                                 CODE OF VIRGINIA

CONFIDENTIALITY OF INFORMATION OBTAINED BY THE COMMISSION (§ 55.1-1016)

A. Any documents, materials, or other information in the control or possession
of the Commission that are furnished by a title insurance company or title
insurance agent or an employee thereof acting on behalf of the title insurance
company or title insurance agent, or obtained by the Commission in an
investigation pursuant to this chapter, shall be confidential by law and
privileged, shall not be subject to inspection or review by the general public,
shall not be subject to subpoena, and shall not be subject to discovery or
admissible in evidence in any private civil action. The Commission 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 Commission&#8217;s duties.

B. Neither the Commission nor any person who received documents, materials, or
other information while acting under the authority of the Commission shall be
permitted or required to testify in any private civil action concerning any
confidential documents, materials, or information subject to subsection A.

C. In order to assist in the performance of the Commission&#8217;s duties under
this chapter, the Commission:

   1. May share documents, material, 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 Association and its affiliates and subsidiaries, and with
   local, state, federal, and international law-enforcement authorities, provided
   that the recipient agrees to maintain the confidentiality and privileged
   status of the document, material, or other information; and

   2. May receive documents, materials, or information, including otherwise
   confidential and privileged documents, materials, or information, from the
   Association or its affiliates or subsidiaries and from regulatory and
   law-enforcement officials of other foreign or domestic jurisdictions and shall
   maintain as confidential or privileged any document, material, 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
   document, material, or information.

D. 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 Commission under this section or as a result of sharing as authorized in
subsection C.

E. Nothing in this chapter shall prohibit the Commission from releasing final,
adjudicated actions, including for-cause terminations that are open to public
inspection pursuant to Chapter 4 (&#xA7; 12.1-18 et seq.) of Title 12.1, to a
database or other clearinghouse service maintained by the Association or its
affiliates or subsidiaries.

HISTORY: 2006, c. 312, § 6.1-2.27:1; 2008, c. 303; 2010, c. 794, § 55-525.32;
2019, c. 712.