55-525.32 - (Effective October 1, 2010) Confidentiality of information obtained by the Commission.
§ 55-525.32. (Effective October 1, 2010) Confidentiality of informationobtained by the Commission.
A. Any documents, materials, or other information in the control orpossession of the Commission that are furnished by a title insurance companyor title insurance agent or an employee thereof acting on behalf of the titleinsurance company or title insurance agent, or obtained by the Commission inan investigation pursuant to this chapter shall be confidential by law andprivileged, shall not be subject to inspection or review by the generalpublic, shall not be subject to subpoena, and shall not be subject todiscovery or admissible in evidence in any private civil action. TheCommission is authorized to use the documents, materials, or otherinformation in the furtherance of any regulatory or legal action brought as apart of the Commission's duties.
B. Neither the Commission nor any person who received documents, materials,or other information while acting under the authority of the Commission shallbe permitted or required to testify in any private civil action concerningany confidential documents, materials, or information subject to subsection A.
C. In order to assist in the performance of the Commission's duties underthis chapter, the Commission:
1. May share documents, material, or other information, including theconfidential and privileged documents, materials, or information subject tosubsection A, with other state, federal, and international regulatoryagencies; with the Association, its affiliates or subsidiaries; and withlocal, state, federal, and international law-enforcement authorities,provided that the recipient agrees to maintain the confidentiality andprivileged status of the document, material, or other information; and
2. May receive documents, materials, or information, including otherwiseconfidential and privileged documents, materials, or information, from theAssociation, its affiliates or subsidiaries and from regulatory andlaw-enforcement officials of other foreign or domestic jurisdictions, andshall maintain as confidential or privileged any document, material, orinformation received with notice or the understanding that it is confidentialor privileged under the laws of the jurisdiction that is the source of thedocument, material, or information.
D. No waiver of any applicable privilege or claim of confidentiality in thedocuments, materials, or information shall occur as a result of disclosure tothe Commission under this section or as a result of sharing as authorized insubsection C.
E. Nothing in this chapter shall prohibit the Commission from releasingfinal, adjudicated actions including for-cause terminations that are open topublic inspection pursuant to Chapter 4 (§ 12.1-18 et seq.) of Title 12.1 toa database or other clearinghouse service maintained by the Association, itsaffiliates, or subsidiaries.
(2006, c. 312, § 6.1-2.27:1; 2008, c. 303; 2010, c. 794.)