                                 CODE OF VIRGINIA

CONFIDENTIALITY OF APPLICATIONS AND INVESTIGATIONS (§ 38.2-221.3)

A. For purposes of this section, &#8220;business entity&#8221; means a
partnership, limited partnership, limited liability company, corporation, or
other legal entity that is entitled to hold property in its own name and that is
not a sole proprietorship.

B. This section applies to the Commission&#8217;s authority to license,
register, or authorize business entities pursuant to this title. This section
shall not apply to any license issued under Chapter 18 (&#xA7; 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 course of
an investigation, or a review of an application, shall be given confidential
treatment, is not subject to subpoena, and may not be made public by the
Commission or any other person. The Commission may grant access to (i) a
regulatory official of any state or country; (ii) the National Association of
Insurance Commissioners, its affiliate, or its subsidiary; or (iii) a
law-enforcement authority of any state or country, provided that those officials
are required under their law to maintain its confidentiality. Any such
disclosure by the Commission shall not constitute a waiver of confidentiality of
such applications, documents, materials, or other information, or copies
thereof. Any parties receiving such information shall agree in writing prior to
receiving the information to provide to it the same confidential treatment as
required by this section, unless the prior written consent of the business
entity to which it pertains has been obtained.

D. Nothing in this section shall prohibit the Commission from (i) using such
confidential 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 aggregated findings,
provided that such reports, decisions, orders, findings, opinions, or judgments
shall not disclose any such confidential information.

HISTORY: 2009, c. 352; 2016, c. 250.