{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-628.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-628.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-628.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-628.html"}],"law_id":57578,"edition_id":1,"section_id":57578,"structure_id":12923,"section_number":"38.2-628","catch_line":"Confidentiality","history":"2020, c. 264.","full_text":"A\n\nAny documents, materials, or other information in the control or possession of the Bureau that are furnished by a licensee or an employee or agent thereof acting on behalf of licensee pursuant to subsection H of § 38.2-623 or subdivisions B 2, 3, 4, 5, 8, 10, and 11 § 38.2-625, or that are obtained by the Commissioner in an investigation or examination pursuant to § 38.2-627, shall be confidential by law and privileged, shall not be subject to § 12.1-19, shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action. However, the Commissioner is authorized to use the documents, materials, or other information in the furtherance of any regulatory or legal action brought as a part of the Commissioner’s duties.B\n\nNeither the Commissioner nor any person who received documents, materials, or other information while acting under the authority of the Commissioner shall be permitted or required to testify in any private civil action concerning any confidential documents, materials, or information subject to subsection A.C\n\nIn order to assist in the performance of the Commissioner’s duties under this article, the Commissioner may:1\n\nShare documents, materials, or other information, including the confidential and privileged documents, materials, or information subject to subsection A, with other state, federal, and international regulatory agencies; with the National Association of Insurance Commissioners (NAIC), its affiliates, or its subsidiaries; and with state, federal, and international law-enforcement authorities, provided that the recipient agrees in writing to maintain the confidentiality and privileged status of the documents, materials, or other information;2\n\nReceive documents, materials, or information, including otherwise confidential and privileged documents, materials, or information, from the NAIC, its affiliates, or its subsidiaries and from regulatory and law-enforcement officials of other foreign or domestic jurisdictions, and shall maintain as confidential or privileged any documents, materials, or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the documents, materials, or information;3\n\nShare documents, materials, or other information subject to subsection A with a third-party consultant or vendor provided the consultant agrees in writing to maintain the confidentiality and privileged status of the documents, materials, or other information; and4\n\nEnter into agreements governing sharing and use of information consistent with this subsection.D\n\nNo waiver of any applicable privilege or claim of confidentiality in the documents, materials, or information shall occur as a result of disclosure to the Commissioner under this section or as a result of sharing as authorized in subsection C.E\n\nDocuments, materials, or other information in the possession or control of the NAIC or a third-party consultant or vendor as a result of an examination or investigation pursuant to subsection H of § 38.2-623 or subdivisions B 2, 3, 4, 5, 8, 10, and 11 of § 38.2-625 shall be confidential by law and privileged, shall not be subject to § 12.1-19, shall not be subject to subpoena, and shall not be subject to discovery in any private civil action.F\n\nNothing in this article shall prohibit the Commissioner from releasing final, adjudicated actions that are open to public inspection to a database or other clearinghouse service maintained by the NAIC, its affiliates, or its subsidiaries.","order_by":null,"text":{"0":{"id":210937,"text":"Any documents, materials, or other information in the control or possession of the Bureau that are furnished by a licensee or an employee or agent thereof acting on behalf of licensee pursuant to subsection H of § 38.2-623 or subdivisions B 2, 3, 4, 5, 8, 10, and 11 § 38.2-625, or that are obtained by the Commissioner in an investigation or examination pursuant to § 38.2-627, shall be confidential by law and privileged, shall not be subject to § 12.1-19, shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action. However, the Commissioner is authorized to use the documents, materials, or other information in the furtherance of any regulatory or legal action brought as a part of the Commissioner’s duties.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":210938,"text":"Neither the Commissioner nor any person who received documents, materials, or other information while acting under the authority of the Commissioner shall be permitted or required to testify in any private civil action concerning any confidential documents, materials, or information subject to subsection A.