Confidentiality Clauses: Titles 38.2 through 53.1

TITLE 38.2 INSURANCE

TITLE 38.2. INSURANCE; CHAPTER 2. PROVISIONS OF A GENERAL NATURE
§ 38.2-221.1. Confidentiality of information
“Whenever, during the course of a market conduct examination pursuant to Article 4 (§ 38.2-1317 et seq.) of Chapter 13 or inspection request or inquiry pursuant to § 38.2-200, the Commission requests an insurer to furnish information which the insurer considers confidential proprietary information, such confidential proprietary information shall be submitted to the Commission but shall be excluded from, and the Commission shall not be subject to, subpoena or public inspection with respect to such information if the insurer (i) invokes such exclusion, in writing, upon submission of the data or other materials for which protection from disclosure is sought; (ii) identifies the data or other materials for which protection is sought; and (iii) states the reason why protection is necessary. Nothing contained herein shall prohibit the Commission from (i) using such confidential proprietary information in furtherance of any regulatory or legal action; (ii) publishing any decisions, orders, findings, opinions, or judgments; or (iii) publishing any final market conduct report or any other report containing aggregated findings, provided that such report, decisions, orders, findings, opinions, or judgments shall not disclose such confidential proprietary information unless the Commission has found, after the insurer has been provided notice and opportunity to be heard, that such information is not confidential proprietary information. No waiver of an existing privilege or claim of confidentiality shall occur as a result of disclosure to the Commission under this section.”

TITLE 38.2. INSURANCE; CHAPTER 58. UNFAIR TRADE PRACTICES; ARTICLE 3. CLASSES OF INSURANCE COMPANIES MAY WRITE; REINSURANCE
§ 38.2-508.4. Genetic information privacy
“Notwithstanding any other provisions of law, all information obtained from genetic screening or testing conducted prior to the repeal of this section shall be confidential and shall not be made public nor used in any way, in whole or in part, to cancel, refuse to issue or renew, or limit benefits under any policy, contract or plan subject to the provisions of this section.”

TITLE 38.2. INSURANCE; CHAPTER 12. RECIPROCAL INSURANCE; ARTICLE 2. DOMESTIC RECIPROCALS
§ 38.2-1230. Material transactions
“Any report or other information filed pursuant to this section shall not be open to public inspection and shall receive confidential treatment by the Commission.”

TITLE 38.2. INSURANCE; CHAPTER 12. RECIPROCAL INSURANCE; ARTICLE 2. DOMESTIC RECIPROCALS
§ 38.2-1231. Attorney’s financial statement
“The subscribers’ advisory committee of a domestic reciprocal shall annually obtain from its attorney an audited financial report of the attorney’s financial position and the results of its operations as related to its management of the reciprocal. A copy of the report shall be filed with the Commission. The report filed pursuant to this section and any information provided in connection with the preparation of such report shall not be open to public inspection and shall receive confidential treatment by the Commission.”

TITLE 38.2. INSURANCE; CHAPTER 13. REPORTS, RESERVES AND EXAMINATIONS, INSURANCE HOLDING COMPANIES; ARTICLE 1. ANNUAL STATEMENTS AND OTHER REPORTS
§ 38.2-1301.1(A) & (B). Material transaction disclosures
“A. Every insurer domiciled in this Commonwealth shall file a report with the Commission disclosing material acquisitions and dispositions of assets or material nonrenewals, cancellations or revisions of ceded reinsurance agreements unless such acquisitions and dispositions of assets or material nonrenewals, cancellations or revisions of ceded reinsurance agreements have been submitted to the Commission for review, approval or information purposes pursuant to other provisions of Title 38.2 or the rules and regulations of the Commission.

1. The report required by this subsection is due within fifteen days after the end of the calendar month in which any of the foregoing transactions occur.

2. One complete copy of the report, including any exhibits or other attachments filed as part thereof, shall be filed with the National Association of Insurance Commissioners unless the insurer has applied for and has been granted an exemption from this requirement by the Commission.

