Section 991.2608 - Confidentiality(a)General rule.--The ORSA-related information in the possession of or the control of the department that is produced by, obtained by or disclosed to, the department or any other person under this article shall be privileged and given confidential treatment and shall not be:(1) Subject to discovery or admissible as evidence, in a private civil action.(3) Subject to the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.(4) Made public by the department or any other person without the prior written consent of the insurer to which it pertains, except as provided in subsection (c).(b)Private civil actions.--The commissioner, department or any individual or person who receives ORSA-related information while acting under the authority of the commissioner or department or with whom the ORSA-related information is shared pursuant to this article shall not be permitted or required to testify in any private civil action concerning the ORSA-related information.(c)Use of ORSA-related information by the department.--To assist in the performance of regulatory duties, the department:(1) May use ORSA-related information in furtherance of any regulatory or legal action brought as part of the department's official duties.(2) May share ORSA-related information with the NAIC, regulatory or law enforcement officials of this Commonwealth or other jurisdictions, group supervisors, members of any supervisory college under section 1406.1 and with third-party consultants under section 2607, provided that, prior to receiving the ORSA-related information, the recipient demonstrates by written statement the necessary authority and intent to provide the same confidential treatment as required by this article.(3) May receive and maintain as confidential ORSA- related information from the NAIC, regulatory or law enforcement officials of this Commonwealth or other jurisdictions, group supervisors and members of any supervisory college under section 1406.1 in which the ORSA- related information is confidential by law in those jurisdictions. ORSA-related information obtained under this paragraph shall be given confidential treatment, may not be subject to subpoena and may not be made public by the department, commissioner or any other person.(d)Written agreements.--The department shall enter into written agreements with the NAIC or a third-party consultant governing sharing and use of information provided under this article that includes all of the following: (1) Specific procedures and protocols for maintaining the confidentiality and security of ORSA-related information.(2) Procedures and protocols for sharing ORSA-related information with regulators from other states in which the insurance group has domiciled insurers, including a written acknowledgment of the recipient's intent and legal authorityto maintain the confidential and privileged status of the ORSA-related information.(3) A provision specifying that ownership of the ORSA- related information shared remains with the department and that the use of the ORSA-related information is subject to the direction and approval of the department.(4) A provision that prohibits storing, in a permanent database after the underlying analysis is completed, ORSA- related information shared pursuant to this article.(5) A provision requiring the NAIC or third-party consultant, where permitted by law, to give prompt notice to the department and to the insurer regarding any subpoena, request for disclosure or request for production of the insurer's ORSA-related information in the possession of the NAIC or third-party consultant.(6) A requirement that the NAIC or third-party consultant would consent to intervention by an insurer in any judicial or administrative action in which the NAIC or third- party consultant may be required to disclose ORSA-related information or other confidential information about the insurer or insurer group that was shared under this article.(e) No delegation.--The sharing of information by the department under this article shall not constitute a delegation of regulatory authority or rulemaking. The department is solely responsible for the administration, execution and enforcement of this article.(f)No waiver of privilege or confidentiality.--The sharing of ORSA-related information with, to or by the department as authorized by this article shall not constitute a waiver of any applicable privilege or claim of confidentiality.(g)Information with third parties.--ORSA-related information in the possession or control of the NAIC or a third- party consultant as provided under this article shall: (1) Be confidential and privileged.(2) Not be subject to the Right-to-Know Law.(3) Not be subject to subpoena.(4) Not be subject to discovery or admissible as evidence, in any private civil action.Added by P.L. 656 2013 No. 78, § 2, eff. 1/1/2015.