2015 ORS 732.672¹
Confidentiality
  • permissible disclosures
  • agreement with National Association of Insurance Commissioners

(1) All documents, materials or other information, including any own risk and solvency assessment summary report, that the Department of Consumer and Business Services possesses or controls, that the Director of the Department of Consumer and Business Services obtained or created or that were otherwise disclosed to the director or any other person in the course of implementing ORS 732.650 (Definitions) to 732.672 (Confidentiality) are confidential, are subject to the provisions of ORS 705.137 (Information that is confidential or not subject to disclosure), 705.138 (Confidential and privileged documents), 705.139 (Agreements with other agencies regarding sharing and use of confidential information) and 731.312 (Report of examination) and are 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).

(2) Notwithstanding subsection (1) of this section, the director may:

(a) Use the documents, materials or other information in any regulatory or legal action the director brings as a part of the director’s official duties.

(b) Share documents, materials or other information related to an own risk and solvency assessment, including confidential documents and information, only:

(A) As provided in ORS 705.137 (Information that is confidential or not subject to disclosure), 705.138 (Confidential and privileged documents) and 705.139 (Agreements with other agencies regarding sharing and use of confidential information) in response to a request from a chief insurance regulatory official, the National Association of Insurance Commissioners or a state, federal, foreign or international law enforcement agency; and

(B) After receiving written consent from the affected insurer.

(c) Share documents or materials or other information related to an own risk and solvency assessment with any third-party consultants the director designates, but only if the consultant:

(A) Agrees in writing to keep the documents, materials or other information confidential; and

(B) Demonstrates in writing and to the director’s satisfaction that the consultant has the capacity and legal authority to keep the documents, materials or other information confidential.

(3) In addition to the requirements of ORS 705.137 (Information that is confidential or not subject to disclosure), 705.138 (Confidential and privileged documents) and 731.312 (Report of examination), the director shall enter into a written agreement with the National Association of Insurance Commissioners or a third-party consultant that:

(a) Prohibits the National Association of Insurance Commissioners or a third-party consultant from storing the information the director or the department shares under ORS 732.650 (Definitions) to 732.672 (Confidentiality) in a permanent database after the underlying analysis is complete; and

(b) Requires that an affected insurer must give written consent before a third-party consultant may disclose any documents, material or information the director or the department shares under ORS 732.650 (Definitions) to 732.672 (Confidentiality). [2015 c.547 §9]

Note: See note under 732.650 (Definitions).

Note: Section 29, chapter 547, Oregon Laws 2015, provides:

Sec. 29. Each insurer required to do so shall file the first own risk and solvency assessment summary report for the calendar year ending December 31, 2016, in accordance with section 6 of this 2015 Act [732.662 (Own risk and solvency summary report)]. [2015 c.547 §29]


1 Legislative Counsel Committee, CHAPTER 732—Organization and Corporate Procedures of Domestic Insurers; Regulation of Insurers Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors732.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.