                                 CODE OF VIRGINIA

CONFIDENTIALITY (§ 38.2-628)

A. 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 &#xA7; 38.2-623 or
subdivisions B 2, 3, 4, 5, 8, 10, and 11 &#xA7; 38.2-625, or that are obtained
by the Commissioner in an investigation or examination pursuant to &#xA7;
38.2-627, shall be confidential by law and privileged, shall not be subject to
&#xA7; 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&#8217;s duties.

B. 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.

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

   1. 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;

   2. 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;

   3. 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

   4. Enter into agreements governing sharing and use of information consistent
   with this subsection.

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

E. 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 &#xA7; 38.2-623 or subdivisions B 2,
3, 4, 5, 8, 10, and 11 of &#xA7; 38.2-625 shall be confidential by law and
privileged, shall not be subject to &#xA7; 12.1-19, shall not be subject to
subpoena, and shall not be subject to discovery in any private civil action.

F. 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.

HISTORY: 2020, c. 264.