Pennsylvania Statutes Title 40 P.S. Insurance § 991.1407. Confidential treatment

(1) Subject to discovery or admissible in evidence in a private civil action.

(2) Subject to subpoena.

(3) Subject to the act of February 14, 2008 (P.L. 6, No. 3),  4 known as the “Right-to-Know Law.”

(4) Made public by the department or any other person, except to regulatory or law enforcement officials of other jurisdictions or group supervisors or members of a supervisory college in accordance with subsection (c), without the prior written consent of the insurer to which it pertains unless the department, after giving the insurer and its affiliates who would be affected thereby notice and opportunity to be heard, determines that the interest of policyholders, shareholders or the public will be served by the publication thereof, in which event it may publish all or any part thereof in such manner as it may deem appropriate.

(1) Share confidential and privileged documents, materials or other information covered under this section with regulatory or law enforcement officials of this Commonwealth or other jurisdictions, the IAIS, the NAIC and its affiliates and subsidiaries, group supervisors and members of any supervisory college under section 1406.1, provided that prior to receiving the documents, materials or other information, the recipient demonstrates by written statement the necessary authority and intent to provide the same confidential treatment to the information as required by this article. The department may only share confidential and privileged documents, materials or information reported under section 1404(k.1) with state insurance regulators having statutes or regulations substantially similar to subsection (a) and who have agreed in writing not to disclose such information.

(2) Receive and maintain as confidential any documents, materials or other information from the IAIS or the NAIC and its affiliates and subsidiaries or from regulatory and law enforcement officials of this Commonwealth or other jurisdictions in which the documents, materials or other information are confidential by law in those jurisdictions. Documents, materials or other information obtained under this section 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.

(1) Specific procedures and protocols regarding the confidentiality and security of information shared with the IAIS or the NAIC and its affiliates and subsidiaries under this article, including procedures and protocols for sharing by the IAIS or the NAIC with other Federal, state or international regulators.

(2) Provisions specifying that ownership of information shared with the IAIS or the NAIC and its affiliates and subsidiaries under this article remains with the department and that the use of the information by the IAIS or the NAIC is subject to the approval of the department.

(3) A provision providing that the IAIS or the NAIC and its affiliates and subsidiaries will, where permitted by law, give prompt notice to the department and the insurer regarding any subpoena, request for disclosure or request for production of the insurer's confidential information in the possession of the IAIS or the NAIC under this article.

(4) A requirement that the IAIS or the NAIC and its affiliates and subsidiaries will consent to intervention by an insurer in any judicial or administrative action in which the IAIS or the NAIC and its affiliates and subsidiaries may be required to disclose confidential information about the insurer that was shared with the IAIS or the NAIC and its affiliates and subsidiaries under this article.

(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 in evidence in any private civil action.