HB2130 EnrolledLRB103 04780 BMS 49790 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Insurance Data Security Law.
 
6    Section 2. Purpose and intent.
7    (a) The purpose and intent of this Act is to establish
8standards for data security and standards for the
9investigation of and notification to the Director of a
10cybersecurity event applicable to licensees.
11    (b) This Act shall not be construed to create or imply a
12private cause of action for a violation of its provisions nor
13shall it be construed to curtail a private cause of action
14which would otherwise exist in the absence of this Act.
 
15    Section 5. Definitions. As used in this Act:
16    "Authorized individual" means an individual known to and
17screened by the licensee and determined to be necessary and
18appropriate to have access to the nonpublic information held
19by the licensee and its information systems.
20    "Consumer" means an individual, including, but not limited
21to, an applicant, policyholder, insured, beneficiary,
22claimant, or certificate holder who is a resident of this

 

 

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1State and whose nonpublic information is in a licensee's
2possession, custody, or control.
3    "Cybersecurity event" means an event resulting in
4unauthorized access to, disruption, or misuse of an
5information system or information stored on such information
6system. "Cybersecurity event" does not include the
7unauthorized acquisition of encrypted nonpublic information if
8the encryption, process, or key is not also acquired,
9released, or used without authorization. "Cybersecurity event"
10does not include an event with regard to which the licensee has
11determined that the nonpublic information accessed by an
12unauthorized person has not been used or released and has been
13returned or destroyed.
14    "Department" means the Department of Insurance.
15    "Director" means the Director of Insurance.
16    "Encrypted" means the transformation of data into a form
17which results in a low probability of assigning meaning
18without the use of a protective process or key.
19    "Information security program" means the administrative,
20technical, and physical safeguards that a licensee uses to
21access, collect, distribute, process, protect, store, use,
22transmit, dispose of, or otherwise handle nonpublic
23information.
24    "Information system" means a discrete set of electronic
25information resources organized for the collection,
26processing, maintenance, use, sharing, dissemination, or

 

 

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1disposition of electronic information, as well as any
2specialized system such as industrial and process controls
3systems, telephone switching and private branch exchange
4systems, and environmental control systems.
5    "Licensee" means any person licensed, authorized to
6operate, or registered, or required to be licensed,
7authorized, or registered pursuant to the insurance laws of
8this State. "Licensee" does not include a purchasing group or
9a risk retention group chartered and licensed in a state other
10than this State or a licensee that is acting as an assuming
11insurer that is domiciled in another state or jurisdiction.
12    "Multi-factor authentication" means authentication
13through verification of at least 2 of the following types of
14authentication factors:
15        (1) knowledge factors, including a password;
16        (2) possession factors, including a token or text
17    message on a mobile phone; or
18        (3) inherence factors, including a biometric
19    characteristic.
20    "Nonpublic information" means information that is not
21publicly available information and that is:
22        (1) business-related information of a licensee the
23    tampering with which, or unauthorized disclosure, access,
24    or use of which, would cause a material adverse impact to
25    the business, operations, or security of the licensee;
26        (2) any information concerning a consumer which

 

 

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1    because of name, number, personal mark, or other
2    identifier can be used to identify such consumer, in
3    combination with any one or more of the following data
4    elements:
5            (A) social security number;
6            (B) driver's license number or nondriver
7        identification card number;
8            (C) financial account number, credit card number,
9        or debit card number;
10            (D) any security code, access code, or password
11        that would permit access to a consumer's financial
12        account; or
13            (E) biometric records; or
14        (3) any information or data, except age or gender, in
15    any form or medium created by or derived from a health care
16    provider or a consumer and that relates to:
17            (A) the past, present, or future physical, mental,
18        or behavioral health or condition of any consumer or a
19        member of the consumer's family;
20            (B) the provision of health care to any consumer;
21        or
22            (C) payment for the provision of health care to
23        any consumer.
24    "Person" means any individual or any nongovernmental
25entity, including, but not limited to, any nongovernmental
26partnership, corporation, branch, agency, or association.

 

 

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1    "Publicly available information" means any information
2that a licensee has a reasonable basis to believe is lawfully
3made available to the general public from federal, State, or
4local government records; widely distributed media; or
5disclosures to the general public that are required to be made
6by federal, State, or local law. "Publicly available
7information" includes information that a consumer may direct
8not to be made available to the general public, but that the
9consumer has not directed not be made available.
10    "Risk assessment" means the risk assessment that each
11licensee is required to conduct under subsection (c) of
12Section 10.
13    "Third-party service provider" means a person, not
14otherwise defined as a licensee, that contracts with a
15licensee to maintain, process, store, or otherwise is
16permitted access to nonpublic information through its
17provision of services to the licensee.
 