B. All reports obtained by or disclosed to the Commission pursuant to this section, shall be given confidential treatment, shall not be subject to subpoena, and shall not be made public by the Commission, the National Association of Insurance Commissioners, or any other person without the prior written consent of the insurer to which it pertains unless the Commission, after giving the insurer which would be affected thereby, notice and an opportunity to be heard, determines that the interest of policyholders, shareholders, or the public will be served by the publication thereof, in which event the Commission may publish all or any part thereof in such manner as it may deem appropriate. Notwithstanding the foregoing, the Commission may at its discretion disclose such reports to (i) a regulatory official of any state or country; (ii) the National Association of Insurance Commissioners, its affiliate or its subsidiary; or (iii) a law-enforcement authority of any state or country. Any such disclosure by the Commission shall not constitute a waiver of confidentiality of any such report. “

TITLE 38.2. INSURANCE; CHAPTER 13. REPORTS, RESERVES AND EXAMINATIONS, INSURANCE HOLDING COMPANIES; ARTICLE 1. ANNUAL STATEMENTS AND OTHER REPORTS
§ 38.2-1306. Reports to be open to public inspection
“The Commission shall keep on file for at least three years all reports required by law and all special reports required by it to be filed by insurers. The Commission shall keep copies of the annual statement convention blanks and the quarterly financial statements filed with the Commission and, pursuant to subsection D of § 38.2-1300 and subsection B of § 38.2-1301 respectively, with the National Association of Insurance Commissioners (NAIC), available for inspection by interested persons at any reasonable time. For companies not required to file with the NAIC, the Commission shall make available for inspection copies of such comparable financial statements of financial condition as those companies may be required to file routinely with the Commission pursuant to the provisions of this title. Except as provided otherwise by statute, or by order, rule or regulation promulgated by the Commission, no special report shall be open to public inspection.”

TITLE 38.2. INSURANCE; CHAPTER 13. REPORTS, RESERVES AND EXAMINATIONS, INSURANCE HOLDING COMPANIES; ARTICLE 1. ANNUAL STATEMENTS AND OTHER REPORTS
§ 38.2-1306.1. Insurance companies’ analyses confidential
“A. All regulatory or financial analyses, ratios and examination synopses concerning insurance companies or insurance transactions that are submitted to the Commission by the National Association of Insurance Commissioners (NAIC), including information generated by any NAIC databases developed for use by regulators, are not open to public inspection and shall receive confidential treatment by the Commission.

B. Financial analyses and test ratios generated by the Commission, pursuant to the NAIC’s Insurance Regulatory Information System (IRIS) or Financial Analysis and Solvency Tracking (FAST) System, any successor program, or any similar program developed by the Commission, are not public records, shall not be subject to subpoena, and shall receive confidential treatment.

C. Notwithstanding other provisions to the contrary, nothing contained in this chapter shall prevent or be construed as prohibiting the Commission from disclosing otherwise confidential information, administrative or judicial orders, or the content of any analysis or any matter related thereto, at any time to (i) a regulatory official of any state or country; (ii) the NAIC, its affiliate or its subsidiary; or (iii) a law-enforcement authority of any state or country, provided that those officials are required under their law to maintain its confidentiality. Any such disclosure by the Commission shall not constitute a waiver of confidentiality of any such documents or information.

D. Documents or information received from the insurance regulatory officials of any state or country which are confidential in those jurisdictions are not open to public inspection and shall receive confidential treatment by the Commission. “

TITLE 38.2. INSURANCE; CHAPTER 13. REPORTS, RESERVES AND EXAMINATIONS, INSURANCE HOLDING COMPANIES; ARTICLE 4. EXAMINATIONS
§ 38.2-1320.4(A). Publication and use of examination reports
“A. Upon the filing of the examination report under subdivision 1 of § 38.2-1320.2, the Commission shall continue to hold the content of the examination report as private and confidential information for a period of ten days except to the extent provided in § 38.2-1320.3. Thereafter, the Commission may open the report for public inspection so long as no court of competent jurisdiction has stayed its publication.”

TITLE 38.2. INSURANCE; CHAPTER 13. REPORTS, RESERVES AND EXAMINATIONS, INSURANCE HOLDING COMPANIES; ARTICLE 4. EXAMINATIONS
§ 38.2-1320.5. Confidentiality of ancillary information
“All working papers, recorded information, documents and copies thereof produced by, obtained by or disclosed to the Commission or any other person in the course of an examination made under this article shall be given confidential treatment, are not subject to subpoena, and may not be made public by the Commission or any other person, except to the extent provided in § 38.2-1320.4. Access may also be granted to (i) a regulatory official of any state or country; (ii) the NAIC, its affiliate or its subsidiary; or (iii) a law-enforcement authority of any state or country. Any such disclosure by the Commission shall not constitute a waiver of confidentiality of such papers, recorded information, documents or copies thereof. Any parties receiving such papers must agree in writing prior to receiving the information to provide to it the same confidential treatment as required by this section, unless the prior written consent of the company to which it pertains has been obtained.”

