Illinois Compiled Statutes
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820 ILCS 405/1900
(820 ILCS 405/1900)
(from Ch. 48, par. 640)
Disclosure of information.
A. Except as provided in this Section, information obtained from any
individual or employing unit during the administration of this Act shall:
1. be confidential,
2. not be published or open to public inspection,
3. not be used in any court in any pending action or
4. not be admissible in evidence in any action or
proceeding other than one arising out of this Act.
B. No finding, determination, decision, ruling or order (including
any finding of fact, statement or conclusion made therein) issued pursuant
to this Act shall be admissible or used in evidence in any action other than
one arising out of this Act, nor shall it be binding or conclusive except
as provided in this Act, nor shall it constitute res judicata, regardless
of whether the actions were between the same or related parties or involved
the same facts.
C. Any officer or employee of this State, any officer or employee of any
entity authorized to obtain information pursuant to this Section, and any
agent of this State or of such entity
who, except with authority of
the Director under this Section, shall disclose information shall be guilty
of a Class B misdemeanor and shall be disqualified from holding any
appointment or employment by the State.
D. An individual or his duly authorized agent may be supplied with
information from records only to the extent necessary for the proper
presentation of his claim for benefits or with his existing or prospective
rights to benefits. Discretion to disclose this information belongs
solely to the Director and is not subject to a release or waiver by the
Notwithstanding any other provision to the contrary, an individual or his or
her duly authorized agent may be supplied with a statement of the amount of
benefits paid to the individual during the 18 months preceding the date of his
or her request.
E. An employing unit may be furnished with information, only if deemed by
the Director as necessary to enable it to fully discharge its obligations or
safeguard its rights under the Act. Discretion to disclose this information
belongs solely to the Director and is not subject to a release or waiver by the
F. The Director may furnish any information that he may deem proper to
any public officer or public agency of this or any other State or of the
federal government dealing with:
1. the administration of relief,
2. public assistance,
3. unemployment compensation,
4. a system of public employment offices,
5. wages and hours of employment, or
6. a public works program.
The Director may make available to the Illinois Workers' Compensation Commission
information regarding employers for the purpose of verifying the insurance
coverage required under the Workers' Compensation Act and Workers'
Occupational Diseases Act.
G. The Director may disclose information submitted by the State or any
of its political subdivisions, municipal corporations, instrumentalities,
or school or community college districts, except for information which
specifically identifies an individual claimant.
H. The Director shall disclose only that information required to be
disclosed under Section 303 of the Social Security Act, as amended, including:
1. any information required to be given the United
States Department of Labor under Section 303(a)(6); and
2. the making available upon request to any agency of
the United States charged with the administration of public works or assistance through public employment, the name, address, ordinary occupation and employment status of each recipient of unemployment compensation, and a statement of such recipient's right to further compensation under such law as required by Section 303(a)(7); and
3. records to make available to the Railroad
Retirement Board as required by Section 303(c)(1); and
4. information that will assure reasonable
cooperation with every agency of the United States charged with the administration of any unemployment compensation law as required by Section 303(c)(2); and
5. information upon request and on a reimbursable
basis to the United States Department of Agriculture and to any State food stamp agency concerning any information required to be furnished by Section 303(d); and
6. any wage information upon request and on a
reimbursable basis to any State or local child support enforcement agency required by Section 303(e); and
7. any information required under the income
eligibility and verification system as required by Section 303(f); and
8. information that might be useful in locating an
absent parent or that parent's employer, establishing paternity or establishing, modifying, or enforcing child support orders for the purpose of a child support enforcement program under Title IV of the Social Security Act upon the request of and on a reimbursable basis to the public agency administering the Federal Parent Locator Service as required by Section 303(h); and
9. information, upon request, to representatives of
any federal, State or local governmental public housing agency with respect to individuals who have signed the appropriate consent form approved by the Secretary of Housing and Urban Development and who are applying for or participating in any housing assistance program administered by the United States Department of Housing and Urban Development as required by Section 303(i).