18    Section 10. Information security program.
19    (a) Commensurate with the size and complexity of the
20licensee, the nature and scope of the licensee's activities,
21including its use of third-party service providers, and the
22sensitivity of the nonpublic information used by the licensee
23or in the licensee's possession, custody, or control, each
24licensee shall develop, implement, and maintain a
25comprehensive written information security program based on

 

 

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1the licensee's risk assessment and that contains
2administrative, technical, and physical safeguards for the
3protection of nonpublic information and the licensee's
4information system.
5    (b) A licensee's information security program shall be
6designed to:
7        (1) protect the security and confidentiality of
8    nonpublic information and the security of the information
9    system;
10        (2) protect against any threats or hazards to the
11    security or integrity of nonpublic information and the
12    information system;
13        (3) protect against unauthorized access to or use of
14    nonpublic information;
15        (4) minimize the likelihood of harm to any consumer;
16    and
17        (5) define and periodically reevaluate a schedule for
18    retention of nonpublic information and a mechanism for its
19    destruction when no longer needed, except if the
20    information is otherwise required to be retained by law or
21    rule or if targeted disposal is not reasonably feasible
22    due to the manner in which the information is maintained.
23    (c) A licensee shall:
24        (1) designate one or more employees, an affiliate, or
25    an outside vendor designated to act on behalf of the
26    licensee who is responsible for the information security

 

 

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1    program;
2        (2) identify reasonably foreseeable internal or
3    external threats that could result in unauthorized access,
4    transmission, disclosure, misuse, alteration, or
5    destruction of nonpublic information, including the
6    security of information systems and nonpublic information
7    that are accessible to or held by third-party service
8    providers;
9        (3) assess the likelihood and potential damage of
10    these threats, taking into consideration the sensitivity
11    of the nonpublic information;
12        (4) assess the sufficiency of policies, procedures,
13    information systems, and other safeguards in place to
14    manage these threats, including consideration of threats
15    in each relevant area of the licensee's operations,
16    including:
17            (A) employee training and management;
18            (B) information systems, including network and
19        software design, as well as information
20        classification, governance, processing, storage,
21        transmission, and disposal; and
22            (C) detecting, preventing, and responding to
23        attacks, intrusions, or other systems failures; and
24        (5) implement information safeguards to manage the
25    threats identified in its ongoing assessment, and, no less
26    than annually, assess the effectiveness of the safeguards'

 

 

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1    key controls, systems, and procedures.
2    (d) Based on its risk assessment, the licensee shall:
3        (1) design its information security program to
4    mitigate the identified risks, commensurate with the size
5    and complexity of the licensee, the nature and scope of
6    the licensee's activities, including its use of
7    third-party service providers, and the sensitivity of the
8    nonpublic information used by the licensee or in the
9    licensee's possession, custody, or control;
10        (2) select and implement appropriate security measures
11    from the following:
12            (A) place access controls on information systems,
13        including controls to authenticate and permit access
14        only to authorized individuals to protect against the
15        unauthorized acquisition of nonpublic information;
16            (B) identify and manage the data, personnel,
17        devices, systems, and facilities that enable the
18        organization to achieve business purposes in
19        accordance with their relative importance to business
20        objectives and the organization's risk strategy;
21            (C) restrict access at physical locations
22        containing nonpublic information only to authorized
23        individuals;
24            (D) protect, by encryption or other appropriate
25        means, all nonpublic information while being
26        transmitted over an external network and all nonpublic

 

 

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1        information stored on a laptop computer or other
2        portable computing or storage device or media;
3            (E) adopt secure development practices for
4        in-house-developed applications utilized by the
5        licensee and procedures for evaluating, assessing, or
6        testing the security of externally developed
7        applications utilized by the licensee;
8            (F) modify the information system in accordance
9        with the licensee's information security program;
10            (G) utilize effective controls, including
11        multifactor authentication procedures for any
12        individual accessing nonpublic information;
13            (H) regularly test and monitor systems and
14        procedures to detect actual and attempted attacks on
15        or intrusions into information systems;
16            (I) include audit trails within the information
17        security program designed to detect and respond to
18        cybersecurity events and designed to reconstruct
19        material financial transactions sufficient to support
20        normal operations and obligations of the licensee;
21            (J) implement measures to protect against
22        destruction, loss, or damage of nonpublic information
23        due to environmental hazards, including fire and water
24        damage, other catastrophes, or technological failures;
25        and
26            (K) develop, implement, and maintain procedures

