Sec. 8. Confidentiality.

434 words·~2 min read·/il/chapter-410/act-325/8

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)All information and records held by the Department and its authorized representatives relating to known or suspected cases of sexually transmitted infections shall be strictly confidential and exempt from inspection and copying under The Freedom of Information Act, as amended. The Department and its authorized representatives shall not disclose information and records held by them relating to known or suspected cases of sexually transmitted infections publicly or in any action of any kind in any court or before any tribunal, board, or agency, and such information shall not be released or made public by a court conducting proceedings authorized by subsection

(c)of Section 6 of this Act, except that release of such information may be made under the following circumstances:

(1)When made with the consent of all persons to which the information applies;

(2)When made for statistical purposes and medical or epidemiologic information is

summarized so that no person can be identified and no names are revealed;

(3)When made to medical personnel, appropriate State agencies or courts of appropriate

jurisdiction to enforce the provisions of this Act and related rules; or

(4)When made to persons determined by the Department to be or have been at potential

risk of HIV transmission pursuant to Section 5.5 of this Act.

(b)(Blank).

(c)A court hearing a request for the issuance of a warrant as authorized in subsection

(c)of Section 6 of this Act shall conduct such proceedings in camera. A record shall be made of authorized proceedings but shall be sealed, impounded and preserved in the records of the court, to be made available to the reviewing court in the event of an appeal.

(d)No employee of the Department or its authorized representatives shall be examined in a civil, criminal, special or other proceeding concerning the existence or contents of pertinent records of a person examined or treated for a sexually transmitted infection by the Department or its authorized representatives pursuant to the provisions of this Act, or concerning the existence or contents of such reports received from a private physician or private health facility, pursuant to the provisions of this Act, without the consent of the person examined and treated for such infections, except in proceedings under Sections 6 and 7 of this Act.

(e)Any person who knowingly violates the confidentiality provisions of this Section is guilty of a Class A misdemeanor.

(f)Any person who knowingly or maliciously disseminates any false information or report concerning the existence of any sexually transmitted infection under this Section is guilty of a Class A misdemeanor.