Pennsylvania Statutes Title 40 P.S. Insurance § 310.79. Confidentiality

(a) General rule.--Any documents, materials or other information in the control or possession of the department which is furnished by an insurer or licensee under section 671.1-A  1 or which is obtained by the department in an investigation pursuant to this act shall be confidential by law and privileged, shall not be subject to the act of June 21, 1957 (P.L. 390, No. 212),  2 referred to as the Right-to-Know Law, shall not be subject to subpoena and shall not be subject to discovery or admissible in evidence in any private civil action. However, the department is authorized to use the documents, materials or other information in the furtherance of any regulatory or legal action brought as a part of the department's duties.

(b) Testimony prohibited.--Neither the department nor any person who received documents, materials or other information while acting under the authority of the department shall be permitted or required to testify in any private civil action concerning any confidential documents, materials or information subject to subsection (a).

(c) Information sharing.--In order to assist in the performance of the department's duties under this article, the department may share and receive confidential information in accordance with section 202-A.  3

(d) Effect of sharing.--No waiver of any applicable privilege or claim of confidentiality in the documents, materials or information shall occur as a result of disclosure to the department under section 671.1-A or as a result of sharing as authorized in subsection (c).

(e) Exception.--Nothing in this article shall prohibit the department from releasing final, adjudicated actions that are open to public inspection pursuant to the Right-to-Know Law to a database or other clearinghouse service maintained by the NAIC, its affiliates or subsidiaries.