Pennsylvania § 4531 - Confidentiality.

§ 4531. Confidentiality.

(a) Requirement.--All information, documents, materials and copies thereof in the possession or control of the department that are produced by, obtained by or disclosed to the department or any other person in the course of an examination or investigation under this chapter shall be privileged and given confidential treatment and:

(1) Shall not be subject to discovery or admissible in evidence in a private civil action.

(2) Shall not be subject to subpoena.

(3) Shall be exempt from access under the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

(4) Shall not be made public by the department or any other person, except to regulatory or law enforcement officials of other jurisdictions, without the prior written consent of the licensee to which it pertains, except as provided in subsection (c).

(b) Civil actions.--The commissioner, department or any person that receives documents, materials or other information while acting under the authority of the commissioner or department or with whom the documents, materials or other information are shared under this chapter may not be permitted or required to testify in a private civil action concerning confidential documents, materials or information covered under subsection (a).

(c) Department actions.--To assist in the performance of the regulatory duties under this chapter, the department:

(1) May share documents, materials or other information, including confidential and privileged documents, materials or other information subject to subsection (a), with the following:

(i) Federal, state and international regulatory agencies.

(ii) The National Association of Insurance Commissioners and its affiliates or subsidiaries.

(iii) Federal, state and international law enforcement authorities.

(iv) Third-party consultants, if the recipient agrees in writing to maintain the confidentiality and privileged status of the documents, materials or other information.

(2) May receive documents, materials or other information, including otherwise confidential and privileged documents, materials or other information, from the National Association of Insurance Commissioners, 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 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.

(d) No delegation.--The sharing of information by the department under this chapter shall not constitute a delegation of regulatory authority or rulemaking. The department shall be solely responsible for the administration, execution and enforcement of this chapter.

(e) No waiver of privilege or confidentiality.--The sharing of confidential information with, to or by the department as authorized by this chapter shall not constitute a waiver of any applicable privilege or claim of confidentiality.

(f) Information with third parties.--Confidential information in the possession or control of the National Association of Insurance Commissioners or a third-party consultant as provided under this chapter shall:

(1) Be confidential and privileged.

(2) Be exempt from access under the Right-to-Know Law.

(3) Not be subject to subpoena.

(4) Not be subject to discovery or admissible as evidence in a private civil action.