Bill Text: IL HB3040 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Creates the Insurance Data Security Act. Requires any person licensed, authorized to operate, or registered as an insurer in accordance with the insurance laws of this State to conduct a risk assessment of cybersecurity threats, implement appropriate security measures, and no less than annually assess the effectiveness of the safeguards' key controls, systems, and procedures. Requires a licensee to develop, implement, and maintain a written information security program based on the licensee's risk assessment. Requires each licensee to establish a written incident response plan designed to promptly respond to, and recover from, any cybersecurity event that compromises the confidentiality, integrity, or availability of nonpublic information in its possession, the licensee's information systems, or the continuing functionality of any aspect of the licensee's business or operations. Requires licensees domiciled in this State to annually submit a written certification of compliance to the Director of Insurance. Provides that a licensee shall notify the Director as promptly as possible, but not later than 72 hours from a determination that a cybersecurity event has occurred in specified circumstances. Provides standards and procedures for risk management, data security, and notification and investigation of cybersecurity events resulting in unauthorized access to, disruption of, or misuse of nonpublic data. Provides that the Director has the power to examine and investigate to determine whether a licensee has been or is engaged in any conduct in violation of the Act. Grants the Department of Insurance rulemaking authority to implement the Act. Provides that any documents, materials, or other information obtained pursuant to the Act is confidential by law and privileged, is not subject to the Freedom of Information Act, is not subject to subpoena, and is not subject to discovery or admissible in evidence in any private civil action. Makes a conforming change in the Freedom of Information Act. Defines terms. Effective January 1, 2022.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3040 Detail]

Download: Illinois-2021-HB3040-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB3040 Introduced , by Rep. Keith R. Wheeler SYNOPSIS AS INTRODUCED:
New Act
5 ILCS 140/7.5
Creates the Insurance Data Security Act. Requires any person licensed, authorized to operate, or registered as an insurer in accordance with the insurance laws of this State to conduct a risk assessment of cybersecurity threats, implement appropriate security measures, and no less than annually assess the effectiveness of the safeguards' key controls, systems, and procedures. Requires a licensee to develop, implement, and maintain a written information security program based on the licensee's risk assessment. Requires each licensee to establish a written incident response plan designed to promptly respond to, and recover from, any cybersecurity event that compromises the confidentiality, integrity, or availability of nonpublic information in its possession, the licensee's information systems, or the continuing functionality of any aspect of the licensee's business or operations. Requires licensees domiciled in this State to annually submit a written certification of compliance to the Director of Insurance. Provides that a licensee shall notify the Director as promptly as possible, but not later than 72 hours from a determination that a cybersecurity event has occurred in specified circumstances. Provides standards and procedures for risk management, data security, and notification and investigation of cybersecurity events resulting in unauthorized access to, disruption of, or misuse of nonpublic data. Provides that the Director has the power to examine and investigate to determine whether a licensee has been or is engaged in any conduct in violation of the Act. Grants the Department of Insurance rulemaking authority to implement the Act. Provides that any documents, materials, or other information obtained pursuant to the Act is confidential by law and privileged, is not subject to the Freedom of Information Act, is not subject to subpoena, and is not subject to discovery or admissible in evidence in any private civil action. Makes a conforming change in the Freedom of Information Act. Defines terms. Effective January 1, 2022.
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A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Insurance Data Security Act.
Section 5. Purpose.
(a) The purpose of this Act is to establish standards for
data security and standards for the investigation of and
notification to the Director of a cybersecurity event
applicable to licensees, as defined in Section 10.
(b) This Act may not be construed to create or imply a
private cause of action for violation of its provisions nor
may it be construed to curtail a private cause of action that
would otherwise exist in the absence of this Act.
Section 10. Definitions. As used in this Act:
"Authorized individual" means an individual known to and
screened by the licensee and determined to be necessary and
appropriate to have access to the nonpublic information held
by the licensee and its information systems.
"Consumer" means an individual, including, but not limited
to, an applicant, a policyholder, an insured, a beneficiary, a
claimant, and a certificate holder, who is a resident of this

