXEMPTIONS UNDER SECTION 7.5

The following are exempt from inspection and copying:

(a) Technology Advancement Development Act. “All information determined to be confidential under Section 4002 of the Technology Advancement and Development Act.” 5 ILCS 140/7.5(a).

(b) Library Records Confidentiality Act. Library records identifying library users with the books or other materials checked out by an individual under the Library Records Confidentiality Act. See 5 ILCS 140/7.5(b).

(c) Organ Donation Records. “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.” 5 ILCS 140/7.5(c).

(d) Sexually Transmissible Disease Control Act. “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.” 5 ILCS 140/7.5(d).

(e) Radon Industry Licensing Act. “Information the disclosure of which is exempted under Section 30 of the Radon Industry Licensing Act.” 5 ILCS 140/7.5(e).

(f) Architectural, Engineering, and Land Surveying Qualifications Based Selection Act. “Firm performance evaluations under Section 55 of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.” 5 ILCS 140/7.5(f).

(g) Illinois Prepaid Tuition Act. “Information the disclosure of which is restricted and exempted under Section 50 of the Illinois Prepaid Tuition Act.” 5 ILCS 140/7.5(g).

(h) State Officials and Employees Ethics Act. “Information the disclosure of which is exempted under the State Officials and Employees Ethics Act, 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.” 5 ILCS 140/7.5(h).

(i) Emergency Energy Plans. “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.” 5 ILCS 140/7.5(i).

(j) Wireless Emergency Telephone Safety Act. “Information and data concerning the distribution of surcharge moneys collected and remitted by wireless carriers under the Wireless Emergency Telephone Safety Act.” 5 ILCS 140/7.5(j).

(k) Vehicle Code. “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.” 5 ILCS 140/7.5(k).

(l) Abuse Prevention Review Team Act. “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.” 5 ILCS 140/7.5(l).

(m) Residential Real Property Disclosure Act. “Information provided to the predatory lending database created pursuant to Article 3 of the Residential Real Property Disclosure Act, except to the extent authorized under that Article.” 5 ILCS 140/7.5(m).

(n) Capital Crimes Litigation Act. “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. 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.” 5 ILCS 140/7.5(n).

(o) Health and Hazardous Substances Registry Act. “Information that is prohibited from being disclosed under Section 4 of the Illinois Health and Hazardous Substances Registry Act.” 5 ILCS 140/7.5(o).

(p) Regional Transportation Authority Act and the Bi-State Transit Safety Act. “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 or the St. Clair County Transit District under the Bi-State Transit Safety Act.” 5 ILCS 140/7.5(p).

(q) Personnel Records Review Act. “Information prohibited from being disclosed by the Personnel Records Review Act.” 5 ILCS 140/7.5(q).

(r) School Student Records Act. “Information prohibited from being disclosed by the Illinois School Student Records Act.” 5 ILCS 140/7.5(r).

(s) Public Utilities Act. “Information the disclosure of which is restricted under Section 5-108 of the Public Utilities Act.” 5 ILCS 140/7.5(s).

(t) Health Information Exchange. “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 in the Health Insurance Accountability and Portability Act of 1996, Public Law 104-191, or any subsequent amendments thereto, and any regulations promulgated thereunder.” 5 ILCS 140/7.5(t).