(215 ILCS 5/1009) (from Ch. 73, par. 1065.709)
Sec. 1009.
Access to Recorded Personal Information.
(A) If any individual, after proper identification, submits a written request
to an insurance institution, agent or insurance-support organization for
access to recorded personal information about the individual which is
reasonably described
by the individual and reasonably locatable and retrievable by the insurance
institution, agent or insurance-support organization, the insurance institution,
agent or insurance-support organization shall within 30 business days from
the date such request is received:
(1) inform the individual of the nature and substance of such recorded
personal information in writing, by telephone or by other oral communication,
whichever the insurance institution, agent or insurance-support organization prefers;
(2) permit the individual to see and copy, in person, such recorded personal
information pertaining to him or her or to obtain a copy of such recorded
personal information by mail, whichever the individual prefers, unless such
recorded personal information is in coded form, in which case an accurate
translation in plain language shall be provided in writing;
(3) disclose to the individual the identity, if recorded, of those persons
to whom the insurance institution, agent or insurance-support organization
has disclosed such personal information within 2 years prior to such
request, and if the identity is not recorded, the names of those insurance
institutions, agents, insurance-support organizations or other persons to
whom such information is normally disclosed; and
(4) provide the individual with a summary of the procedures by which he
or she may request correction, amendment or deletion of recorded personal information.
(B) Any personal information provided pursuant to subsection (A) above
shall identify the source of the information if such source is an institutional source.
(C) Medical-record information supplied by a medical-care institution
or medical professional and requested under subsection (A), together with
the identity of the medical professional or medical care institution which
provided such information, shall be supplied either directly to the individual
or to a medical professional designated by the individual and licensed to
provide medical care with respect to the condition to which the information
relates, whichever the insurance institution, agent or insurance-support
organization prefers. If it elects to disclose the information to a medical
professional designated by the individual, the insurance institution, agent
or insurance-support organization shall notify the individual, at the time
of the disclosure, that it has provided the information to the medical professional.
(D) Except for personal information provided under Section 1011, an insurance
institution, agent or insurance-support organization may charge a reasonable
fee to cover the costs incurred in providing a copy of recorded personal
information to individuals.
(E) 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. With respect to the copying and disclosure of recorded
personal information pursuant to a request under subsection (A), an insurance
institution, agent or insurance-support organization may make arrangements
with an insurance-support organization or a consumer reporting agency
to copy and disclose recorded personal
information on its behalf.
(F) The rights granted to individuals in this Section shall extend to
all natural persons to the extent information about them is collected and
maintained by an insurance institution, agent or insurance-support organization
in connection with an insurance transaction. The rights granted to all natural
persons by this subsection shall not extend to information about them that
relates to and is collected in connection with or in reasonable anticipation
of a claim or civil or criminal proceeding involving them.
(G) For purposes of this Section, the term "insurance-support organization"
does not include "consumer reporting agency".
(Source: P.A. 82-108.)
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