Advisory

TO: ALL ENTITIES AND INDIVIDUALS REGULATED BY THE ILLINOIS DEPARMENT OF INSURANCE

FROM: MICHAEL T. McRAITH, DIRECTOR OF INSURANCE

DATE: FEBRUARY 9, 2010

RE: CHANGES TO FREEDOM OF INFORMATION ACT

This advisory provides notice to all entities and individuals regulated by this Department and any others who may provide documents to this Department (collectively, “filers”) of certain changes to the Illinois Freedom of Information Act (the “Act”).

Effective January 1, 2010, Section 7(1)(g) of the Act now provides:

          (g) Trade secrets and commercial or financial 
              information obtained from a person or business 
              where the trade secrets or commercial or financial 
              information are furnished under a claim that they 
              are proprietary, privileged or confidential, and that 
              disclosure of the trade secrets or commercial or 
              financial information would cause competitive 
              harm to the person or business, and only insofar 
              as the claim directly applies to the records 
              requested.

In the event filers seek to assert the proprietary, confidential or privileged nature of documents submitted to this Department, the new language imposes on filers affirmative obligations to submit such documents in a manner that plainly establishes that the documents are “furnished under a claim” that such documents are proprietary, confidential or privileged.

These revisions to the Act do not supplant or change existing law and Insurance Code provisions establishing the confidentiality of materials or filings specified in those existing laws or Code provisions. Filers are urged to consider these and all other revisions to the Act when making filings with or otherwise providing documents to this Department.