Section 430.90  Confidentiality

a)         OIG investigations access information that is confidential pursuant to numerous State and federal statutes and administrative rules.  OIG reports are confidential because they contain information gleaned from these confidential records.  OIG reports shall not be distributed beyond the Department or private agency that is the subject of the report without the consent of the Inspector General.

b)         The OIG may share confidential information with the Illinois State Police (ISP) when it refers cases for possible criminal investigation or prosecution, or when conducting joint investigations with ISP, or pursuant to an intergovernmental agreement; provided, however, that ISP agrees not to use the confidential information for any other purpose and agrees to seek a protective order before redisclosing the information.

c)         The OIG shall redact confidential information, as required by law and/or 89 Ill. Adm. Code 431 (Confidentiality of Personal Information of Persons Served by the Department of Children and Family Services).

d)         OIG reports shall not be subject to disclosure under the Freedom of Information Act [5 ILCS 140].

e)         The Department and the OIG shall protect from retaliation any person who files a complaint or provides information in good faith.  To protect persons from retaliation, the OIG may withhold the identity of sources of information.

(Source:  Amended at 33 Ill. Reg. 4914, effective April 15, 2009)