(215 ILCS 5/1010)
(from Ch. 73, par. 1065.710)
Correction, Amendment or Deletion of Recorded Personal Information.
(A) Within 30 business days from the date of receipt of a written
request from an individual to correct, amend or delete any recorded
about the individual within its possession, an insurance institution, agent
or insurance-support organization shall either:
(1) correct, amend or delete the portion of the recorded personal information
in dispute; or
(2) notify the individual of:
(a) its refusal to make such correction, amendment or deletion,
(b) the reasons for the refusal, and
(c) the individual's right to file a statement as provided
in subsection (C).
(B) If the insurance institution, agent or insurance-support organization
corrects, amends or deletes recorded personal information in accordance
with paragraph (1) of subsection (A) above, the insurance institution, agent
or insurance-support organization shall so notify the individual in writing
and furnish the correction, amendment or fact of deletion to:
(1) any person specifically designated by the individual who may have,
within the preceding 2 years, received such recorded personal information;
(2) any insurance-support organization whose primary source of personal
information is insurance institutions, if the insurance-support organization
has systematically received such recorded personal information from the
insurance institution within the preceding 7 years; provided, however, that
the correction, amendment or fact of deletion need not be furnished
if the insurance-support organization no longer maintains recorded personal
information about the individual; and
(3) any insurance-support organization that furnished the personal information
that has been corrected, amended or deleted.
(C) Whenever an individual disagrees with an insurance institution's,
agent's or insurance-support organization's refusal to correct, amend or
delete recorded personal information, the individual shall be permitted
to file with the insurance institution, agent or insurance-support organization:
(1) a concise statement setting forth what the individual thinks is the
correct, relevant or fair information, and
(2) a concise statement of the reasons why the individual disagrees with
the insurance institution's, agent's or insurance-support organization's
refusal to correct, amend or delete recorded personal information.
(D) In the event an individual files either statement as described in
subsection (C) above, the insurance institution, agent or support organization shall:
(1) file the statement with the disputed personal information and provide
a means by which anyone reviewing the disputed personal information will
be made aware of the individual's statement and have access to it, and
(2) in any subsequent disclosure by the insurance institution, agent or
support organization of the recorded personal information that is the subject
of disagreement, clearly identify the matter or matters in dispute and
provide the individual's statement along with the recorded personal information
being disclosed; and
(3) furnish the statement to the persons and in the manner specified in
subsection (B) above.
(E) The rights granted to individuals in this Section shall extend to
all natural persons to the extent information about them is collected and
maintained by an insurance institution, agent or insurance-support organization
in connection with an insurance transaction. The rights granted to all
natural persons by this subsection shall not extend to information about
them that relates to and is collected in connection with or in reasonable
anticipation of a claim or civil or criminal proceeding involving them.
(F) For purposes of this Section, the term "insurance-support organization"
does not include "consumer reporting agency".
(Source: P.A. 82-108.)