 

 

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1        for the secure disposal of nonpublic information in
2        any format;
3        (3) include cybersecurity risks in the licensee's
4    enterprise risk management process;
5        (4) stay informed regarding emerging threats or
6    vulnerabilities and utilize reasonable security measures
7    when sharing information relative to the character of the
8    sharing and the type of information shared; and
9        (5) provide its personnel with cybersecurity awareness
10    training that is updated as necessary to reflect risks
11    identified by the licensee in the risk assessment.
12    (e) If the licensee has a board of directors, the board or
13an appropriate committee of the board shall, at a minimum:
14        (1) require the licensee's executive management or its
15    delegates to develop, implement, and maintain the
16    licensee's information security program;
17        (2) require the licensee's executive management or its
18    delegates to report in writing, at least annually, the
19    following information:
20            (A) the overall status of the information security
21        program and the licensee's compliance with this Act;
22        and
23            (B) material matters related to the information
24        security program, addressing issues such as risk
25        assessment, risk management and control decisions,
26        third-party service provider arrangements, results of

 

 

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1        testing, cybersecurity events or violations and
2        management's responses thereto, and recommendations
3        for changes in the information security program; and
4        (3) if executive management delegates any of its
5    responsibilities under this Section, it shall oversee the
6    development, implementation, and maintenance of the
7    licensee's information security program prepared by the
8    delegate and shall receive a report from the delegate
9    complying with the requirements of the report to the board
10    of directors.
11    (f) A licensee shall exercise due diligence in selecting
12its third-party service provider and a licensee shall require
13a third-party service provider to implement appropriate
14administrative, technical, and physical measures to protect
15and secure the information systems and nonpublic information
16that are accessible to or held by the third-party service
17provider.
18    (g) The licensee shall monitor, evaluate, and adjust, as
19appropriate, the information security program consistent with
20any relevant changes in technology, the sensitivity of its
21nonpublic information, internal or external threats to
22information, and the licensee's own changing business
23arrangements, including mergers and acquisitions, alliances
24and joint ventures, outsourcing arrangements, and changes to
25information systems.
26    (h) As part of its information security program, a

 

 

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1licensee shall establish a written incident response plan
2designed to promptly respond to and recover from any
3cybersecurity event that compromises the confidentiality,
4integrity, or availability of nonpublic information in its
5possession, the licensee's information systems, or the
6continuing functionality of any aspect of the licensee's
7business or operations. The incident response plan shall
8address the following areas:
9        (1) the internal process for responding to a
10    cybersecurity event;
11        (2) the goals of the incident response plan;
12        (3) the definition of clear roles, responsibilities,
13    and levels of decision-making authority;
14        (4) external and internal communications and
15    information sharing;
16        (5) identification of requirements for the remediation
17    of any identified weaknesses in information systems and
18    associated controls;
19        (6) documentation and reporting regarding
20    cybersecurity events and related incident response
21    activities; and
22        (7) the evaluation and revision of the incident
23    response plan following a cybersecurity event, as
24    necessary.
25    (i) Annually, an insurer domiciled in this State shall
26submit to the Director a written statement by April 15

 

 

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1certifying that the insurer is in compliance with the
2requirements set forth in this Section. Each insurer shall
3maintain for examination by the Department all records,
4schedules, and data supporting this certificate for a period
5of 5 years. To the extent an insurer has identified areas,
6systems, or processes that require material improvement,
7updating, or redesign, the insurer shall document the
8identification and the remedial efforts planned and underway
9to address such areas, systems, or processes. The
10documentation of identified areas, systems, or processes must
11be available for inspection by the Director.
12    (j) Licensees shall comply with subsection (f) 2 years
13after the effective date of this Act, and shall comply with all
14other subsections of this Section one year after the effective
15date of this Act.
 
16    Section 15. Investigation of a cybersecurity event.
17    (a) If the licensee learns that a cybersecurity event has
18occurred or may have occurred, the licensee, or an outside
19vendor or service provider designated to act on behalf of the
20licensee, shall conduct a prompt investigation.
21    (b) During the investigation the licensee, or an outside
22vendor or service provider designated to act on behalf of the
23licensee, shall, at a minimum, comply with as many of the
24following as possible:
25        (1) determine whether a cybersecurity event has

 

 

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1    occurred;
2        (2) assess the nature and scope of the cybersecurity
3    event;
4        (3) identify any nonpublic information that may have
5    been involved in the cybersecurity event; and
6        (4) perform or oversee reasonable measures to restore
7    the security of the information systems compromised in the
8    cybersecurity event in order to prevent further
9    unauthorized acquisition, release, or use of nonpublic
10    information in the licensee's possession, custody, or
11    control.
12    (c) If the licensee learns that a cybersecurity event has
13occurred or may have occurred in a system maintained by a
14third-party service provider, the licensee will complete the
15steps listed in subsection (b) or confirm and document that
16the third-party service provider has completed those steps.
17    (d) The licensee shall maintain records concerning all
18cybersecurity events for a period of at least 5 years from the
19date of the cybersecurity event and shall produce those
20records upon demand of the Director.
 
