2015 ORS § 705.137¹
Information that is confidential or not subject to disclosure
  • public officer privilege
  • permitted uses of confidential information

(1) Except as provided in subsection (3) of this section, a document, material or other information that the Department of Consumer and Business Services possesses or controls for the purpose of administering ORS 86A.095 (Short title) to 86A.198 (Materials in languages other than English), 86A.990 (Criminal penalties for violations of ORS 86A.095 to 86A.198), 86A.992 (Civil penalties for violations of ORS 86A.095 to 86A.198), 697.005 (Definitions for ORS 697.005 to 697.095) to 697.095 (Civil penalties), 697.602 (Definitions for ORS 697.602 to 697.842) to 697.842 (Disposition of moneys received by director), 717.200 (Definitions) to 717.320 (Short title), 717.900 (Civil penalties) and 717.905 (Criminal penalties) and ORS chapters 59, 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 (Definitions for ORS 192.410 to 192.505) to 192.505 (Exempt and nonexempt public record to be separated), is not subject to subpoena and is not subject to discovery or admissible in evidence in a private civil action. The Director of the Department of Consumer and Business Services may use a confidential document, material or other information in administering ORS 86A.095 (Short title) to 86A.198 (Materials in languages other than English), 86A.990 (Criminal penalties for violations of ORS 86A.095 to 86A.198), 86A.992 (Civil penalties for violations of ORS 86A.095 to 86A.198), 697.005 (Definitions for ORS 697.005 to 697.095) to 697.095 (Civil penalties), 697.602 (Definitions for ORS 697.602 to 697.842) to 697.842 (Disposition of moneys received by director), 717.200 (Definitions) to 717.320 (Short title), 717.900 (Civil penalties) and 717.905 (Criminal penalties) and ORS chapters 59, 723, 725 and 726, the Bank Act and the Insurance Code and in furthering a regulatory or legal action the director brings as a part of the directors duties.

(2) A 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 (Rule 509. Public officer privilege).

(3) In order to assist in the performance of the directors duties, the director may:

(a) Authorize sharing a confidential document, material or other information that is subject to subsection (1) of this section as appropriate among the administrative divisions and staff offices of the department created under ORS 705.115 (Department organization) for the purpose of administering and enforcing the statutes identified in subsection (1) of this section, in order to enable the administrative divisions and staff offices to carry out the functions and responsibilities of the administrative divisions and staff offices.

(b) Share a document, material or other information, including a confidential document, material or other information that is subject to subsection (1) of this section or that is otherwise confidential under ORS 192.501 (Public records conditionally exempt from disclosure) or 192.502 (Other public records exempt from disclosure), with other state, federal, foreign and international regulatory and law enforcement agencies, with the Federal Reserve Board and with the National Association of Insurance Commissioners and affiliates or subsidiaries of the National Association of Insurance Commissioners, if the recipient agrees to maintain the confidentiality of the document, material or other information.

(c) Receive a document, material or other information, including an otherwise confidential document, material or other information, from state, federal, foreign and international regulatory and law enforcement agencies, from the Federal Reserve Board and from the National Association of Insurance Commissioners and affiliates or subsidiaries of the National Association of Insurance Commissioners. As provided in this section, the director shall maintain the confidentiality of documents, materials or other information the director receives if the director receives notice or has an understanding that the document, material or other information is confidential or privileged under the laws of the jurisdiction that is the source of the document, material or other information.

(4) Disclosing a document, material or other information to the director under this section or sharing a document, material or other information as authorized in subsection (3) of this section does not waive an applicable privilege or claim of confidentiality in the document, material or other information.

(5) This section does not prohibit the director from disclosing to a database or other clearinghouse service maintained by the National Association of Insurance Commissioners or affiliates or subsidiaries of the National Association of Insurance Commissioners information about a final, adjudicated action, including a suspension or revocation of a certificate of authority or a license, if the information is otherwise open to public inspection. [2001 c.377 §2; 2009 c.541 §24; 2009 c.604 §25; 2015 c.244 §1]