(a) Any documents, materials, or other information in the control or possession of the Department that are furnished by a licensee or an employee or agent thereof acting on behalf of licensee pursuant to subsection (i) of Section 10, subsection (b) of Section 20, or that are obtained by the Director in an investigation or examination pursuant to Section 25 shall be confidential by law and privileged, shall not be subject to the Freedom of Information Act, shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action. However, the Director is authorized to use the documents, materials, or other information in the furtherance of any regulatory or legal action brought as a part of the Director’s duties.
     (b) Neither the Director nor any person who received documents, materials, or other information while acting under the authority of the Director shall be permitted or required to testify in any private civil action concerning any confidential documents, materials, or information subject to subsection (a).

Terms Used In Illinois Compiled Statutes 215 ILCS 215/30

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.

     (c) In order to assist in the performance of the Director’s duties under this Act, the Director:
         (1) may share documents, materials, or other
    
information, including the confidential and privileged documents, materials, or information subject to subsection (a), with other State, federal, and international regulatory agencies, with the National Association of Insurance Commissioners and its affiliates or subsidiaries, and with State, federal, and international law enforcement authorities, if the recipient agrees in writing to maintain the confidentiality and privileged status of the document, material, or other information;
        (2) may receive documents, materials, or information,
    
including otherwise confidential and privileged documents, materials, or information, from the National Association of Insurance Commissioners and its affiliates or subsidiaries and from regulatory and law enforcement officials of other foreign or domestic jurisdictions, and shall maintain as confidential or privileged any document, material, or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or information;
        (3) may share documents, materials, or other
    
information subject to subsection (a), with a third-party consultant or vendor if the consultant agrees in writing to maintain the confidentiality and privileged status of the document, material, or other information; and
        (4) may enter into agreements governing sharing and
    
use of information consistent with this subsection.
    (d) No waiver of any applicable privilege or claim of confidentiality in the documents, materials, or information shall occur as a result of disclosure to the Director under this Section or as a result of sharing as authorized in subsection (c).
     (e) Nothing in this Act shall prohibit the Director from releasing final, adjudicated actions that are open to public inspection pursuant to the Illinois Insurance Code to a database or other clearinghouse service maintained by the National Association of Insurance Commissioners and its affiliates or subsidiaries.
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