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92nd General Assembly

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Public Act 92-0556

HB4989 Enrolled                                LRB9213175JSpc

    AN ACT relating to insurance.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  Illinois  Insurance  Code is amended by
changing Section 1001 and adding Section 1023.5 as follows:

    (215 ILCS 5/1001) (from Ch. 73, par. 1065.701)
    Sec. 1001. Purpose. The purpose of  this  Article  is  to
establish standards for the collection, use and disclosure of
information    gathered    in   connection   with   insurance
transactions   by   insurance   institutions,    agents    or
insurance-support   organizations;   to  maintain  a  balance
between the need for  information  by  those  conducting  the
business  of  insurance and the public's need for fairness in
insurance  information  practices,  including  the  need   to
minimize  intrusiveness;  to establish a regulatory mechanism
to enable natural persons to ascertain  what  information  is
being  or  has  been  collected about them in connection with
insurance transactions and to have access to such information
for the purpose of verifying or disputing  its  accuracy;  to
limit  the  disclosure of information collected in connection
with  insurance  transactions;  and   to   enable   insurance
applicants  and  policyholders  to obtain the reasons for any
adverse underwriting decision.  Further, this  Article  shall
grant  the  Director  the authority to enforce Title V of the
Gramm-Leach-Bliley Act (Public Law 106-102, 106th Congress).
(Source: P.A. 81-1430.)

    (215 ILCS 5/1023.5 new)
    Sec. 1023.5.  Federal privacy protections.
    (A)  In addition to the  requirements  of  this  Article,
licensees shall comply with the privacy protection provisions
of  Title V of the federal Gramm-Leach-Bliley Act (Public Law
106-102, 106th Congress).
    (B)  The Director shall have  authority  to  enforce  the
requirements  of the privacy protection provisions of Title V
of  the  federal  Gramm-Leach-Bliley  Act,  employing  powers
granted to him under this Article and this Code.
    (C)  The Director shall make reasonable rules as  may  be
necessary to make effective the privacy provisions of Title V
of  the  federal  Gramm-Leach-Bliley Act (Public Law 106-102,
106th Congress).
    (D)  For purposes of this Section, "licensee"  means  all
insurers,  insurance producers, and other persons licensed or
required  to  be  licensed,  authorized  or  required  to  be
authorized, registered  or  required  to  be  registered,  or
domiciled,  pursuant  to this Code or any other insurance law
of this State administered  by  the  Department.   "Licensee"
also  includes  unauthorized  insurers  who  accept  business
placed  through  a  licensed  surplus  line  producer in this
State, but only in regard  to  the  surplus  line  placements
placed  pursuant  to Section 445 of this Code.  However, this
Section does not apply to  "service  contract  providers"  as
defined by the Service Contract Act.

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly April 18, 2002.
    Approved June 24, 2002.
    Effective June 24, 2002.

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