(1) Except as provided in subsection (3) of this section, any document, material or other information that is in the possession or control of the Department of Consumer and Business Services for the purpose of administering ORS 646A.250 to 646A.270, 697.005 to 697.095, 697.602 to 697.842, 717.200 to 717.320, 717.900 and 717.905, ORS chapters 59, 722, 723, 725 and 726, the Bank Act and the Insurance Code and that is described in statute as confidential or as not subject to disclosure is not subject to disclosure under ORS 192.410 to 192.505, is not subject to subpoena and is not subject to discovery or admissible in evidence in any private civil action. The Director of the Department of Consumer and Business Services may use such confidential documents, materials or other information in administering ORS 646A.250 to 646A.270, 697.005 to 697.095, 697.602 to 697.842, 717.200 to 717.320, 717.900 and 717.905, ORS chapters 59, 722, 723, 725 and 726, the Bank Act and the Insurance Code and in the furtherance of any other regulatory or legal action brought as a part of the director’s duties.
(2) Any document, material or other information to which subsection (1) of this section applies is subject to the public officer privilege described in ORS 40.270.
(3) In order to assist in the performance of the director’s duties, the director:
(a) May authorize the sharing of confidential documents, materials and other information subject to subsection (1) of this section as appropriate among the administrative divisions and staff offices of the department created under ORS 705.115 for the purpose of administering and enforcing the statutes referred to in subsection (1) of this section, in order to enable the administrative divisions and staff offices to carry out their functions and responsibilities.
(b) May share documents, materials and other information, including the confidential documents, materials and other information that is subject to subsection (1) of this section or that is otherwise confidential under ORS 192.501 or 192.502, with other state, federal, foreign and international regulatory and law enforcement agencies and with the National Association of Insurance Commissioners and its affiliates or subsidiaries, if the recipient agrees to maintain the confidentiality of the documents, materials and other information.
(c) May receive documents, materials and other information, including otherwise confidential documents, materials and other information, from state, federal, foreign and international regulatory and law enforcement agencies and from the National Association of Insurance Commissioners and its affiliates or subsidiaries. The director shall maintain as confidential as provided in this section any such document, material or other information received upon notice or with an understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material or other information.
(4) Neither disclosure of documents, materials or other information to the director under this section nor the sharing of documents, materials or other information as authorized in subsection (3) of this section waives any applicable privilege or claim of confidentiality in the documents, materials or other information.
(5) This section does not prohibit the director from releasing final, adjudicated actions, including suspensions or revocations of certificates of authority or licenses, when the actions are otherwise open to public inspection, to a database or other clearinghouse service maintained by the National Association of Insurance Commissioners or its affiliates or subsidiaries. [2001 c.377 §2]
Section: Previous 705.110 705.115 705.117 705.120 705.125 705.130 705.135 705.137 705.139 705.140 705.141 705.143 705.145 705.148 705.150 NextLast modified: August 7, 2008