TITLE 38.2. INSURANCE; CHAPTER 13. REPORTS, RESERVES AND EXAMINATIONS, INSURANCE HOLDING COMPANIES; ARTICLE 5. INSURANCE HOLDING COMPANIES
§ 38.2-1333. Confidential treatment of information and documents
“All information, documents, and copies obtained by or disclosed to the Commission or any other person in the course of an examination or investigation made pursuant to § 38.2-1332, and all information reported pursuant to § 38.2-1329, shall be confidential, shall not be subject to subpoena, and shall not be made public by the Commission or any other person without the prior written consent of the insurer to which they pertain. However, this provision shall not apply to information disclosed to (i) a regulatory official of any state or country; (ii) the National Association of Insurance Commissioners, its affiliate or its subsidiary; or (iii) a law-enforcement authority of any state or country. Any such disclosure by the Commission shall not constitute a waiver of confidentiality of such information, documents or copies thereof. After an insurer and its affiliates have been given notice and opportunity to be heard, the Commission may publish all or any part of the information and materials referred to in this section in any manner it considers appropriate, if it determines that the interests of policyholders or the public will be served by the publication.”

TITLE 38.2. INSURANCE; CHAPTER 17. VIRGINIA LIFE, ACCIDENT AND SICKNESS INSURANCE GUARANTY ASSOCIATION; ARTICLE 1. ESTABLISHMENT AND OPERATION OF THE ASSOCIATION
§ 38.2-1708. Detection and prevention of insolvencies
“The board of directors, upon majority vote, may request that the Commission order an examination of any member insurer that the board, in good faith, believes may be in a financial condition hazardous to the policyholders or the public. Within thirty days of the receipt of the request, the Commission shall begin the examination. The examination may be conducted as the National Association of Insurance Commissioners examination or may be conducted by persons the Commission designates. The cost of the examination shall be paid by the Association, and the examination report shall be treated like other examination reports. In no event shall the examination report be released to the board of directors prior to its release to the public, but this shall not preclude the Commission from complying with subsection A of this section. The Commission shall notify the board of directors when the examination is completed. The request for an examination shall be kept on file by the Commission but it shall not be open to public inspection prior to the release of the examination report to the public.”

TITLE 38.2. INSURANCE; CHAPTER 18. INSURANCE AGENTS; ARTICLE 1. DEFINITIONS AND GENERAL PROVISIONS
§ 38.2-1810(A) & (B). Report of acts deemed larceny under § 18.2-111; privileged communications; attorney for the Commonwealth to be informed
“A. Whenever any insurer licensed to transact the business of insurance in this Commonwealth knows or has reasonable cause to believe that any licensee under this title has committed any act of larceny as prescribed in § 18.2-111 with respect to any money, bill, note, check, order, draft or other property either belonging to the insurer or received by the licensee on behalf of the insurer, it shall be the duty of the insurer within sixty calendar days after acquiring the knowledge to file with the Commission a complete statement of the relevant facts and circumstances. Each statement shall be a privileged communication, and when made and filed shall not subject the insurer, or any individual representative of it that is making or filing the statement, to any liability whatsoever.

B. Whenever any insurer licensed to transact the business of title insurance in this Commonwealth knows or has reasonable cause to believe that any title insurance agent appointed by such insurer has committed any act of larceny as prescribed in § 18.2-111 with respect to any money, bill, note, check, order, draft or other property either belonging to the insured or prospective insured or received by the agent on behalf of the insured or prospective insured related to that agent’s provision of escrow, closing or settlement services as defined in § 6.1-2.20, it shall be the duty of the insurer within sixty calendar days after acquiring such knowledge to file with the Commission a complete statement of the relevant facts and circumstances. Each statement shall be a privileged communication, and when made and filed shall not subject the insurer, or any individual representative of it that is making or filing the statement, to any liability whatsoever. “

TITLE 38.2. INSURANCE; CHAPTER 19. REGULATION OF RATES GENERALLY
§ 38.2-1916.1. Investigation by Attorney General of suspected violations; investigative demand to witnesses; access to business records, etc.; penalties
“M. It shall be the duty of the Attorney General, or his designees, to maintain the secrecy of all evidence, testimony, documents, or other results of such investigations until formal proceedings are instituted. Violation of this subsection shall be punishable pursuant to § 38.2-218. Nothing contained in this section shall be construed to prevent the disclosure of any such investigative evidence by the Attorney General in his discretion to the Commissioner of Insurance, the State Corporation Commission, or to any federal or state law-enforcement authority that has restrictions governing confidentiality similar to those contained in this subsection.”

