Statute Text
Confidentiality; permissible disclosures.
(1) As used in this section, confidential
information means:
(a) A memorandum
in support of an opinion submitted under ORS 733.304 or 733.331 and any other
documents, materials and other information including, but not limited to, all
working papers and copies of working papers that are created, produced or
obtained by or disclosed to the Director of the Department of Consumer and
Business Services or any other person in connection with the memorandum.
(b) All
documents, materials and other information including, but not limited to, all
working papers and copies of working papers that are created, produced or
obtained by or disclosed to the director or any other person in the course of
an examination under section 15, chapter 547, Oregon Laws 2015, except that if
an examination report or other material that is prepared in connection with an
examination under ORS 731.312 is not held as private and confidential
information under ORS 731.312, an examination report or other material that is
prepared in connection with an examination under section 15 (3), chapter 547,
Oregon Laws 2015, is confidential information to the same extent as the
examination report or other material that was prepared under ORS 731.312.
(c) Any reports,
documents, materials or other information that an insurer develops in support
of, or in connection with, the annual certification the insurer submits under
section 17 (3)(b), chapter 547, Oregon Laws 2015, to evaluate the effectiveness
of the insurers internal controls with respect to a principle-based valuation
and any other documents, materials and other information including, but not
limited to, all working papers and copies of working papers that are created,
produced or obtained by or disclosed to the director or any other person in
connection with the reports, documents, materials and other information.
(d) Any
principle-based valuation report developed under section 17 (3)(c), chapter
547, Oregon Laws 2015, and any other documents, materials and other information
including, but not limited to, all working papers and copies of working papers
that are created, produced or obtained by or disclosed to the director or any
other person in connection with the report.
(e) Any
documents, materials, data and other information that an insurer submits under
ORS 733.334 and any other documents, materials, data and other information
including, but not limited to, all working papers and copies of working papers
that are created or produced in connection with the materials, data and other
information, to the extent that the documents, materials, data, information and
working papers include information that identifies the insurer or could be used
to identify a particular person, if the documents, materials data or other
information and the working papers are provided to or obtained by or disclosed
to the director or any other person in connection or compliance with the
provision of ORS 733.334.
(2)(a) Except as
provided in this section, an insurers confidential information is confidential
by law and privileged as provided in ORS 705.137, 705.138 and 705.139, and is
not subject to ORS 192.311 to 192.478.
(b) The director
may share confidential information of the type defined in subsection (1)(a) or
(d) of this section with state, federal and international law enforcement
officials and with the Actuarial Board for Counseling and Discipline or a
successor to the Actuarial Board for Counseling and Discipline, including the
employees, agents, consultants and contractors of the board or law enforcement
agency, if:
(A) The director
receives a request that states that the confidential information is necessary
for the purpose of professional disciplinary proceedings; and
(B) The person
from which the director receives the request has the legal authority to agree,
and does agree, to maintain the confidentiality of and provide a privilege for
the documents, materials, data and other information in the same manner and to
the same extent that the director must maintain the confidentiality of and
privilege provided for the documents, materials, data and other information
under this section.
(c) The director
may receive documents, materials, data and other information, including
otherwise confidential and privileged documents, materials, data or
information, from the Actuarial Board for Counseling and Discipline or a
successor to the Actuarial Board for Counseling and Discipline and shall
maintain the confidentiality of and provide a privilege for any document,
material, data or other information the director receives with the
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.
(3)
Notwithstanding subsection (2) of this section:
(a) The director
may release confi