ILCS » Chapter 820 · Act 40
Illinois Compiled Statutes

820 ILCS 40/10 (2026)

Exceptions

✓ current as of May 2026
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(820 ILCS 40/10) (from Ch. 48, par. 2010)
    Sec. 10. Exceptions. The right of the employee or the employee's designated representative to inspect his or her personnel records does not apply to:
    (a) Letters of reference for that employee or external peer review documents for academic employees of institutions of higher education.
    (b) Any portion of a test document, except that the employee may see a cumulative total test score for either a section of or the entire test document.
    (c) Materials relating to the employer's staff planning, such as matters relating to the business' development, expansion, closing or operational goals, where the materials relate to or affect more than one employee, provided, however, that this exception does not apply if such materials are, have been or are intended to be used by the employer in determining an individual employee's qualifications for employment, promotion, transfer, compensation, or benefits, or in determining an individual employee's discharge or discipline.
    (d) Information of a personal nature about a person other than the employee if disclosure of the information would constitute a clearly unwarranted invasion of the other person's privacy.
    (e) An employer who does not maintain any personnel records.
    (f) Records relevant to any other pending claim between the employer and employee which may be discovered in a judicial proceeding.
    (g) Investigatory or security records maintained by an employer to investigate criminal conduct by an employee or other activity by the employee which could reasonably be expected to harm the employer's property, operations, or business or could by the employee's activity cause the employer financial liability, unless and until the employer takes adverse personnel action based on information in such records.
    (h) An employer's trade secrets, client lists, sales projections, and financial data.
(Source: P.A. 103-727, eff. 1-1-25.)

    
Notes of Decisions
Cited in 7 cases, 2005–2020 · leading case: Kopchar v. City of Chicago, 919 N.E.2d 76 (Ill. App. Ct. 2009).
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Kopchar v. City of Chicago, 919 N.E.2d 76 (Ill. App. Ct. 2009). “Notably, the Illinois Personnel Record Review Act provides, in pertinent part: “The right of the employee or the employee’s designated representative to inspect his or her personnel records does not apply to: $ (b) Any portion of a test document, except that the employee may see…”
Copley Press, Inc. v. Bd. of Educ., 834 N.E.2d 558 (Ill. App. Ct. 2005). “820 ILCS 40/10 (West 2002). The documents listed in section 10 are still properly part of a personnel file and thus are exempt from disclosure under the FOIA.”
Taniesheia Harden v. Comcast Corp. (7th Cir. 2020). · cites it 3× “The Act requires that, upon an employee’s request, the employer must allow the employee to “inspect any personnel documents which are, have been[,] or are intended to be used in determining that employee's qualifications for employment, promotion, transfer, additional…”
Taniesheia Harden v. Comcast Corp. (7th Cir. 2020). · cites it 3× “The Act requires that, upon an employee’s request, the employer must allow the employee to “inspect any personnel documents which are, have been[,] or are intended to be used in determining that employee's qualifications for employment, promotion, transfer, additional…”
Harden v. Comcast (N.D. Ill. 2018). · cites it 2× “It also argues that the requested records were exempt from the IPRRA under 820 ILCS 40/10(f), which exempts records "relevant to any other pending claim between the employer and employee which may be discovered in a judicial proceeding.”
Copley Press, Inc. v. Bd. of Educ. for Peoria Sch. Dist. No. 150 (Ill. App. Ct. 2005). “820 ILCS 40/10 (West 2002). The documents listed in section 10 are still properly part of a personnel file and thus are exempt from disclosure under the FOIA.”
Kopchar v. City of Chicago (Ill. App. Ct. 2009). “Notably, the Illinois Personnel Record Review Act provides, in pertinent part: “The right of the employee or the employee’s designated representative to inspect his or her personnel records does not apply to: *** (b) Any portion of a test document, except that the employee may…”
— 820 ILCS 40/10(f) — 3 cases
Taniesheia Harden v. Comcast Corp. (7th Cir. 2020). “The Act requires that, upon an employee’s request, the employer must allow the employee to “inspect any personnel documents which are, have been[,] or are intended to be used in determining that employee's qualifications for employment, promotion, transfer, additional…”
Taniesheia Harden v. Comcast Corp. (7th Cir. 2020). “The Act requires that, upon an employee’s request, the employer must allow the employee to “inspect any personnel documents which are, have been[,] or are intended to be used in determining that employee's qualifications for employment, promotion, transfer, additional…”
Harden v. Comcast (N.D. Ill. 2018). “It also argues that the requested records were exempt from the IPRRA under 820 ILCS 40/10(f), which exempts records "relevant to any other pending claim between the employer and employee which may be discovered in a judicial proceeding.”
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