TITLE 38.2. INSURANCE; CHAPTER 19. REGULATION OF RATES GENERALLY
§ 38.2-1921.1. (For effective date — See note) Professional employer organization workers’ compensation rating “A professional employer organization may aggregate its coemployees under a single employer plan for the purpose of providing employee benefits provided that the professional employer organization meets the regulatory licensure and filing requirements promulgated by the Commission for fully insured multiple employer welfare arrangements. The following information required to be filed shall be confidential and shall not be disclosed to the public: (i) all information related to the names and addresses of employers participating in the plan and (ii) all information pertaining to the adequacy of the plan’s level of reserves and contributions; however, nothing herein shall (i) prevent the Commission from using such information in any regulatory proceeding or (ii) be interpreted to prohibit or limit the production of documents containing such information from the professional employer organization pursuant to an otherwise lawful subpoena issued by a court of competent jurisdiction.”

TITLE 38.2. INSURANCE; CHAPTER 27. BASIC PROPERTY INSURANCE RESIDUAL MARKET FACILITY AND JOINT UNDERWRITING ASSOCIATION
§ 38.2-2711. Immunity from liability; reports, etc., not public documents
“There shall be no liability on the part of, and no cause of action shall arise against any insurer, any inspection service, the residual market facility, the joint underwriting association, or their directors, governing committee members, officers, agents or employees, or the Commission or its authorized representatives, for any action taken by them in good faith in the performance of their powers and duties under this chapter, nor for any inspections undertaken or statements made by them (i) in any reports and communications concerning the property insured or to be insured, (ii) at the time of the hearings conducted in connection with the property insured or to be insured, or (iii) in the findings required by this chapter. The reports and communications of an inspection bureau service, the residual market facility, and the joint underwriting association shall not be public documents.”

TITLE 38.2. INSURANCE; CHAPTER 31. LIFE INSURANCE ; ARTICLE 3. RESERVES
§ 38.2-3127.1. Actuarial opinion of reserves
Effective December 31, 1992, every life insurer, except as exempted by or pursuant to regulation, is required to file an opinion by a qualified actuary as to whether the reserves and related actuarial items held in support of the policies and contracts, when considered in light of the assets held by the insurer with respect to the reserves and related actuarial items make adequate provision for the insurer’s obligations under the policies and contracts. The material required to be filed by this provision “shall be kept confidential by the Commission and shall not be made public and shall not be subject to subpoena. However, the memorandum or other material may otherwise be released by the Commission (i) with the written consent of the insurer or (ii) to the American Academy of Actuaries upon the Academy’s written request stating that the memorandum or other material is required for professional disciplinary proceedings and that the American Academy of Actuaries will observe procedures satisfactory to the Commission to preserve the confidentiality of the memorandum or other material. Once any portion of the confidential memorandum is cited by the insurer in its marketing efforts or is cited before any governmental agency other than a state insurance department or is released by the insurer to the news media, all portions of the memorandum shall be no longer confidential.”

TITLE 38.2. INSURANCE; CHAPTER 42. HEALTH SERVICES PLANS; ARTICLE 2. HOLDING COMPANIES
§ 38.2-4235. Confidential treatment of information and documents
“All information, documents and copies obtained by or disclosed to the Commission or any other person in the course of an examination or investigation made pursuant to § 38.2-4234, and all information reported pursuant to § 38.2-4231, shall be confidential, shall not be subject to subpoena, and shall not be made public by the Commission or any other person without the prior written consent of the nonstock corporation to which they pertain. However, this provision shall not apply to information disclosed to (i) a regulatory official of any state or country; (ii) the National Association of Insurance Commissioners, its affiliate or its subsidiary; or (iii) a law-enforcement authority of any state or country. Any such disclosure by the Commission shall not constitute a waiver of confidentiality of such information. After the licensed nonstock corporation and its affiliates have been given notice and opportunity to be heard, the Commission may publish all or any part of the information and materials referred to in this section in any manner it considers appropriate, if it determines that the interests of subscribers or the public will be served by the publication.”