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State and whose nonpublic information is in a licensee's
possession, custody, or control.
"Cybersecurity event" means an event resulting in
unauthorized access to, disruption of, or misuse of an
information system or information stored on such information
system. "Cybersecurity event" does not include the
unauthorized acquisition of encrypted nonpublic information if
the encryption, process, or key is not also acquired,
released, or used without authorization. "Cybersecurity event"
does not include an event with regard to which the licensee has
determined that the nonpublic information accessed by an
unauthorized person has not been used or released and has been
returned or destroyed.
"Department" means the Department of Insurance.
"Director" means the Director of Insurance.
"Encrypted" means the transformation of data into a form
that results in a low probability of assigning meaning without
the use of a protective process or key.
"Information security program" means the administrative,
technical, and physical safeguards that a licensee uses to
access, collect, distribute, process, protect, store, use,
transmit, dispose of, or otherwise handle nonpublic
information.
"Information system" means a discrete set of electronic
information resources organized for the collection,
processing, maintenance, use, sharing, dissemination, or

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disposition of electronic information, as well as any
specialized system, such as an industrial or process control
system, a telephone switching and private branch exchange
system, or an environmental control system.
"Licensee" means any person licensed, authorized to
operate, or registered as an insurer, or required to be
licensed, authorized, or registered in accordance with the
insurance laws of this State, but does not include a
purchasing group or risk retention group chartered and
licensed in a state other than this State or a licensee that is
acting as an assuming insurer that is domiciled in another
state or jurisdiction.
"Multi-factor authentication" means authentication
through verification of at least 2 of the following types of
authentication factors:
(1) knowledge factors, such as a password;
(2) possession factors, such as a token or text
message on a mobile phone; or
(3) inherence factors, such as a biometric
characteristic.
"Nonpublic information" means information that is not
publicly available information and is:
(1) business-related information of a licensee the
tampering with which, or unauthorized disclosure, access,
or use of which, would cause a material adverse impact to
the business, operations, or security of the licensee;

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(2) any information concerning a consumer that,
because of name, number, personal mark, or other
identifier, can be used to identify such consumer in
combination with any one or more of the following data
elements:
(a) Social Security number;
(b) driver's license number or non-driver
identification card number;
(c) account number and credit or debit card
number;
(d) any security code, access code, or password
that would permit access to a consumer's financial
account; or
(e) biometric records; or
(3) any information or data, except age or gender, in
any form or medium created by or derived from a health care
provider or a consumer and that relates to:
(a) the past, present, or future physical, mental,
or behavioral health or condition of any consumer or a
member of the consumer's family;
(b) the provision of health care to any consumer;
or
(c) payment for the provision of health care to
any consumer.
"Person" means any individual or any non-governmental
entity, including, but not limited to, any non-governmental

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partnership, corporation, branch, agency, or association.
"Publicly available information" means any information
that a licensee has a reasonable basis to believe is lawfully
made available to the general public from: federal, state, or
local government records; widely distributed media; or
disclosures to the general public that are required to be made
by federal, state, or local law. For the purposes of this
definition, a licensee has a reasonable basis to believe that
information is lawfully made available to the general public
if the licensee has taken steps to determine:
(1) that the information is of the type that is
available to the general public; and
(2) whether a consumer can direct that the information
not be made available to the general public and, if so,
that such consumer has not done so.
"Risk assessment" means the risk assessment that each
licensee is required to conduct under subsection (c) of
Section 15 of this Act.
"State" means the State of Illinois.
"Third-party service provider" means a person, not
otherwise defined as a licensee, that contracts with a
licensee to maintain, process, store, or is otherwise
permitted access to nonpublic information through its
provision of services to the licensee.
Section 15. Information security program.