21    Section 20. Notification of a cybersecurity event.
22    (a) A licensee shall notify the Director as promptly as
23possible but no later than 3 business days after a
24determination that a cybersecurity event has occurred when
25either of the following criteria has been met:

 

 

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1        (1) this State is the licensee's state of domicile, in
2    the case of an insurer, or this State is the licensee's
3    home state, in the case of an insurance producer, as those
4    terms are defined in Article XXXI of the Illinois
5    Insurance Code, and the cybersecurity event has a
6    reasonable likelihood of materially harming any consumer
7    residing in this State or any material part of the normal
8    operations of the licensee; or
9        (2) the licensee reasonably believes that the
10    nonpublic information involved is of 250 or more consumers
11    residing in this State and that is either of the
12    following:
13            (A) a cybersecurity event impacting the licensee
14        of which notice is required to be provided to any
15        government body, self-regulatory agency, or any other
16        supervisory body pursuant to any State or federal law;
17        or
18            (B) a cybersecurity event that has a reasonable
19        likelihood of materially harming:
20                (i) any consumer residing in this State; or
21                (ii) any material part of the normal
22            operations of the licensee.
23    (b) A licensee shall provide as much of the following
24information as possible:
25        (1) the date of the cybersecurity event;
26        (2) a description of how the information was exposed,

 

 

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1    lost, stolen, or breached, including the specific roles
2    and responsibilities of third-party service providers, if
3    any;
4        (3) how the cybersecurity event was discovered;
5        (4) whether any lost, stolen, or breached information
6    has been recovered and if so, how it was recovered;
7        (5) the identity of the source of the cybersecurity
8    event;
9        (6) whether the licensee has filed a police report or
10    has notified any regulatory, government, or law
11    enforcement agencies and, if so, when such notification
12    was provided;
13        (7) a description of the specific types of information
14    acquired without authorization, including types of medical
15    information, types of financial information, or types of
16    information allowing identification of the consumer;
17        (8) the period during which the information system was
18    compromised by the cybersecurity event;
19        (9) the number of total consumers in this State
20    affected by the cybersecurity event; the licensee shall
21    provide the best estimate in the initial report to the
22    Director and update this estimate with each subsequent
23    report to the Director pursuant to this Section;
24        (10) the results of any internal review identifying a
25    lapse in either automated controls or internal procedures,
26    or confirming that all automated controls or internal

 

 

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1    procedures were followed;
2        (11) a description of efforts being undertaken to
3    remediate the situation which permitted the cybersecurity
4    event to occur;
5        (12) a copy of the licensee's privacy policy and a
6    statement outlining the steps the licensee will take to
7    investigate and notify consumers affected by the
8    cybersecurity event; and
9        (13) the name of a contact person who is both familiar
10    with the cybersecurity event and authorized to act for the
11    licensee.
12    The licensee shall provide the information in electronic
13form as directed by the Director. The licensee shall have a
14continuing obligation to update and supplement initial and
15subsequent notifications to the Director regarding material
16changes to previously provided information relating to the
17cybersecurity event.
18    (c) Licensees shall comply with the Personal Information
19Protection Act, as applicable, and provide a copy of the
20notice sent to consumers under that statute to the Director
21when a licensee is required to notify the Director under
22subsection (a).
23    (d) If a licensee becomes aware of a cybersecurity event
24in a system maintained by a third-party service provider, the
25licensee shall treat the event as it would under subsection
26(a) unless the third-party service provider provides the

 

 