TITLE 38.2. INSURANCE ; CHAPTER 55. RISK-BASED CAPITAL ACT FOR INSURERS; ARTICLE 2. HOLDING COMPANIES
§ 38.2-5508(A). Confidentiality; prohibition on announcements; prohibition on use in ratemaking
“A. All RBC Plans and RBC Reports, to the extent the information therein is not required to be set forth in a publicly available annual statement schedule, which are filed with the Commission with respect to any domestic licensee or foreign licensee, constitute information that might be damaging to the licensee if made available to its competitors, and therefore shall be kept confidential by the Commission. This information shall not be made public nor shall it be subject to subpoena, other than by the Commission and then only for the purpose of enforcement actions taken by the Commission pursuant to this Act or any other provision of the insurance laws of this Commonwealth; however, the Commission may at its discretion disclose such confidential information to (i) a regulatory official of any state or country; (ii) the NAIC, its affiliate or its subsidiary; or (iii) a law-enforcement authority of any state or country. Any such disclosure by the Commission shall not constitute a waiver of confidentiality of such plans, reports, and information. As used in this subsection, RBC Reports and RBC Plans shall include the results or report of any examination or analysis of a licensee performed by the Commission pursuant to the provisions of this Act or by the insurance regulatory officials of another state pursuant to the provisions of a substantially similar risk-based capital statute.”

TITLE 40.1 LABOR AND EMPLOYMENT

TITLE 40.1. LABOR AND EMPLOYMENT; CHAPTER 3. PROTECTION OF EMPLOYEES; ARTICLE 5. SAFETY PROVISIONS
§ 40.1-51.4:1. Confidentiality of trade secrets
“All information reported to or otherwise obtained by the Commissioner or his authorized representative in connection with any inspection or proceeding under this title which contains or which might reveal a trade secret referred to in § 1905 of Title 18 of the United States Code shall be considered confidential for the purpose of that section, except that such information may be disclosed to the Commissioner or his authorized representatives concerned with carrying out any provisions of this title or any proceeding under the aforementioned title. In any such proceeding, the court, the Safety and Health Codes Board or the Commissioner shall issue such orders as may be appropriate to protect the confidentiality of trade secrets.”

TITLE 40.1. LABOR AND EMPLOYMENT; CHAPTER 3. PROTECTION OF EMPLOYEES; ARTICLE 5. SAFETY PROVISIONS
§ 40.1-51.4:3. Prohibition of use of certain questions on polygraph tests for employment
“No employer shall, as a condition of employment, require a prospective employee to answer questions in a polygraph test concerning the prospective employee’s sexual activities unless such sexual activity of the prospective employee has resulted in a conviction of a violation of the criminal laws of this Commonwealth. Any written record of the results of a polygraph examination given to a prospective employee by an employer shall be destroyed or maintained on a confidential basis by the employer giving the examination and shall be open to inspection only upon agreement of the employee tested.”

TITLE 40.1. LABOR AND EMPLOYMENT; CHAPTER 3.3. VIRGINIA ASBESTOS NESHAP ACT; ARTICLE 2. ANTIQUE AND MODEL BOILERS
§ 40.1-51.32. Owners to furnish plans, specifications and information
“Every owner which the Commissioner has reason to believe is causing, or may be about to cause, an asbestos NESHAP problem shall on request of the Commissioner furnish such plans, specifications and information as may be required by the Commissioner in the discharge of his duties under this chapter. Any information, except emission data, as to secret processes, formulae or methods of manufacture or production shall not be disclosed in a public hearing and shall be kept confidential.”

TITLE 40.1. LABOR AND EMPLOYMENT; CHAPTER 3.3. VIRGINIA ASBESTOS NESHAP ACT; ARTICLE 2. ANTIQUE AND MODEL BOILERS
§ 40.1-51.33. Protection of trade secrets
“Any information, except emissions data, reported to or otherwise obtained by the Commissioner which contains or might reveal a trade secret shall be confidential and shall be limited to those persons who need such information for purposes of enforcement of this chapter or the federal Clean Air Act or regulations and orders of the Commissioner. It shall be the duty of each owner to notify the Commissioner of the existence of trade secrets when he desires the protection provided herein.”

