Sec. 30. Confidentiality.

486 words·~2 min read·/il/chapter-215/act-215/30

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(a)Any documents, materials, or other information in the control or possession of the Department that are furnished by a licensee or an employee or agent thereof acting on behalf of licensee pursuant to subsection

(i)of Section 10, subsection

(b)of Section 20, or that are obtained by the Director in an investigation or examination pursuant to Section 25 shall be confidential by law and privileged, shall not be subject to the Freedom of Information Act, shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action. However, the Director is authorized to use the documents, materials, or other information in the furtherance of any regulatory or legal action brought as a part of the Director's duties.

(b)Neither the Director nor any person who received documents, materials, or other information while acting under the authority of the Director shall be permitted or required to testify in any private civil action concerning any confidential documents, materials, or information subject to subsection (a).

(c)In order to assist in the performance of the Director's duties under this Act, the Director:

(1)may share documents, materials, or other information, including the confidential and

privileged documents, materials, or information subject to subsection (a), with other State, federal, and international regulatory agencies, with the National Association of Insurance Commissioners and its affiliates or subsidiaries, and with State, federal, and international law enforcement authorities, if the recipient agrees in writing to maintain the confidentiality and privileged status of the document, material, or other information;

(2)may receive documents, materials, or information, including otherwise confidential

and privileged documents, materials, or information, from the National Association of Insurance Commissioners and its affiliates or subsidiaries and from regulatory and law enforcement officials of other foreign or domestic jurisdictions, and shall maintain as confidential or privileged any document, material, or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or information;

(3)may share documents, materials, or other information subject to subsection (a), with

a third-party consultant or vendor if the consultant agrees in writing to maintain the confidentiality and privileged status of the document, material, or other information; and

(4)may enter into agreements governing sharing and use of information consistent with

this subsection.

(d)No waiver of any applicable privilege or claim of confidentiality in the documents, materials, or information shall occur as a result of disclosure to the Director under this Section or as a result of sharing as authorized in subsection (c).

(e)Nothing in this Act shall prohibit the Director from releasing final, adjudicated actions that are open to public inspection pursuant to the Illinois Insurance Code to a database or other clearinghouse service maintained by the National Association of Insurance Commissioners and its affiliates or subsidiaries.