I. The Director, upon the request of a public agency of Illinois, of the
federal government or of any other state charged with the investigation or
enforcement of Section 10-5 of the Criminal Code of 2012 (or a similar
federal law or similar law of another State), may furnish the public agency
information regarding the individual specified in the request as to:
1. the current or most recent home address of the
2. the names and addresses of the individual's
J. Nothing in this Section shall be deemed to interfere with the
disclosure of certain records as provided for in Section 1706 or with the
right to make available to the Internal Revenue Service of the United
States Department of the Treasury, or the Department of Revenue of the
State of Illinois, information obtained under this Act.
K. The Department shall make available to the Illinois Student Assistance
Commission, upon request, information in the possession of the Department that
may be necessary or useful to the
Commission in the collection of defaulted or delinquent student loans which
the Commission administers.
L. The Department shall make available to the State Employees'
Retirement System, the State Universities Retirement System, the
Teachers' Retirement System of the State of Illinois, and the Department of Central Management Services, Risk Management Division, upon request,
information in the possession of the Department that may be necessary or useful
to the System or the Risk Management Division for the purpose of determining whether any recipient of a
disability benefit from the System or a workers' compensation benefit from the Risk Management Division is gainfully employed.
M. This Section shall be applicable to the information obtained in the
administration of the State employment service, except that the Director
may publish or release general labor market information and may furnish
information that he may deem proper to an individual, public officer or
public agency of this or any other State or the federal government (in
addition to those public officers or public agencies specified in this
Section) as he prescribes by Rule.
N. The Director may require such safeguards as he deems proper to insure
that information disclosed pursuant to this Section is used only for the
purposes set forth in this Section.
O. Nothing in this Section prohibits communication with an individual or entity through unencrypted e-mail or other unencrypted electronic means as long as the communication does not contain the individual's or entity's name in combination with any one or more of the individual's or entity's social security number; driver's license or State identification number; credit or debit card number; or any required security code, access code, or password that would permit access to further information pertaining to the individual or entity.
Q. The Director shall make available to an elected federal
official the name and address of an individual or entity that is located within
the jurisdiction from which the official was elected and that, for the most
recently completed calendar year, has reported to the Department as paying
wages to workers, where the information will be used in connection with the
official duties of the official and the official requests the information in
writing, specifying the purposes for which it will be used.
For purposes of this subsection, the use of information in connection with the
official duties of an official does not include use of the information in
connection with the solicitation of contributions or expenditures, in money or
in kind, to or on behalf of a candidate for public or political office or a
political party or with respect to a public question, as defined in Section 1-3
of the Election Code, or in connection with any commercial solicitation. Any
elected federal official who, in submitting a request for information
covered by this subsection, knowingly makes a false statement or fails to
disclose a material fact, with the intent to obtain the information for a
purpose not authorized by this subsection, shall be guilty of a Class B
R. The Director may provide to any State or local child support
agency, upon request and on a reimbursable basis, information that might be
useful in locating an absent parent or that parent's employer, establishing
paternity, or establishing, modifying, or enforcing child support orders.
S. The Department shall make available to a State's Attorney of this
State or a State's Attorney's investigator,
upon request, the current address or, if the current address is
unavailable, current employer information, if available, of a victim of
a felony or a
witness to a felony or a person against whom an arrest warrant is
T. The Director shall make available to the Department of State Police, a county sheriff's office, or a municipal police department, upon request, any information concerning the current address and place of employment or former places of employment of a person who is required to register as a sex offender under the Sex Offender Registration Act that may be useful in enforcing the registration provisions of that Act.
U. The Director shall make information available to the Department of Healthcare and Family Services and the Department of Human Services for the purpose of determining eligibility for public benefit programs authorized under the Illinois Public Aid Code and related statutes administered by those departments, for verifying sources and amounts of income, and for other purposes directly connected with the administration of those programs.
V. The Director shall make information available to the State Board of Elections as may be required by an agreement the State Board of Elections has entered into with a multi-state voter registration list maintenance system.
W. The Director shall make information available to the State Treasurer's office and the Department of Revenue for the purpose of facilitating compliance with the Illinois Secure Choice Savings Program Act, including employer contact information for employers with 25 or more employees and any other information the Director deems appropriate that is directly related to the administration of this program.
(Source: P.A. 99-571, eff. 7-15-16; 99-933, eff. 1-27-17; 100-484, eff. 9-8-17.)