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1notice required under subsection (a) to the Director. The
2computation of licensee's deadlines shall begin on the day
3after the third-party service provider notifies the licensee
4of the cybersecurity event or the licensee otherwise has
5actual knowledge of the cybersecurity event, whichever is
6sooner.
7    (e) Nothing in this Act shall prevent or abrogate an
8agreement between a licensee and another licensee, a
9third-party service provider, or any other party to fulfill
10any of the investigation requirements imposed under Section 15
11or notice requirements imposed under this Section.
12    (f) In the case of a cybersecurity event involving
13nonpublic information that is used by the licensee that is
14acting as an assuming insurer or in the possession, custody,
15or control of a licensee that is acting as an assuming insurer
16and that does not have a direct contractual relationship with
17the affected consumers, the assuming insurer shall notify its
18affected ceding insurers and the Director of its state of
19domicile within 3 business days after making the determination
20that a cybersecurity event has occurred.
21    In the case of a cybersecurity event involving nonpublic
22information that is in the possession, custody, or control of
23a third-party service provider of a licensee that is an
24assuming insurer, the assuming insurer shall notify its
25affected ceding insurers and the Director of its state of
26domicile within 3 business days after receiving notice from

 

 

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1its third-party service provider that a cybersecurity event
2has occurred.
3    The ceding insurers that have a direct contractual
4relationship with affected consumers shall fulfill the
5consumer notification requirements imposed under the Personal
6Information Protection Act and any other notification
7requirements relating to a cybersecurity event imposed under
8this Section.
9    (g) In the case of a cybersecurity event involving
10nonpublic information that is in the possession, custody, or
11control of a licensee that is an insurer or its third-party
12service provider and for which a consumer accessed the
13insurer's services through an independent insurance producer,
14the insurer shall notify the producers of record of all
15affected consumers as soon as practicable as directed by the
16Director. The insurer is excused from this obligation for
17those instances in which it does not have the current producer
18of record information for any individual consumer.
 
19    Section 25. Power of Director.
20    (a) The Director shall have power to examine and
21investigate the affairs of any licensee to determine whether
22the licensee has been or is engaged in any conduct in violation
23of this Act. This power is in addition to the powers which the
24Director has under the Illinois Insurance Code, including
25Sections 132, 132.3, 132.4, 133, 401, 402, 403, and 425 of the

 

 

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1Illinois Insurance Code. Any investigation or examination
2shall be conducted pursuant to the Illinois Insurance Code,
3including Sections 132, 132.3, 132.4, 133, 401, 402, 403, and
4425 of the Illinois Insurance Code.
5    (b) Whenever the Director has reason to believe that a
6licensee has been or is engaged in conduct in this State which
7violates this Act, the Director may take action that is
8necessary or appropriate to enforce the provisions of this
9Act.
 
10    Section 30. Confidentiality.
11    (a) Any documents, materials, or other information in the
12control or possession of the Department that are furnished by
13a licensee or an employee or agent thereof acting on behalf of
14licensee pursuant to subsection (i) of Section 10, subsection
15(b) of Section 20, or that are obtained by the Director in an
16investigation or examination pursuant to Section 25 shall be
17confidential by law and privileged, shall not be subject to
18the Freedom of Information Act, shall not be subject to
19subpoena, and shall not be subject to discovery or admissible
20in evidence in any private civil action. However, the Director
21is authorized to use the documents, materials, or other
22information in the furtherance of any regulatory or legal
23action brought as a part of the Director's duties.
24    (b) Neither the Director nor any person who received
25documents, materials, or other information while acting under

 

 

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1the authority of the Director shall be permitted or required
2to testify in any private civil action concerning any
3confidential documents, materials, or information subject to
4subsection (a).
5    (c) In order to assist in the performance of the
6Director's duties under this Act, the Director:
7        (1) may share documents, materials, or other
8    information, including the confidential and privileged
9    documents, materials, or information subject to subsection
10    (a), with other State, federal, and international
11    regulatory agencies, with the National Association of
12    Insurance Commissioners and its affiliates or
13    subsidiaries, and with State, federal, and international
14    law enforcement authorities, if the recipient agrees in
15    writing to maintain the confidentiality and privileged
16    status of the document, material, or other information;
17        (2) may receive documents, materials, or information,
18    including otherwise confidential and privileged documents,
19    materials, or information, from the National Association
20    of Insurance Commissioners and its affiliates or
21    subsidiaries and from regulatory and law enforcement
22    officials of other foreign or domestic jurisdictions, and
23    shall maintain as confidential or privileged any document,
24    material, or information received with notice or the
25    understanding that it is confidential or privileged under
26    the laws of the jurisdiction that is the source of the

 

 

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1    document, material, or information;
2        (3) may share documents, materials, or other
3    information subject to subsection (a), with a third-party
4    consultant or vendor if the consultant agrees in writing
5    to maintain the confidentiality and privileged status of
6    the document, material, or other information; and
7        (4) may enter into agreements governing sharing and
8    use of information consistent with this subsection.
9    (d) No waiver of any applicable privilege or claim of
10confidentiality in the documents, materials, or information
11shall occur as a result of disclosure to the Director under
12this Section or as a result of sharing as authorized in
13subsection (c).
14    (e) Nothing in this Act shall prohibit the Director from
15releasing final, adjudicated actions that are open to public
16inspection pursuant to the Illinois Insurance Code to a
17database or other clearinghouse service maintained by the
18National Association of Insurance Commissioners and its
19affiliates or subsidiaries.
 