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":210939,"text":"In order to assist in the performance of the Commissioner’s duties under this article, the Commissioner may:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":210940,"text":"Share documents, materials, or other information, including the confidential and privileged documents, materials, or information subject to subsection A, with other state, federal, and international regulatory agencies; with the National Association of Insurance Commissioners (NAIC), its affiliates, or its subsidiaries; and with state, federal, and international law-enforcement authorities, provided that the recipient agrees in writing to maintain the confidentiality and privileged status of the documents, materials, or other information;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":210941,"text":"Receive documents, materials, or information, including otherwise confidential and privileged documents, materials, or information, from the NAIC, its affiliates, or its subsidiaries and from regulatory and law-enforcement officials of other foreign or domestic jurisdictions, and shall maintain as confidential or privileged any documents, materials, or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the documents, materials, or information;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":210942,"text":"Share documents, materials, or other information subject to subsection A with a third-party consultant or vendor provided the consultant agrees in writing to maintain the confidentiality and privileged status of the documents, materials, or other information; and","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":210943,"text":"Enter into agreements governing sharing and use of information consistent with this subsection.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"D"},"7":{"id":210944,"text":"No waiver of any applicable privilege or claim of confidentiality in the documents, materials, or information shall occur as a result of disclosure to the Commissioner under this section or as a result of sharing as authorized in subsection C.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C4","next_prefix":"E"},"8":{"id":210945,"text":"Documents, materials, or other information in the possession or control of the NAIC or a third-party consultant or vendor as a result of an examination or investigation pursuant to subsection H of § 38.2-623 or subdivisions B 2, 3, 4, 5, 8, 10, and 11 of § 38.2-625 shall be confidential by law and privileged, shall not be subject to § 12.1-19, shall not be subject to subpoena, and shall not be subject to discovery in any private civil action.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"9":{"id":210946,"text":"Nothing in this article shall prohibit the Commissioner from releasing final, adjudicated actions that are open to public inspection to a database or other clearinghouse service maintained by the NAIC, its affiliates, or its subsidiaries.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":12923,"edition_id":1,"name":"Insurance Data Security Act","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":12922,"metadata":{},"date_created":"2026-06-26 03:44:01","date_modified":"2026-06-26 03:44:01","permalink":{"id":218125,"object_type":"structure","relational_id":12923,"identifier":"2","token":"38.2\/6\/2","url":"\/38.2\/6\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12922,"edition_id":1,"name":"Insurance Information and Privacy Protection","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:44:01","date_modified":"2026-06-26 03:44:01","permalink":{"id":218013,"object_type":"structure","relational_id":12922,"identifier":"6","token":"38.2\/6","url":"\/38.2\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12698,"edition_id":1,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":210661,"object_type":"structure","relational_id":12698,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":86014,"structure_id":12923,"section_number":"38.2-621","catch_line":"Definitions","url":"\/38.2-621\/","token":"38.2\/6\/2\/38.2-621","metadata":false},{"id":54858,"structure_id":12923,"section_number":"38.2-622","catch_line":"Private cause of action; neither created nor curtailed","url":"\/38.2-622\/","token":"38.2\/6\/2\/38.2-622","metadata":false},{"id":83071,"structure_id":12923,"section_number":"38.2-623","catch_line":"Information security program","url":"\/38.2-623\/","token":"38.2\/6\/2\/38.2-623","metadata":false},{"id":59652,"structure_id":12923,"section_number":"38.2-624","catch_line":"Investigation of a cybersecurity event","url":"\/38.2-624\/","token":"38.2\/6\/2\/38.2-624","metadata":false},{"id":82527,"structure_id":12923,"section_number":"38.2-625","catch_line":"Notice to Commissioner","url":"\/38.2-625\/","token":"38.2\/6\/2\/38.2-625","metadata":false},{"id":75700,"structure_id":12923,"section_number":"38.2-626","catch_line":"Notice to consumers","url":"\/38.2-626\/","token":"38.2\/6\/2\/38.2-626","metadata":false},{"id":64871,"structure_id":12923,"section_number":"38.2-627","catch_line":"Powers and duties of the Commission; exclusive state