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(a) No later than one year after the effective date of this
Act, each licensee shall develop, implement, and maintain a
comprehensive written information security program based on
the licensee's risk assessment. The information security
program shall contain administrative, technical, and physical
safeguards for the protection of nonpublic information and the
licensee's information system. The information security
program shall be commensurate with the size and complexity of
the licensee, the nature and scope of the licensee's
activities, including its use of third-party service
providers, and the sensitivity of the nonpublic information
used by the licensee or in the licensee's possession, custody,
or control.
(b) A licensee's information security program shall be
designed to:
(1) protect the security and confidentiality of
nonpublic information and the security of the information
system;
(2) protect against any threats or hazards to the
security or integrity of nonpublic information and the
information system;
(3) protect against unauthorized access to or use of
nonpublic information and minimize the likelihood of harm
to any consumer; and
(4) define and periodically reevaluate a schedule for
retention of nonpublic information and a mechanism for its

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destruction when no longer needed.
(c) The licensee shall:
(1) designate one or more employees, an affiliate, or
an outside vendor designated to act on behalf of the
licensee who is responsible for the information security
program;
(2) identify reasonably foreseeable internal or
external threats that could result in unauthorized access,
transmission, disclosure, misuse, alteration, or
destruction of nonpublic information, including the
security of information systems and nonpublic information
that is accessible to, or held by, third-party service
providers;
(3) assess the likelihood and potential damage of
these threats, taking into consideration the sensitivity
of the nonpublic information;
(4) assess the sufficiency of policies, procedures,
information systems, and other safeguards in place to
manage these threats, including consideration of threats
in each relevant area of the licensee's operations,
including:
(A) employee training and management;
(B) information systems, including network and
software design, as well as information
classification, governance, processing, storage,
transmission, and disposal; and

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(C) detecting, preventing, and responding to
attacks, intrusions, or other system failures; and
(5) implement information safeguards to manage the
threats identified in its ongoing assessment, and assess
the effectiveness of the safeguards' key controls,
systems, and procedures no less than annually.
(d) Based on its risk assessment, the licensee shall:
(1) design its information security program to
mitigate the identified risks, commensurate with the size
and complexity of the licensee's activities, including its
use of third-party service providers, and the sensitivity
of the nonpublic information used by the licensee or in
the licensee's possession, custody, or control;
(2) determine which security measures listed below are
appropriate and implement such security measures:
(A) place access controls on information systems,
including controls to authenticate and permit access
only to authorized individuals to protect against the
unauthorized acquisition of nonpublic information;
(B) identify and manage the data, personnel,
devices, systems, and facilities that enable the
organization to achieve business purposes in
accordance with their relative importance to business
objectives and the organization's risk strategy;
(C) restrict access at physical locations
containing nonpublic information only to authorized

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individuals;
(D) protect by encryption or other appropriate
means all nonpublic information while it is
transmitted over an external network and all nonpublic
information stored on a laptop computer or other
portable computing or storage device or media;
(E) adopt secure development practices for
in-house developed applications utilized by the
licensee and procedures for evaluating, assessing, or
testing the security of externally developed
applications utilized by the licensee;
(F) modify the information system in accordance
with the licensee's information security program;
(G) utilize effective controls, which may include
multi-factor authentication procedures for any
individual accessing nonpublic information;
(H) regularly test and monitor systems and
procedures to detect actual and attempted attacks on,
or intrusions into, information systems;
(I) include audit trails within the information
security program designed to detect and respond to
cybersecurity events and designed to reconstruct
material financial transactions sufficient to support
normal operations and obligations of the licensee;
(J) implement measures to protect against
destruction, loss, or damage of nonpublic information

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due to environmental hazards, such as fire and water
damage or other catastrophes or technological
failures; and
(K) develop, implement, and maintain procedures
for the secure disposal of nonpublic information in
any format.
(3) include cybersecurity risks in the licensee's
enterprise risk management process;
(4) stay informed regarding emerging threats or
vulnerabilities and utilize reasonable security measures
when sharing information relative to the character of the
sharing and the type of information shared; and
(5) provide its personnel with cybersecurity awareness
training that is updated as necessary to reflect risks
identified by the licensee in the risk assessment.
(e) If the licensee has a board of directors, the board or
an appropriate committee of the board shall, at a minimum:
(1) require the licensee's executive management or its
delegates to develop, implement, and maintain the
licensee's information security program; and
(2) require the licensee's executive management or its
delegates to report in writing, at least annually, the
following information:
(A) the overall status of the information security
program and the licensee's compliance with this Act;
and

