215 ILCS 5/404
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article XXIV - Director Of Insurance, Hearings And Review

 (from Ch. 73, par. 1016)Sec. 404. Office of Director; a public office; destruction or  disposal of records, papers, documents, and memoranda.(1)(a)  The office of the Director shall be a public office and the  records,  books, and papers thereof on file  therein, except those records  or documents containing or disclosing any analysis, opinion, calculation,  ratio, recommendation, advice, viewpoint, or estimation by any Department staff  regarding the financial or market condition of an insurer not otherwise made  part of the public record by the Director,  shall be accessible to the  inspection of the public, except as the Director, for good reason, may  decide otherwise, or except as may be otherwise provided in this Code or as otherwise provided in Section 7 of the Freedom of Information Act.(b) Except where another provision of this Code expressly prohibits a  disclosure of confidential information to the specific officials or  organizations described in this subsection, the Director may disclose or share  any confidential records or information in his custody and control with any  insurance regulatory officials of any state or country, with the law  enforcement officials of this State, any other state, or the federal  government, or with the National Association of Insurance Commissioners, upon  the written agreement of the official or organization receiving the information  to hold the information or records confidential and in a manner consistent with  this Code.(c) The Director shall maintain as confidential any records or  information received from the National Association of Insurance Commissioners  or insurance regulatory officials of other states which is confidential in that  other jurisdiction.(2) Upon the filing of the examination to which they relate, the Director  is authorized to destroy or otherwise dispose of all working papers relative  to any company which has been examined at any time prior to that last  examination by the Department, so that in such circumstances only current  working papers of that last examination may be retained by the Department.(3) Five years after the conclusion of the transactions to  which they relate, the Director is authorized to destroy or otherwise  dispose of all books, records, papers, memoranda and correspondence  directly related to consumer complaints or inquiries.(4) Two years after the conclusion of the transactions to which they  relate, the Director is authorized to destroy or otherwise dispose of all  books, records, papers, memoranda, and correspondence directly related to  all void, obsolete, or superseded rate filings and schedules required to be  filed by statute; and all individual company rating experience data and all  records, papers, documents and memoranda in the possession of the Director  relating thereto.(5) Five years after the conclusion of the transactions to which  they relate, the Director is authorized to destroy or otherwise dispose  of all examination reports of companies made by the insurance supervisory  officials of states other than Illinois; applications, requisitions, and  requests for licenses; all records of hearings; and all similar records,  papers, documents, and memoranda in the possession of the Director.(6) Ten years after the conclusion of the transactions to which they  relate, the Director is authorized to destroy or otherwise dispose of all  official correspondence of foreign and alien companies, all foreign  companies' and alien companies' annual statements, valuation reports, tax  reports, and all similar records, papers, documents and memoranda in the  possession of the Director.(7) Whenever any records, papers, documents or memoranda are  destroyed or otherwise disposed of pursuant to the provisions of this  section, the Director shall execute and file in a separate, permanent  office file a certificate listing and setting forth by summary  description the records, papers, documents or memoranda so destroyed or  otherwise disposed of, and the Director may, in his discretion, preserve  copies of any such records, papers, documents or memoranda by means of  microfilming or photographing the same.(8) This Section shall apply to records, papers, documents, and  memoranda presently in the possession of the Director as well as to  records, papers, documents, and memoranda hereafter coming into his  possession.  (Source: P.A. 97-1004, eff. 8-17-12.)