TITLE 45.1 MINES AND MINING

TITLE 45.1. MINES AND MINING; CHAPTER 14.2. COAL MINE SAFETY ACT; ARTICLE 8. MINE INSPECTIONS
§ 45.1-161.84. Advance notice of inspections; confidentiality of trade secrets
“All information reported to or otherwise obtained by the Chief or the Director or his authorized representative in connection with any inspection or proceeding under this title which contains or might reveal a trade secret referred to in § 1905 of Title 18 of the United States Code shall be considered confidential for the purpose of that section, except that such information may be disclosed to the Chief or the Director or his authorized representative concerned with carrying out any provisions of this title or any proceeding hereunder. In any such proceeding, the court, the Chief or the Director shall issue such orders as may be appropriate to protect the confidentiality of trade secrets.”

TITLE 45.1. MINES AND MINING; CHAPTER 14.2. COAL MINE SAFETY ACT; ARTICLE 9. ENFORCEMENT AND PENALTIES; REPORTS OF VIOLATIONS
§ 45.1-161.97. Reports of violations
“The Department shall keep a record, on a form prepared for such purpose, of every alleged violation of this Act which is reported and the results of any investigation. The Department shall give a copy of the complaint form, with the identity of the person making the report being omitted or deleted, to the operator of the mine or his agent. The Department shall not disclose the identity of any person who reports an alleged violation to the owner or operator of the mine or his agent, or to any other person or entity. Information regarding the identity of the person reporting the violation shall be excluded from access under the provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).”

TITLE 45.1. MINES AND MINING; CHAPTER 14.4:1. MINERAL MINE SAFETY ACT; ARTICLE 4. LICENSING OF MINERAL MINES
§ 45.1-161.292:35. Annual reports; condition to issuance of license following transfer of ownership
“All wage information contained in any report filed with the Department pursuant to this section shall be exempt from the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) and shall not be published or open to public inspection in any manner revealing the employing unit’s identity, except that such information may be disclosed to the Director or his authorized representative concerned with carrying out any provisions of this title. Wage data aggregated in such a manner that it does not reveal the employing unit’s identity shall not be considered confidential.”

TITLE 45.1. MINES AND MINING; CHAPTER 14.4:1. MINERAL MINE SAFETY ACT; ARTICLE 8. ENFORCEMENT AND PENALTIES; REPORTS OF VIOLATIONS
§ 45.1-161.292:70. Reports of violations
“The Department shall not disclose the identity of any person who reports an alleged violation to the owner or operator of the mine or his agent, or to any other person or entity. Information regarding the identity of the person reporting the violation shall be excluded from access under the provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).”

TITLE 45.1. MINES AND MINING; CHAPTER 19. VIRGINIA COAL SURFACE MINING CONTROL AND RECLAMATION ACT OF 1979; ARTICLE 2. REGULATION OF MINING ACTIVITY
§ 45.1-233. Coal exploration operations
Coal exploration operations which substantially disturb the natural land surface must file a notice with the Director “Information submitted to the Director pursuant to this section as confidential concerning trade secrets or privileged commercial or financial information which relates to the competitive rights of the person or entity intended to explore the described area shall not be available for public examination.”

TITLE 45.1. MINES AND MINING; CHAPTER 19. VIRGINIA COAL SURFACE MINING CONTROL AND RECLAMATION ACT OF 1979; ARTICLE 2. REGULATION OF MINING ACTIVITY
§ 45.1-235. Form and contents of permit application; fee
“Each applicant for a coal surface mining permit shall file a copy of his application for public inspection at an appropriate public office approved by the Director where the mining is proposed to occur. However, information which pertains only to the analysis of the chemical and physical property of the coal, excepting information regarding such mineral or elemental content which is potentially toxic in the environment, shall be kept confidential upon request of the applicant and not made a matter of public record.”

TITLE 45.1. MINES AND MINING; CHAPTER 19. VIRGINIA COAL SURFACE MINING CONTROL AND RECLAMATION ACT OF 1979; ARTICLE 2. REGULATION OF MINING ACTIVITY
§ 45.1-244. Inspections and monitoring
“Copies of any records, reports, inspection materials, or information obtained by the Director [through an inspection] shall be made immediately available to the public at central and sufficient locations in the area of mining so that they are conveniently available to residents in such areas; however, information which pertains only to the analysis of the chemical and physical properties of the coal, excepting information regarding mineral or elemental content which is potentially toxic in the environment, shall be kept confidential and not made a matter of public record.”