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(B) material matters related to the information
security program, addressing issues such as risk
assessment, risk management and control decisions,
third-party service provider arrangements, results of
testing, cybersecurity events or violations and
management's responses thereto, and recommendations
for changes in the information security program.
If executive management delegates any of its
responsibilities under this Section, it shall oversee the
development, implementation, and maintenance of the licensee's
information security program prepared by the delegates and
shall receive a report from the delegates complying with the
requirements of the report to the board of directors as
provided in paragraph (2) of this subsection (e).
(f) A licensee shall exercise due diligence in selecting
its third-party service provider and, no later than 2 years
after the effective date of this Act, shall require a
third-party service provider to implement appropriate
administrative, technical, and physical measures to protect
and secure the information systems and nonpublic information
that are accessible to, or held by, the third-party service
provider.
(g) The licensee shall monitor, evaluate, and adjust, as
appropriate, the information security program consistent with
any relevant changes in technology, the sensitivity of its
nonpublic information, internal or external threats to

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information, and the licensee's own changing business
arrangements, such as mergers and acquisitions, alliances and
joint ventures, outsourcing arrangements, and changes to
information systems.
(h) As part of its information security program, each
licensee shall establish a written incident response plan
designed to promptly respond to and recover from any
cybersecurity event that compromises the confidentiality,
integrity, or availability of nonpublic information in its
possession, the licensee's information systems, or the
continuing functionality of any aspect of the licensee's
business or operations.
Such incident response plan shall address the following
areas:
(1) the internal process for responding to a
cybersecurity event;
(2) the goals of the incident response plan;
(3) the definition of clear roles, responsibilities,
and levels of decision-making authority;
(4) external and internal communications and
information sharing;
(5) identification of requirements for the remediation
of any identified weaknesses in information systems and
associated controls;
(6) documentation and reporting regarding
cybersecurity events and related incident response

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activities; and
(7) the evaluation and revision as necessary of the
incident response plan following a cybersecurity event.
(i) Annually by February 15, each insurer domiciled in
this State shall submit to the Director a written statement
certifying that the insurer is in compliance with the
requirements set forth in this Section. Each insurer shall
maintain for examination by the Department all records,
schedules, and data supporting this certificate for a period
of 5 years. To the extent an insurer has identified areas,
systems, or processes that require material improvement,
updating, or redesign, the insurer shall document the
identification and the remedial efforts planned and underway
to address such areas, systems, or processes. Such
documentation must be available for inspection by the
Director.
Section 20. Investigation of a cybersecurity event.
(a) If the licensee learns that a cybersecurity event has
or may have occurred, the licensee, or an outside vendor or
service provider designated to act on behalf of the licensee,
shall conduct a prompt investigation.
(b) During the investigation, the licensee, or an outside
vendor or service provider designated to act on behalf of the
licensee, shall perform or oversee reasonable measures to
restore the security of the information systems compromised in

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the cybersecurity event in order to prevent further
unauthorized acquisition, release, or use of nonpublic
information in the licensee's possession, custody, or control,
and shall, at a minimum, determine as much of the following
information as possible:
(1) whether a cybersecurity event has occurred;
(2) the nature and scope of the cybersecurity event;
and
(3) any nonpublic information that may have been
involved in the cybersecurity event.
(c) If the licensee learns that a cybersecurity event has
or may have occurred in a system maintained by a third-party
service provider, the licensee shall complete the steps listed
in subsection (b) or confirm and document that the third-party
service provider has completed those steps.
(d) The licensee shall maintain records concerning all
cybersecurity events for a period of at least 5 years after the
date of the cybersecurity event and shall produce those
records upon demand of the Director.
Section 25. Notification of a cybersecurity event.
(a) Each licensee shall notify the Director as promptly as
possible, but in no event later than 72 hours from a
determination that a cybersecurity event has occurred, when
either of the following criteria has been met:
(1) this State is the licensee's state of domicile or

