P.R. Laws tit. 26, § 4509

2019-02-20 00:00:00+00
§ 4509. Confidentiality

(1) All risk based capital plans and all corrective orders issued by the Commissioner pursuant to this chapter, or which is under the power or control of the Office of the Insurance Commissioner, shall not be open to public inspection.

(2) In order to be able to discharge his/her duties, the Commissioner:

(a) May share documents, materials or other information — including documents, materials or information not open to public inspection, as provided in subsection (1) of this section — with other Commonwealth, federal and international agencies, with the NAIC and its branches and subsidiaries, and with Commonwealth, federal and international law enforcement authorities, provided the latter do not render these open to public inspection.

(b) May receive documents, materials or information — including documents, materials or information treated by other agencies as confidential and privileged information — from the NAIC and its branches and subsidiaries and from regulatory or law enforcement officers from other foreign or local jurisdictions, and he/she shall maintain the confidentiality or the privilege of any document, material or information he/she has received whereby it is specified or construable that the same is confidential or privileged pursuant to the laws of the jurisdiction originating the document, material or information.

(3) It shall not be construed that exchanging information with or furnishing information to the Commissioner, as set forth in subsection (2) of this section, constitutes a waiver of any privilege whatsoever, or that such action alters the category of a document, material or information so as to render the same open to public inspection.

History —Ins. Code, added as § 45.090 on Mar. 18, 2008, No. 32, § 1, eff. 1 year after Mar. 18, 2008.