District Of Columbia § 31-708 - Confidential treatment.
Full text of District Of Columbia D.C. Code § 31-708 — Confidential treatment., with citation guidance and answers to common questions.
§ 31-708. Confidential treatment.
31-708Documents, materials, or other information in the possession or control of the Department of Insurance, Securities, and Banking that are obtained by or disclosed to the Commissioner or any other person in the course of an examination or investigation made under , and all information reported under §§ and , shall be confidential and privileged; shall not be subject to subchapter II of Chapter 5 of Title 2; shall not be subject to subpoena; and shall not be subject to discovery or admissible in evidence in a private civil action; provided, that:
The Commissioner may use the documents, materials or other information in the furtherance of any regulatory or legal action brought as a part of the Commissioner’s official duties.
The Commissioner may make the documents, materials, or other information public with the prior written consent of the insurer to which it pertains.
If the Commissioner, after giving the insurer and its affiliates who would be affected notice and opportunity to be heard, determines that the interest of policyholders, shareholders or the public will be served by the publication of the documents, materials, or other information, the Commissioner may publish all or any part of the documents, materials, or other information in the manner that the Commissioner considers appropriate.
The Commissioner or any person who received documents, materials, or other information while acting under the authority of the Commissioner or any person with whom such documents, materials, or other information are shared pursuant to this subchapter shall not be permitted or required to testify in a private civil action concerning confidential documents, materials, or other information subject to subsection (a) of this section.
To assist in the performance of the Commissioner’s duties, the Commissioner:
May share documents, materials, or other information, including confidential and privileged documents, materials, or other information subject to subsection (a) of this section, with other state, federal, and international regulatory agencies; with the National Association of Insurance Commissioners, including its affiliates and subsidiaries; and with state, federal, and international law enforcement authorities, including members of any supervisory college as described in ; provided, that the recipient agrees in writing, and has the legal authority, to maintain the confidentiality and privileged status of the documents, materials, or other information, and has verified in writing the legal authority to maintain confidentiality;
Notwithstanding paragraph (1) of this subsection, the Commissioner may only share confidential and privileged documents, material, or information reported pursuant to or with commissioners of states having statutes or regulations substantially similar to the provisions set forth in subsection (a) of this section and who have agreed in writing not to disclose such information.
May receive documents, materials, or other information, including confidential and privileged documents, materials, or other information, from the National Association of Insurance Commissioners, including its affiliates and 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 other 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 other information; or
Shall enter into written agreements with the National Association of Insurance Commissioners (“NAIC”) governing the sharing and use of information provided pursuant to this subchapter and consistent with this subsection that shall:
Specify procedures and protocols regarding the confidentiality and security of information shared with the NAIC and its affiliates and subsidiaries pursuant to this chpater, including procedures and protocols for sharing that information by the NAIC with other state, federal, or international regulators;
Specify that ownership of information shared with the NAIC and its affiliates and subsidiaries pursuant to this subchapter remains with the Mayor and that the use of the information by the NAIC shall be subject to the direction of the Mayor;
Require prompt notice to be given to an insurer whose confidential information in the possession of the NAIC pursuant to this subchapter is subject to a request or subpoena to the NAIC for disclosure or production; and
Require the NAIC and its affiliates and subsidiaries to consent to intervention by an insurer in any judicial or administrative action in which the NAIC and its affiliates and subsidiaries may be required to disclose confidential information about the insurer shared with the NAIC and its affiliates and subsidiaries pursuant to this subchapter.
The sharing of information by the Mayor pursuant to this subchapter shall not constitute a delegation of regulatory authority or rulemaking. The Mayor shall be solely responsible for the administration, execution. and enforcement of the provisions of this subchapter.
No waiver of an applicable privilege or claim of confidentiality in the documents, materials, or other information shall occur as a result of disclosure to the Commissioner under this section or of sharing as authorized in subsection (c) of this section. Nothing in this section shall require an insurer to disclose documents, materials, or other information that is not otherwise required by law to be disclosed.
Documents, materials, or other information in the possession or control of the NAIC pursuant to this subchapter shall be confidential by law and privileged, shall not be subject to [ et seq.], shall not be subject to subpoena, and shall not be subject to discovery or admissible into evidence in any private civil action.
Annotations
Source: official District Of Columbia text · Last verified 2026-08-27
Frequently Asked Questions About District Of Columbia § 31-708
What does D.C. Code § 31-708 cover?
Section 31-708 ("Confidential treatment.") is part of the D.C. Code, the codified statutory law of District Of Columbia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite District Of Columbia § 31-708?
A common citation format is "D.C. Code § 31-708" (District Of Columbia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of District Of Columbia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the District Of Columbia official source linked on this page or consult a licensed District Of Columbia attorney.
How does District Of Columbia § 31-708 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in District Of Columbia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in District Of Columbia.