AN
ACT Relating to protecting the confidentiality of information relating to
insurance; adding a new section to chapter 48.02 RCW; and adding a new section
to chapter 42.17 RCW.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 48.02 RCW to read as follows:
(1)
Documents, materials, or other information as described in subsection (5) of
this section are confidential by law and privileged, are not subject to public
disclosure under chapter 42.17 RCW and are not subject to subpoena directed to
the commissioner or any person who received documents, materials, or other
information while acting under the authority of the commissioner. The
commissioner is authorized to use such 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 confidentiality and privilege
created by this section and section 2 of this act applies only to the
commissioner, any person acting under the authority of the commissioner, the
national association of insurance commissioners and its affiliates and
subsidiaries, regulatory and law enforcement officials of other states and
nations, the federal government, and international authorities.
(2)
Neither the commissioner nor any person who received documents, materials, or
other information while acting under the authority of the commissioner is
permitted or required to testify in any private civil action concerning any
confidential and privileged documents, materials, or information subject to
subsection (1) of this section.
(3)
The commissioner:
(a)
May share documents, materials, or other information, including the
confidential and privileged documents, materials, or information subject to
subsection (1) of this section, with (i) the national association of insurance
commissioners and its affiliates and subsidiaries, and (ii) regulatory and law
enforcement officials of other states and nations, the federal government, and
international authorities, if the recipient agrees to maintain the
confidentiality and privileged status of the document, material, or other
information;
(b)
May receive documents, materials, or information, including otherwise either
confidential or privileged, or both, documents, materials, or information, from
(i) the national association of insurance commissioners and its affiliates and
subsidiaries, and (ii) regulatory and law enforcement officials of other states
and nations, the federal government, and international authorities and shall
maintain as confidential and privileged any document, material, or information
received that is either confidential or privileged, or both, under the laws of
the jurisdiction that is the source of the document, material, or information;
and
(c)
May enter into agreements governing the sharing and use of information
consistent with this subsection.
(4)
No waiver of an existing privilege or claim of confidentiality in the
documents, materials, or information may occur as a result of disclosure to the
commissioner under this section or as a result of sharing as authorized in
subsection (3) of this section.
(5)
Documents, materials, or information, which is either confidential or
privileged, or both, which has been provided to the commissioner by (a) the
national association of insurance commissioners and its affiliates and
subsidiaries, (b) regulatory or law enforcement officials of other states and
nations, the federal government, or international authorities, or (c) agencies
of this state is confidential and privileged only if the documents, materials,
or information is protected from disclosure by the applicable laws of the
jurisdiction that is the source of the document, material, or information.
NEW
SECTION. Sec. 2. A
new section is added to chapter 42.17 RCW to read as follows:
Documents,
materials, or information obtained by the insurance commissioner under section
1 of this act are confidential and privileged and not subject to public
disclosure under this chapter.