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home state; or
(2) the licensee reasonably believes that the
nonpublic information involved is of 250 or more consumers
residing in this State and that the cybersecurity event is
either of the following:
(A) a cybersecurity event impacting the licensee
of which notice is required to be provided to any
government body, self-regulatory agency, or any other
supervisory body pursuant to any state or federal law;
or
(B) a cybersecurity event that has a reasonable
likelihood of materially harming: (i) any consumer
residing in this State; or (ii) any material part of
the normal operations of the licensee.
(b) The licensee shall provide as much of the following
information as possible in electronic form as directed by the
Director:
(1) the date of the cybersecurity event;
(2) a description of how the information was exposed,
lost, stolen, or breached, including the specific roles
and responsibilities of third-party service providers, if
any;
(3) how the cybersecurity event was discovered;
(4) whether any lost, stolen, or breached information
has been recovered and, if so, how it was recovered;
(5) the identity of the source of the cybersecurity

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event;
(6) whether the licensee has filed a police report or
has notified any regulatory, government, or law
enforcement agencies and, if so, when such notification
was provided;
(7) a description of the specific types of information
acquired without authorization; in this paragraph,
"specific types of information" means particular data
elements, including types of medical information, types of
financial information, or types of information allowing
identification of the consumer;
(8) the period during which the information system was
compromised by the cybersecurity event;
(9) the number of total consumers in this State
affected by the cybersecurity event; the licensee shall
provide the best estimate in the initial report to the
Director and shall update this estimate with each
subsequent report to the Director;
(10) the results of any internal review identifying a
lapse in either automated controls or internal procedures
or confirming that all automated controls or internal
procedures were followed;
(11) a description of events being undertaken to
remediate the situation that permitted the cybersecurity
event to occur;
(12) a copy of the licensee's privacy policy and a

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statement outlining the steps the licensee will take to
investigate and notify consumers affected by the
cybersecurity event; and
(13) the name of a contact person who is both familiar
with the cybersecurity event and authorized to act for the
licensee.
The licensee has a continuing obligation to update and
supplement initial and subsequent notifications to the
Director concerning the cybersecurity event.
(c) The licensee shall comply with the Personal
Information Protection Act, as applicable, and provide a copy
of the notice sent to consumers under that statute to the
Director when a licensee is required to notify the Director
under subsection (a).
(d) If the licensee has become aware of a cybersecurity
event in a system maintained by a third-party service
provider, the licensee shall treat the event as it would under
subsection (a).
The computation of licensee's deadlines shall begin on the
day after the third-party service provider notifies the
licensee of the cybersecurity event or the licensee otherwise
has actual knowledge of the cybersecurity event, whichever is
sooner.
Nothing in this Act shall prevent or abrogate an agreement
between a licensee and another licensee, a third-party service
provider, or any other party to fulfill any of the

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investigation requirements imposed under Section 20 or notice
requirements imposed under this Section.
(e)(1) In the case of a cybersecurity event involving
nonpublic information that is used by the licensee that is
acting as an assuming insurer or in the possession, custody,
or control of a licensee that is acting as an assumed insurer
and that does not have a direct contractual relationship with
the affected consumers, the assuming insurer shall notify its
affected ceding insurers and the Director of its state of
domicile within 72 hours of making the determination that a
cybersecurity event has occurred.
The ceding insurers that have a direct contractual
relationship with the affected consumers shall fulfill the
consumer notification requirements imposed under the Personal
Information Protection Act and any other notification
requirements relating to a cybersecurity event under this
Section.
(2) In the case of a cybersecurity event involving
nonpublic information that is in the possession, custody, or
control of a third-party service provider of a licensee that
is an assuming insurer, the assuming insurer shall notify its
affected ceding insurers and the Director of its state of
domicile within 72 hours of receiving notice from its
third-party service provider that a cybersecurity event has
occurred.
The ceding insurers that have a direct contractual