20    Section 35. Exceptions.
21    (a) The following exceptions shall apply to this Act:
22        (1) A licensee with fewer than 50 employees, including
23    any independent contractors, is exempt from Section 10.
24        (2) A licensee that is subject to, governed by, and
25    compliant with the privacy, security, and breach

 

 

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1    notification rules issued by the United States Department
2    of Health and Human Services, Parts 160 and 164 of Title 45
3    of the Code of Federal Regulations, established pursuant
4    to the Health Insurance Portability and Accountability Act
5    of 1996, Public Law 104-191, and the Health Information
6    Technology for Economic and Clinical Health Act, Public
7    Law 111-5, HITECH, and that maintains nonpublic
8    information in the same manner as protected health
9    information pursuant to an information security program
10    shall be considered to meet the requirements of Section 10
11    and Section 15 of this Act. To claim this exemption, the
12    licensee must submit an annual statement by April 15
13    certifying its compliance with the applicable provisions
14    of federal law referenced in this paragraph.
15        (3) An employee, agent, representative, or designee of
16    a licensee that is also a licensee is exempt from Section
17    10 and need not develop its own information security
18    program to the extent that the employee, agent,
19    representative, or designee is covered by the information
20    security program of the other licensee.
21    (b) If a licensee ceases to qualify for an exception, the
22licensee shall demonstrate a good faith effort to comply with
23this Act within 180 days and shall certify compliance in
24accordance with subsection (i) of Section 10 no sooner than
25one year after ceasing to qualify for an exception.
 

 

 

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1    Section 40. Penalties. In the case of a violation of this
2Act, a licensee may be penalized in accordance with the
3provisions of the Illinois Insurance Code, including Section
4403A of the Illinois Insurance Code.
 
5    Section 45. Rules. The Department may, in accordance with
6the Illinois Administrative Procedure Act and Section 401 of
7the Illinois Insurance Code, adopt such rules as shall be
8necessary to carry out the provisions of this Act.
 
9    Section 50. Severability. If any provision of this Act or
10its application to any person or circumstance is held invalid,
11the invalidity of that provision or application does not
12affect other provisions or applications of this Act that can
13be given effect without the invalid provision or application.
 
14    Section 105. The Freedom of Information Act is amended by
15changing Section 7.5 as follows:
 
16    (5 ILCS 140/7.5)
17    Sec. 7.5. Statutory exemptions. To the extent provided for
18by the statutes referenced below, the following shall be
19exempt from inspection and copying:
20        (a) All information determined to be confidential
21    under Section 4002 of the Technology Advancement and
22    Development Act.

 

 

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1        (b) Library circulation and order records identifying
2    library users with specific materials under the Library
3    Records Confidentiality Act.
4        (c) Applications, related documents, and medical
5    records received by the Experimental Organ Transplantation
6    Procedures Board and any and all documents or other
7    records prepared by the Experimental Organ Transplantation
8    Procedures Board or its staff relating to applications it
9    has received.
10        (d) Information and records held by the Department of
11    Public Health and its authorized representatives relating
12    to known or suspected cases of sexually transmissible
13    disease or any information the disclosure of which is
14    restricted under the Illinois Sexually Transmissible
15    Disease Control Act.
16        (e) Information the disclosure of which is exempted
17    under Section 30 of the Radon Industry Licensing Act.
18        (f) Firm performance evaluations under Section 55 of
19    the Architectural, Engineering, and Land Surveying
20    Qualifications Based Selection Act.
21        (g) Information the disclosure of which is restricted
22    and exempted under Section 50 of the Illinois Prepaid
23    Tuition Act.
24        (h) Information the disclosure of which is exempted
25    under the State Officials and Employees Ethics Act, and
26    records of any lawfully created State or local inspector

 

 

