38.2-221.3 - Confidentiality of applications and investigations.
§ 38.2-221.3. Confidentiality of applications and investigations.
A. For purposes of this section, "business entity" means a partnership,limited partnership, limited liability company, corporation, or other legalentity that is entitled to hold property in its own name and that is not asole proprietorship.
B. This section applies to the Commission's authority to (i) license,register, or authorize business entities pursuant to this title and (ii)license automobile clubs pursuant to Chapter 3.1 (§ 13.1-400.1 et seq.) ofTitle 13.1. This section shall not apply to any license issued under Chapter18 (§ 38.2-1800 et seq.).
C. All applications, documents, materials, or other information produced by,obtained by, or disclosed to the Commission or any other person in the courseof an investigation, or a review of an application, shall be givenconfidential treatment, is not subject to subpoena, and may not be madepublic by the Commission or any other person. The Commission may grant accessto (i) a regulatory official of any state or country; (ii) the NationalAssociation of Insurance Commissioners, its affiliate, or its subsidiary; or(iii) a law-enforcement authority of any state or country, provided thatthose officials are required under their law to maintain its confidentiality.Any such disclosure by the Commission shall not constitute a waiver ofconfidentiality of such applications, documents, materials, or otherinformation, or copies thereof. Any parties receiving such information shallagree in writing prior to receiving the information to provide to it the sameconfidential treatment as required by this section, unless the prior writtenconsent of the business entity to which it pertains has been obtained.
D. Nothing in this section shall prohibit the Commission from (i) using suchconfidential information in furtherance of any regulatory or legal action;(ii) publishing any decisions, orders, findings, opinions, or judgments; or(iii) publishing any final report or any other report containing aggregatedfindings, provided that such reports, decisions, orders, findings, opinions,or judgments shall not disclose any such confidential information.
(2009, c. 352.)