(215 ILCS 5/1005) (from Ch. 73, par. 1065.705)
Sec. 1005.
Notice of Insurance Information Practices.
(A) An insurance
institution or agent shall provide a notice of information practices
to all applicants or policyholders in connection with insurance transactions
as provided below:
(1) in the case of an application for insurance, a notice shall be provided
no later than:
(a) at the time of the delivery of the insurance policy or certificate
when personal information is collected only from the applicant or from
public records, or
(b) at the time the collection of personal information is initiated when
personal information is collected from a source other than
the applicant or public records;
(2) in the case of a policy renewal, a notice shall be provided no later
than the policy renewal date, except
that no notice shall be required in connection with a policy renewal if:
(a) personal information is collected only from the policyholder or
from public records, or
(b) a notice meeting the requirements of this Section has been given within
the previous 24 months; or
(3) in the case of a policy reinstatement or change in insurance benefits,
a notice shall be provided no later than the time a request for a policy
reinstatement or change in insurance benefits is received by the insurance
institution, except that no notice shall be required if personal information
is collected only from the policyholder or from public records.
(B) The notice required by subsection (A) shall be in writing
and shall state:
(1) whether personal information may be collected from persons other than
the individual or individuals proposed for coverage;
(2) the types of personal information that may be collected and the types
of sources and investigative techniques that may be used to collect such information;
(3) the types of disclosures identified in subsections
(B), (C), (D), (E), (F), (I),
(K), (L) and (N) of Section 1014 of this Article and the
circumstances under which such disclosures may be made without prior authorization;
provided, however,
only those circumstances need be described which occur with such frequency
as to indicate a general business practice;
(4) a description of the rights established under Sections 1009 and
1010 of this Article and the manner in which such rights may be exercised; and
(5) that information obtained from a report prepared by an
insurance-support organization may be retained by the insurance-support
organization and disclosed
to other persons.
(C) In lieu of the notice prescribed in subsection (B), the insurance
institution or agent may provide an abbreviated notice informing the applicant
or policyholder that:
(1) personal information may be collected from persons other than the
individual or individuals proposed for coverage,
(2) such information as well as other personal or privileged information
subsequently collected by the insurance institution or agent may in certain
circumstances be disclosed to third parties without authorization,
(3) a right of access and correction exists with respect to all personal
information collected, and
(4) the notice prescribed in subsection (B) will be furnished to the applicant
or policyholder upon request.
(D) The obligations imposed by this Section upon an insurance institution
or agent may be satisfied by another insurance institution or agent
authorized to act on its behalf.
(Source: P.A. 82-108.)
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