TITLE 45.1. MINES AND MINING; CHAPTER 21. EXPLORATION FOR URANIUM ORE; ARTICLE 5. COAL SURFACE MINING RECLAMATION FUND
§ 45.1-285. Confidentiality of logs, surveys and reports
“The Chief shall hold confidential all logs, surveys, plats and reports filed under this chapter by those engaged in the exploration for uranium for a period of two years after the completion of the exploratory activities. Further, upon written request by any person engaged in the exploration for uranium, the Chief shall hold confidential all logs, surveys, plats and reports filed under this chapter for all additional two-year periods. Such request shall be granted by the Chief if the requesting party certifies that he considers all such information to be of a proprietary nature relating to his competitive rights. Nothing in this section shall be construed to deny to the State Geologist the access to all logs, surveys, plats and reports filed under this chapter.”

TITLE 45.1. MINES AND MINING; CHAPTER 22.1. THE VIRGINIA GAS AND OIL ACT; ARTICLE 1. GENERAL PROVISIONS
§ 45.1-361.6. Confidentiality
“The Director shall hold confidential all logs, surveys and reports relating to the drilling, completion and testing of a well which are filed by gas or oil operators under this chapter for a period of ninety days after the completion of the well or eighteen months after the total depth of the well has been reached, whichever occurs first. Upon receipt of a gas, oil, or geophysical operator’s written request, the Director shall hold confidential this information concerning an exploratory well or corehole for a period of two years after completion of the well or four years from the date such well or hole reaches total depth, whichever occurs first. The Director, for good cause shown by the gas, oil, or geophysical operator, may annually extend the period of time for which information regarding exploratory drilling is held confidential. However, the Director shall upon request provide a copy of any survey or log for strata through the lowest coal seam to the coal owner.”

TITLE 46.2 MOTOR VEHICLES

TITLE 46.2. MOTOR VEHICLES; SUBTITLE I. GENERAL PROVISIONS; DEPARTMENT OF MOTOR VEHICLES; CHAPTER 2. DEPARTMENT OF MOTOR VEHICLES; ARTICLE 1. POWERS AND DUTIES OF DEPARTMENT, GENERALLY
§ 46.2-208.1. Electronic transfer of information in Department records for voter registration purposes
“Notwithstanding the provisions of § 46.2-208, the Commissioner shall provide for the electronic transfer of information from the Department’s records to the State Board of Elections and the general registrars for the purpose of voter registration as required by Chapter 4 of Title 24.2. Except as provided in § 24.2-444, the State Board of Elections and the general registrars shall not make information provided by the Department available to the public and shall not provide such information to any third party.”

TITLE 46.2. MOTOR VEHICLES; SUBTITLE I. GENERAL PROVISIONS; DEPARTMENT OF MOTOR VEHICLES; CHAPTER 2. DEPARTMENT OF MOTOR VEHICLES; ARTICLE 1. POWERS AND DUTIES OF DEPARTMENT, GENERALLY
§ 46.2-210. List of registrations and titles
“The Commissioner shall have prepared a list of registrations and titles and furnish it to the commissioner of the revenue of each county and city without cost. The Commissioner shall not make such list available to the public, nor shall any commissioner of the revenue make such list available to any third party.”

TITLE 46.2. MOTOR VEHICLES; SUBTITLE II. TITLING, REGISTRATION AND LICENSURE; CHAPTER 3. LICENSURE OF DRIVERS; ARTICLE 3. PERSONS NOT TO BE LICENSED
§ 46.2-322. Examination of licensee believed incompetent; suspension, or restriction of license; license application to include questions as to physical or mental conditions of applicant; false answers; examination of applicant; physician’s statement
“If the Department has good cause to believe that a driver is incapacitated and therefore unable to drive a motor vehicle safely, after written notice of at least fifteen days to the person, it may require him to submit to an examination to determine his fitness to drive a motor vehicle. If the driver so requests in writing, the Department shall give the Department’s reasons for the examination, including the identity of all persons who have supplied information to the Department regarding the driver’s fitness to drive a motor vehicle. However, the Department shall not supply the reasons or information if its source is a relative of the driver or a physician treating the driver.”

TITLE 46.2. MOTOR VEHICLES; SUBTITLE II. TITLING, REGISTRATION AND LICENSURE; CHAPTER 3. LICENSURE OF DRIVERS; ARTICLE 7. FORM OF LICENSES; IDENTITY DOCUMENTS ISSUED BY DEPARTMENT § 46.2-345. Issuance of special identification cards; fee; confidentiality; penalties
Any resident can apply for a special identification card from the Department of Motor Vehicles. “Any personal information, as identified in § 2.2-3801, which is retained by the Department from an application for the issuance of a special identification card is confidential and shall not be divulged to any person, association, corporation, or organization, public or private, except to the legal guardian or the attorney of the applicant or to a person, association, corporation, or organization nominated in writing by the applicant, his legal guardian, or his attorney.”

