Statute Text
Information that is confidential or not subject to disclosure; public officer
privilege; permitted uses of confidential information.
(1) Except as provided in
subsection (3) of this section, a document, material or other information that
the Department of Consumer and Business Services possesses or controls for the
purpose of administering ORS 86A.095 to 86A.198, 86A.990, 86A.992, 697.005 to
697.095, 697.602 to 697.842, 717.200 to 717.320, 717.900, 717.905 and 735.533
and ORS chapters 59, 723, 725 and 726, the Bank Act and the Insurance Code and
that is described in statute as confidential or as not subject to disclosure is
not subject to disclosure under ORS 192.311 to 192.478, is not subject to
subpoena and is not subject to discovery or admissible in evidence in a private
civil action. The Director of the Department of Consumer and Business Services
may use a confidential document, material or other information in administering
ORS 86A.095 to 86A.198, 86A.990, 86A.992, 697.005 to 697.095, 697.602 to
697.842, 717.200 to 717.320, 717.900, 717.905 and 735.533 and ORS chapters 59,
723, 725 and 726, the Bank Act and the Insurance Code and in furthering a
regulatory or legal action the director brings as a part of the directors
duties.
(2) A document,
material or other information to which subsection (1) of this section applies
is subject to the public officer privilege described in ORS 40.270.
(3) In order to
assist in the performance of the directors duties, the director may:
(a) Authorize
sharing a confidential document, material or other information that is subject
to subsection (1) of this section as appropriate among the administrative
divisions and staff offices of the department created under ORS 705.115 for the
purpose of administering and enforcing the statutes identified in subsection
(1) of this section, in order to enable the administrative divisions and staff
offices to carry out the functions and responsibilities of the administrative
divisions and staff offices.
(b) Share a
document, material or other information, including a confidential document,
material or other information that is subject to subsection (1) of this section
or that is otherwise confidential under ORS 192.345 or 192.355, with other
state, federal, foreign and international regulatory and law enforcement
agencies, with the Federal Reserve Board, with the National Association of
Insurance Commissioners and affiliates or subsidiaries of the National
Association of Insurance Commissioners and with the North American Securities
Administrators Association and successors, affiliates or subsidiaries of the
North American Securities Administrators Association, if the recipient agrees
to maintain the confidentiality of the document, material or other information.
(c) Receive a
document, material or other information, including an otherwise confidential
document, material or other information, from state, federal, foreign and
international regulatory and law enforcement agencies, from the Federal Reserve
Board, from the National Association of Insurance Commissioners and affiliates
or subsidiaries of the National Association of Insurance Commissioners and from
the North American Securities Administrators Association and successors,
affiliates or subsidiaries of the North American Securities Administrators
Association. As provided in this section, the director shall maintain the
confidentiality of documents, materials or other information the director
receives if the director receives notice or has an understanding that the
document, material or other information is confidential or privileged under the
laws of the jurisdiction that is the source of the document, material or other
information.
(4) Disclosing a
document, material or other information to the director under this section or
sharing a document, material or other information as authorized in subsection
(3) of this section does not waive an applicable privilege or claim of
confidentiality in the document, material or other information.
(5) This section
does not prohibit the director from disclosing to a database or other
clearinghouse service maintained by the National Association of Insurance
Commissioners or affiliates or subsidiaries of the National Association of
Insurance Commissioners, or by the North American Securities Administrators
Association and successors, affiliates or subsidiaries of the North American
Securities Administrators Association, information about a final, adjudicated
action, including a suspension or revocation of a certificate of authority or a
license, if the information is otherwise open to public inspection. [2001 c.377
§2; 2009 c.541 §24; 2009 c.604 §25; 2015 c.244 §1; 2017 c.73 §4; 2023 c.494 §3]