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relationship with affected consumers shall fulfill the
consumer notification requirements imposed under the Personal
Information Protection Act and any other notification
requirements relating to a cybersecurity event imposed under
this Section.
(f) In the case of a cybersecurity event involving
nonpublic information that is in the possession, custody, or
control of a licensee that is an insurer or its third-party
service provider and for which a consumer accessed the
insurer's services through an independent insurance producer,
the insurer shall notify the producers of record of all
affected consumers as soon as practicable as directed by the
Director.
The insurer is excused from this obligation for those
instances in which it does not have the current producer of
record information for any individual consumer.
Section 30. Power of the Director.
(a) The Director has power to examine and investigation
into the affairs of any licensee to determine whether the
licensee has been or is engaged in any conduct in violation of
this Act. This power is in addition to the powers the Director
has under the Illinois Insurance Code. Any such investigation
or examination shall be conducted pursuant to the requirements
of the Illinois Insurance Code.
(b) Whenever the Director has reason to believe that a

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licensee has been or is engaged in conduct in this State that
violates this Act, the Director may take action that is
necessary or appropriate to enforce the provisions of this
Act.
Section 35. Confidentiality.
(a) Any documents, materials, or other information in the
control or possession of the Department that is furnished by
the licensee or an employee or agent thereof acting on behalf
of the licensee in accordance with subsection (i) of Section
15 or paragraph (2), (3), (4), (5), (8), (10), or (11) of
subsection (b) of Section 25 or that are obtained by, created
by, or disclosed to the Director in an investigation or
examination under Section 30 is confidential by law and
privileged, is not subject to the Freedom of Information Act,
is not subject to subpoena, and is not subject to discovery or
admissible in evidence in any private civil action. However,
the Director may 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. The
Director shall not otherwise make the documents, materials, or
other information public without the prior written consent of
the licensee.
(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

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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, its affiliates or subsidiaries,
and with state, federal, and international law enforcement
authorities, provided that 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, its affiliates or
subsidiaries, and from regulatory and law enforcement
officials of other foreign or domestic jurisdictions, and
shall maintain as confidential and 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;

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(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, its
affiliates, or its subsidiaries.
Section 40. Exceptions.
(a) The following exceptions shall apply to this Act:
(1) A licensee with fewer than 10 employees, including
any independent contractors, is exempt from Section 15 of
this Act.
(2) A licensee subject to the federal Health Insurance
Portability and Accountability Act that has established

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and maintains an information security program pursuant to
such statutes, rules, regulations, procedures, or
guidelines established thereunder will be considered to
meet the requirements of Section 15, provided that
licensee is compliant with, and submits a written
statement certifying its compliance with, the same.
(3) An employee, agent, representative, or designee of
a licensee, who is also a licensee, is exempt from Section
15 and need not develop its own information security
program to the extent that the employee, agent,
representative, or designee is covered by the information
security program of the other licensee.
(b) If a licensee ceases to qualify for an exception, such
licensee has 180 days to comply with this Act.
Section 45. Penalties. In the case of a violation of this
Act, a licensee may be penalized in accordance with the
provisions of the Illinois Insurance Code.
Section 50. Rules. The Department may, in accordance with
the Illinois Administrative Procedure Act, adopt rules to
implement the provisions of this Act.
Section 55. Severability. If any provision of this Act or
its application to any person or circumstance is for any
reason held to be invalid, the remainder of this Act and the

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application of such provision to other persons or
circumstances shall not be affected.
Section 900. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) 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.
(d) 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

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restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) 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.
(i) 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.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation

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under Section 11-212 of the Illinois Vehicle Code.
(l) 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.
(m) 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.
(n) 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.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) 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.

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(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) 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 Office 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
Portability and Accountability Act of 1996, Public Law
104-191, or any subsequent amendments thereto, and any
regulations promulgated thereunder.
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for

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or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure

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under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.

HB3040 - 30 - LRB102 09898 BMS 15216 b
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
(tt) Recordings made under the Children's Advocacy

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Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(bbb) Information that is exempt from disclosure under
Section 35 of the Insurance Data Security Act.
(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,

HB3040 - 32 - LRB102 09898 BMS 15216 b
eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
eff. 7-7-20.)
Section 999. Effective date. This Act takes effect on
January 1, 2022.