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Bill > SB0225


IL SB0225

IL SB0225
STATE RECORDS-ENCRYPTION


summary

Introduced
01/22/2025
In Committee
01/22/2025
Crossed Over
Passed
Dead

Introduced Session

104th General Assembly

Bill Summary

Amends the State Records Act and Local Records Act. Provides that, when an agency generates a record in an encrypted format, an encryption key must be available to decrypt the record for its entire retention period as established by the State or Local Records Commission. Provides that, when an agency maintains a digital format record within a digital storage system that allows the user to set retention timers, these timers must be set to retain the record for its entire retention period as established by the State or Local Records Commission, including the time necessary for the record disposal process. Provides that agencies must comply with the provisions of the Act when destroying or disposing of encrypted public records or public records maintained in a digital format record within a digital storage system that allows the user to set retention timers. Provides that a person who encrypts a public record without lawful authority, or who sets a retention timer for a public record that is not set to the entire retention period as established by the State or Local Records Commission, with the intent to defraud a party, public officer, or entity, commits a Class 4 felony.

AI Summary

This bill amends the State Records Act and Local Records Act to establish new requirements for record encryption and digital storage. Specifically, when government agencies create encrypted records or use digital storage systems with retention timers, they must ensure that encryption keys remain available and retention timers are set to cover the entire retention period established by the State or Local Records Commission. The bill mandates that agencies must follow proper procedures when destroying or disposing of encrypted or digitally stored records. Importantly, the legislation creates a criminal penalty for intentionally encrypting public records without authorization or manipulating retention timers with the intent to defraud a party, public officer, or entity, which would be classified as a Class 4 felony. These provisions aim to prevent deliberate tampering with public records and ensure that government agencies maintain transparency and accountability in record-keeping practices by preserving access to important documents throughout their designated retention periods.

Sponsors (1)

Last Action

Referred to Assignments (on 01/22/2025)

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