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1    general's office that would be exempt if created or
2    obtained by an Executive Inspector General's office under
3    that Act.
4        (i) Information contained in a local emergency energy
5    plan submitted to a municipality in accordance with a
6    local emergency energy plan ordinance that is adopted
7    under Section 11-21.5-5 of the Illinois Municipal Code.
8        (j) Information and data concerning the distribution
9    of surcharge moneys collected and remitted by carriers
10    under the Emergency Telephone System Act.
11        (k) Law enforcement officer identification information
12    or driver identification information compiled by a law
13    enforcement agency or the Department of Transportation
14    under Section 11-212 of the Illinois Vehicle Code.
15        (l) Records and information provided to a residential
16    health care facility resident sexual assault and death
17    review team or the Executive Council under the Abuse
18    Prevention Review Team Act.
19        (m) Information provided to the predatory lending
20    database created pursuant to Article 3 of the Residential
21    Real Property Disclosure Act, except to the extent
22    authorized under that Article.
23        (n) Defense budgets and petitions for certification of
24    compensation and expenses for court appointed trial
25    counsel as provided under Sections 10 and 15 of the
26    Capital Crimes Litigation Act. This subsection (n) shall

 

 

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1    apply until the conclusion of the trial of the case, even
2    if the prosecution chooses not to pursue the death penalty
3    prior to trial or sentencing.
4        (o) Information that is prohibited from being
5    disclosed under Section 4 of the Illinois Health and
6    Hazardous Substances Registry Act.
7        (p) Security portions of system safety program plans,
8    investigation reports, surveys, schedules, lists, data, or
9    information compiled, collected, or prepared by or for the
10    Department of Transportation under Sections 2705-300 and
11    2705-616 of the Department of Transportation Law of the
12    Civil Administrative Code of Illinois, the Regional
13    Transportation Authority under Section 2.11 of the
14    Regional Transportation Authority Act, or the St. Clair
15    County Transit District under the Bi-State Transit Safety
16    Act.
17        (q) Information prohibited from being disclosed by the
18    Personnel Record Review Act.
19        (r) Information prohibited from being disclosed by the
20    Illinois School Student Records Act.
21        (s) Information the disclosure of which is restricted
22    under Section 5-108 of the Public Utilities Act.
23        (t) All identified or deidentified health information
24    in the form of health data or medical records contained
25    in, stored in, submitted to, transferred by, or released
26    from the Illinois Health Information Exchange, and

 

 

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1    identified or deidentified health information in the form
2    of health data and medical records of the Illinois Health
3    Information Exchange in the possession of the Illinois
4    Health Information Exchange Office due to its
5    administration of the Illinois Health Information
6    Exchange. The terms "identified" and "deidentified" shall
7    be given the same meaning as in the Health Insurance
8    Portability and Accountability Act of 1996, Public Law
9    104-191, or any subsequent amendments thereto, and any
10    regulations promulgated thereunder.
11        (u) Records and information provided to an independent
12    team of experts under the Developmental Disability and
13    Mental Health Safety Act (also known as Brian's Law).
14        (v) Names and information of people who have applied
15    for or received Firearm Owner's Identification Cards under
16    the Firearm Owners Identification Card Act or applied for
17    or received a concealed carry license under the Firearm
18    Concealed Carry Act, unless otherwise authorized by the
19    Firearm Concealed Carry Act; and databases under the
20    Firearm Concealed Carry Act, records of the Concealed
21    Carry Licensing Review Board under the Firearm Concealed
22    Carry Act, and law enforcement agency objections under the
23    Firearm Concealed Carry Act.
24        (v-5) Records of the Firearm Owner's Identification
25    Card Review Board that are exempted from disclosure under
26    Section 10 of the Firearm Owners Identification Card Act.

 

 

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1        (w) Personally identifiable information which is
2    exempted from disclosure under subsection (g) of Section
3    19.1 of the Toll Highway Act.
4        (x) Information which is exempted from disclosure
5    under Section 5-1014.3 of the Counties Code or Section
6    8-11-21 of the Illinois Municipal Code.
7        (y) Confidential information under the Adult
8    Protective Services Act and its predecessor enabling
9    statute, the Elder Abuse and Neglect Act, including
10    information about the identity and administrative finding
11    against any caregiver of a verified and substantiated
12    decision of abuse, neglect, or financial exploitation of
13    an eligible adult maintained in the Registry established
14    under Section 7.5 of the Adult Protective Services Act.
15        (z) Records and information provided to a fatality
16    review team or the Illinois Fatality Review Team Advisory
17    Council under Section 15 of the Adult Protective Services
18    Act.
19        (aa) Information which is exempted from disclosure
20    under Section 2.37 of the Wildlife Code.
21        (bb) Information which is or was prohibited from
22    disclosure by the Juvenile Court Act of 1987.
23        (cc) Recordings made under the Law Enforcement
24    Officer-Worn Body Camera Act, except to the extent
25    authorized under that Act.
26        (dd) Information that is prohibited from being

