(430 ILCS 95/7)
(from Ch. 111 1/2, par. 7607)
Confidential Treatment Of Records.
(a) Except as provided
in subsections (b) and (c), the Departments shall keep confidential any
information received under this Act or if the person submitting the
information notifies the Departments that:
(1) The federal regulator to which the information has been submitted
has determined that the information is entitled to confidential treatment
and is not subject to public disclosure under the federal Freedom of
Information Act or under the coordinated framework, or
(2) The person submitting the information to the Departments has
submitted a claim to the federal regulator that the information is entitled
to confidential treatment under the federal Freedom of Information Act or
under the coordinated framework, and the federal regulator has not made a
determination on the claim.
(b) Subsection (a) shall not prevent the Departments from exchanging
information under subsection (b) of Section 3 or from using the information
for the purposes of subsections (c) or (d) of Section 5, subject to the
requirements of subsection (d) of this Section. Any person receiving such
information is subject to the penalty specified under subsection (b) of
Section 10 for the unauthorized release of such information.
(c) The Departments shall allow public access to any information which
has been granted confidentiality under subsection (a) if any of the
(1) The person providing the information to the Departments expressly
agrees in writing to the public access to the information.
(2) After information has been granted confidentiality under paragraph
(2) of subsection (a), the federal regulator makes a determination that the
information is not entitled to confidential treatment under the federal
Freedom of Information Act or under the coordinated framework.
(d) (1) The Departments shall establish procedures to protect
information required to be kept confidential under subsection (a). Under
the procedure, the Departments may not submit any information under
subsection (c) or (d) of Section 5 to any person who is not an employee of
either of the Departments unless that person has signed an agreement which
satisfies the requirements of paragraph (2) of this subsection (d).
(2) Any agreement under paragraph (1) of this subsection (d)
shall provide that information which is the subject of the agreement is
subject to confidential treatment, shall prohibit the release or sharing of
the information which any other person except at the direction of the
reviewing Department and in compliance with this Act, shall acknowledge the
penalties in the Illinois Trade Secrets Act, as now or hereafter amended,
and any other applicable State law identified by the Departments for the
unauthorized disclosure of the information and shall contain a statement
that the person receiving the information, any member of his or her
immediate family or any organization with which he or she is associated has
no substantial financial interest in the regulated release which is the
subject of the information. Any person submitting the information under
Sections 3 or 5 may waive any of the requirements under this paragraph.
(Source: P.A. 86-306.)