standards","url":"\/38.2-627\/","token":"38.2\/6\/2\/38.2-627","metadata":false},{"id":57578,"structure_id":12923,"section_number":"38.2-628","catch_line":"Confidentiality","url":"\/38.2-628\/","token":"38.2\/6\/2\/38.2-628","metadata":false},{"id":54030,"structure_id":12923,"section_number":"38.2-629","catch_line":"Exceptions","url":"\/38.2-629\/","token":"38.2\/6\/2\/38.2-629","metadata":false}],"previous_section":{"id":64871,"structure_id":12923,"section_number":"38.2-627","catch_line":"Powers and duties of the Commission; exclusive state standards","url":"\/38.2-627\/","token":"38.2\/6\/2\/38.2-627","metadata":false},"next_section":{"id":54030,"structure_id":12923,"section_number":"38.2-629","catch_line":"Exceptions","url":"\/38.2-629\/","token":"38.2\/6\/2\/38.2-629","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-628\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapter 264<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":66050,"section_number":"12.1-19","catch_line":"Duties of clerk; records; copies; personal identifiable information; records related to the administrative activities of the Commission; unauthorized filings","order_by":null,"url":"\/12.1-19\/"},{"id":83071,"section_number":"38.2-623","catch_line":"Information security program","order_by":null,"url":"\/38.2-623\/"},{"id":82527,"section_number":"38.2-625","catch_line":"Notice to Commissioner","order_by":null,"url":"\/38.2-625\/"},{"id":64871,"section_number":"38.2-627","catch_line":"Powers and duties of the Commission; exclusive state standards","order_by":null,"url":"\/38.2-627\/"}],"permalink":{"id":218155,"object_type":"law","relational_id":57578,"identifier":"38.2-628","token":"38.2\/6\/2\/38.2-628","url":"\/38.2-628\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-628\/","token":"38.2\/6\/2\/38.2-628","dublin_core":{"Title":"Confidentiality","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-628","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any documents, materials<\/span>, or other information in the control or possession<\/span> of the Bureau<\/span> that are furnished by a licensee<\/span> or an employee or agent thereof acting on behalf of licensee<\/span> pursuant to subsection H of § 38.2-623<\/a> or subdivisions B 2, 3, 4, 5, 8, 10, and 11 § 38.2-625<\/a>, or that are obtained by the Commissioner<\/span> in an investigation or examination pursuant to § 38.2-627<\/a>, shall be confidential by law<\/span> and privileged, shall not be subject to § 12.1-19<\/a>, shall not be subject to subpoena<\/span>, and shall not be subject to discovery<\/span> or admissible<\/span> in evidence<\/span> in any private civil action<\/span>. However, the Commissioner<\/span> is authorized to use the documents, materials<\/span>, or other information in the furtherance of any regulatory or legal action brought as a part of the Commissioner<\/span>’s duties. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Neither the Commissioner<\/span> nor any person<\/span> who received documents, materials<\/span>, or other information while acting under the authority of the Commissioner<\/span> shall be permitted or required to testify in any private civil action<\/span> concerning any confidential documents, materials<\/span>, or information subject to subsection A. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In order<\/span> to assist in the performance of the Commissioner<\/span>’s duties under this article, the Commissioner<\/span> may: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Share documents, materials<\/span>, or other information, including the confidential and privileged documents, materials<\/span>, or information subject to subsection A, with other state<\/span>, federal, and international regulatory agencies; with the National Association of Insurance<\/span> Commissioners<\/span> (NAIC), its affiliates, or its subsidiaries; and with state<\/span>, federal, and international law<\/span>-enforcement authorities, provided that the recipient agrees in writing to maintain the confidentiality and privileged status of the documents, materials<\/span>, or other information; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Receive documents, materials<\/span>, or information, including otherwise confidential and privileged documents, materials<\/span>, or information, from the NAIC, its affiliates, or its subsidiaries and from regulatory and law<\/span>-enforcement officials of other foreign or domestic jurisdictions<\/span>, and shall maintain as confidential or privileged any documents, materials<\/span>, or information received with notice or the understanding that it is confidential or privileged under the laws<\/span> of the jurisdiction<\/span> that is the source of the documents, materials<\/span>, or information; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Share documents, materials<\/span>, or other information subject to subsection A with a third-party<\/span> consultant or vendor provided the consultant agrees in writing to maintain the confidentiality and privileged status of the documents, materials<\/span>, or other information; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Enter into agreements governing sharing and use of information consistent with this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> No waiver<\/span> of any applicable privilege<\/span> or claim of confidentiality in the documents, materials<\/span>, or information shall occur as a result of disclosure to the Commissioner<\/span> under this section or as a result of sharing as authorized in subsection C. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Documents, materials<\/span>, or other information in the possession<\/span> or control of the NAIC or a third-party<\/span> consultant or vendor as a result of an examination or investigation pursuant to subsection H of § 38.2-623<\/a> or subdivisions B 2, 3, 4, 5, 8, 10, and 11 of § 38.2-625<\/a> shall be confidential by law<\/span> and privileged, shall not be subject to § 12.1-19<\/a>, shall not be subject to subpoena<\/span>, and shall not be subject to discovery<\/span> in any private civil action<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Nothing in this article shall prohibit the Commissioner<\/span> from releasing final, adjudicated actions that are open to public inspection to a database or other clearinghouse service maintained by the NAIC, its affiliates, or its subsidiaries. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONFIDENTIALITY (\u00a7 38.2-628)\n\nA. Any documents, materials, or other information in the control or possession\nof the Bureau that are furnished by a licensee or an employee or agent thereof\nacting on behalf of licensee pursuant to subsection H of § 38.2-623 or\nsubdivisions B 2, 3, 4, 5, 8, 10, and 11 § 38.2-625, or that are obtained\nby the Commissioner in an investigation or examination pursuant to §\n38.2-627, shall be confidential by law and privileged, shall not be subject to\n§ 12.1-19, shall not be subject to subpoena, and shall not be subject to\ndiscovery or admissible in evidence in any private civil action. However, the\nCommissioner is authorized to use the documents, materials, or other information\nin the furtherance of any regulatory or legal action brought as a part of the\nCommissioner’s duties.\n\nB. Neither the Commissioner nor any person who received documents, materials, or\nother information while acting under the authority of the Commissioner shall be\npermitted or required to testify in any private civil action concerning any\nconfidential documents, materials, or information subject to subsection A.\n\nC. In order to assist in the performance of the Commissioner’s duties\nunder this article, the Commissioner may:\n\n 1. Share documents, materials, or other information, including the\n confidential and privileged documents, materials, or information subject to\n subsection A, with other state, federal, and international regulatory\n agencies; with the National Association of Insurance Commissioners (NAIC), its\n affiliates, or its subsidiaries; and with state, federal, and international\n law-enforcement authorities, provided that the recipient agrees in writing to\n maintain the confidentiality and privileged status of the documents,\n materials, or other information;\n\n 2. Receive documents, materials, or information, including otherwise\n confidential and privileged documents, materials, or information, from the\n NAIC, its affiliates, or its subsidiaries and from regulatory and\n law-enforcement officials of other foreign or domestic jurisdictions, and\n shall maintain as confidential or privileged any documents, materials, or\n information received with notice or the understanding that it is confidential\n or privileged under the laws of the jurisdiction that is the source of the\n documents, materials, or information;\n\n 3. Share documents, materials, or other information subject to subsection A\n with a third-party consultant or vendor provided the consultant agrees in\n writing to maintain the confidentiality and privileged status of the\n documents, materials, or other information; and\n\n 4. Enter into agreements governing sharing and use of information consistent\n with this subsection.\n\nD. No waiver of any applicable privilege or claim of confidentiality in the\ndocuments, materials, or information shall occur as a result of disclosure to\nthe Commissioner under this section or as a result of sharing as authorized in\nsubsection C.\n\nE. Documents, materials, or other information in the possession or control of\nthe NAIC or a third-party consultant or vendor as a result of an examination or\ninvestigation pursuant to subsection H of § 38.2-623 or subdivisions B 2,\n3, 4, 5, 8, 10, and 11 of § 38.2-625 shall be confidential by law and\nprivileged, shall not be subject to § 12.1-19, shall not be subject to\nsubpoena, and shall not be subject to discovery in any private civil action.\n\nF. Nothing in this article shall prohibit the Commissioner from releasing final,\nadjudicated actions that are open to public inspection to a database or other\nclearinghouse service maintained by the NAIC, its affiliates, or its\nsubsidiaries.\n\nHISTORY: 2020, c. 264.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}