 

 

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1    disclosed under Section 45 of the Condominium and Common
2    Interest Community Ombudsperson Act.
3        (ee) Information that is exempted from disclosure
4    under Section 30.1 of the Pharmacy Practice Act.
5        (ff) Information that is exempted from disclosure
6    under the Revised Uniform Unclaimed Property Act.
7        (gg) Information that is prohibited from being
8    disclosed under Section 7-603.5 of the Illinois Vehicle
9    Code.
10        (hh) Records that are exempt from disclosure under
11    Section 1A-16.7 of the Election Code.
12        (ii) Information which is exempted from disclosure
13    under Section 2505-800 of the Department of Revenue Law of
14    the Civil Administrative Code of Illinois.
15        (jj) Information and reports that are required to be
16    submitted to the Department of Labor by registering day
17    and temporary labor service agencies but are exempt from
18    disclosure under subsection (a-1) of Section 45 of the Day
19    and Temporary Labor Services Act.
20        (kk) Information prohibited from disclosure under the
21    Seizure and Forfeiture Reporting Act.
22        (ll) Information the disclosure of which is restricted
23    and exempted under Section 5-30.8 of the Illinois Public
24    Aid Code.
25        (mm) Records that are exempt from disclosure under
26    Section 4.2 of the Crime Victims Compensation Act.

 

 

HB2130 Enrolled- 31 -LRB103 04780 BMS 49790 b

1        (nn) Information that is exempt from disclosure under
2    Section 70 of the Higher Education Student Assistance Act.
3        (oo) Communications, notes, records, and reports
4    arising out of a peer support counseling session
5    prohibited from disclosure under the First Responders
6    Suicide Prevention Act.
7        (pp) Names and all identifying information relating to
8    an employee of an emergency services provider or law
9    enforcement agency under the First Responders Suicide
10    Prevention Act.
11        (qq) Information and records held by the Department of
12    Public Health and its authorized representatives collected
13    under the Reproductive Health Act.
14        (rr) Information that is exempt from disclosure under
15    the Cannabis Regulation and Tax Act.
16        (ss) Data reported by an employer to the Department of
17    Human Rights pursuant to Section 2-108 of the Illinois
18    Human Rights Act.
19        (tt) Recordings made under the Children's Advocacy
20    Center Act, except to the extent authorized under that
21    Act.
22        (uu) Information that is exempt from disclosure under
23    Section 50 of the Sexual Assault Evidence Submission Act.
24        (vv) Information that is exempt from disclosure under
25    subsections (f) and (j) of Section 5-36 of the Illinois
26    Public Aid Code.

 

 

HB2130 Enrolled- 32 -LRB103 04780 BMS 49790 b

1        (ww) Information that is exempt from disclosure under
2    Section 16.8 of the State Treasurer Act.
3        (xx) Information that is exempt from disclosure or
4    information that shall not be made public under the
5    Illinois Insurance Code.
6        (yy) Information prohibited from being disclosed under
7    the Illinois Educational Labor Relations Act.
8        (zz) Information prohibited from being disclosed under
9    the Illinois Public Labor Relations Act.
10        (aaa) Information prohibited from being disclosed
11    under Section 1-167 of the Illinois Pension Code.
12        (bbb) Information that is prohibited from disclosure
13    by the Illinois Police Training Act and the Illinois State
14    Police Act.
15        (ccc) Records exempt from disclosure under Section
16    2605-304 of the Illinois State Police Law of the Civil
17    Administrative Code of Illinois.
18        (ddd) Information prohibited from being disclosed
19    under Section 35 of the Address Confidentiality for
20    Victims of Domestic Violence, Sexual Assault, Human
21    Trafficking, or Stalking Act.
22        (eee) Information prohibited from being disclosed
23    under subsection (b) of Section 75 of the Domestic
24    Violence Fatality Review Act.
25        (fff) Images from cameras under the Expressway Camera
26    Act. This subsection (fff) is inoperative on and after

 

 

HB2130 Enrolled- 33 -LRB103 04780 BMS 49790 b

1    July 1, 2023.
2        (ggg) (fff) Information prohibited from disclosure
3    under paragraph (3) of subsection (a) of Section 14 of the
4    Nurse Agency Licensing Act.
5        (hhh) Information exempt from disclosure under Section
6    30 of the Insurance Data Security Law.
7(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
8101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
91-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
10eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
11101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
121-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
13eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
14102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
157-1-22; 102-1042, eff. 6-3-22; revised 8-1-22.)
 
16    Section 999. Effective date. This Act takes effect January
171, 2024.