TITLE 46.2. MOTOR VEHICLES; SUBTITLE II. TITLING, REGISTRATION AND LICENSURE; CHAPTER 3. LICENSURE OF DRIVERS; ARTICLE 11. ACCIDENT REPORTS
§ 46.2-377. Reports made by garages to be without prejudice and confidential; exceptions
“All accident reports made by garages pursuant to this article shall be without prejudice to the individual so reporting and shall be for the confidential use of the State Police, local law-enforcement agencies, or by agencies having use for the records for accident prevention purposes.”

TITLE 46.2. MOTOR VEHICLES; SUBTITLE II. TITLING, REGISTRATION AND LICENSURE; CHAPTER 3. LICENSURE OF DRIVERS; ARTICLE 11. ACCIDENT REPORTS
§ 46.2-379. Use of accident reports made by investigating officers
“All accident reports made by investigating officers shall be for the confidential use of the Department and of other state agencies for accident prevention purposes and shall not be used as evidence in any trial, civil or criminal, arising out of any accident. The Department shall disclose from the reports, on request of any person, the date, time, and location of the accident, and the names and addresses of the drivers, the owners of the vehicles involved, the injured persons, the witnesses, and one investigating officer.”

TITLE 46.2. MOTOR VEHICLES; SUBTITLE II. TITLING, REGISTRATION AND LICENSURE; CHAPTER 3. LICENSURE OF DRIVERS; ARTICLE 11. ACCIDENT REPORTS
§ 46.2-381. Accident reports required by county or municipal ordinance; copies
“Any county, city, or town may, by ordinance, require that the driver of a vehicle involved in an accident file with a designated department a report of the accident. These reports shall be for the confidential use of the department and subject to the provisions of this article. The county, city, or town may, by ordinance, require the designated department to make the reports, including the report of the law-enforcement officer, and including any photographs taken by law-enforcement officers, available for inspection by any person involved or injured in the accident or his attorney or any authorized representative of any insurance carrier reasonably anticipating exposure to civil liability as a consequence of the accident.”

TITLE 46.2. MOTOR VEHICLES; SUBTITLE II. TITLING, REGISTRATION AND LICENSURE; CHAPTER 3. LICENSURE OF DRIVERS; ARTICLE 16. ASSIGNMENT OF INSURANCE RISKS
§ 46.2-468. Information filed with Commission by insurance carrier confidential
“Any information filed with the Commission by an insurance carrier in connection with an assigned risk shall be confidential and solely for the information of the Commission and its staff and shall not be disclosed to any person, including an applicant, policyholder, and any other insurance carrier.”

TITLE 46.2. MOTOR VEHICLES; SUBTITLE II. TITLING, REGISTRATION AND LICENSURE; CHAPTER 3. LICENSURE OF DRIVERS; ARTICLE 16. ASSIGNMENT OF INSURANCE RISKS
§ 46.2-469. Commission not required to disclose reasons for action; liability of Commission for act or omission
“The Commission shall not be required to disclose to any person, including the applicant or policyholder, its reasons for: 1. Refusing to assign an application; 2. Approving the rejection of an application by an insurance carrier; 3. Approving the cancellation of a policy of motor vehicle liability, physical damage, and medical payments insurance by an insurance carrier; or 4. Refusing to approve the renewal or the reassignment of an expiring policy.”

TITLE 46.2. MOTOR VEHICLES; SUBTITLE II. TITLING, REGISTRATION AND LICENSURE; CHAPTER 6. TITLING AND REGISTRATION OF MOTOR VEHICLES; ARTICLE 8. REGISTRATION OF UNINSURED MOTOR VEHICLES
§ 46.2-706.1. Insurance and surety companies to furnish certain insurance information
“Any liability insurance information relating to individually identified vehicles or persons, received from such companies under this section, shall be considered privileged information and not subject to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).”

TITLE 46.2. MOTOR VEHICLES; SUBTITLE V. MOTOR CARRIERS; CHAPTER 20. REGULATION OF MOTOR VEHICLE CARRIERS GENERALLY
§ 46.2-2016. Regulation of taxicab service by localities; rates and charges
The governing body of any county, city or town in the Commonwealth may regulate the rates of motor vehicles used for the transportation of passengers. “In considering rates or charges, the governing body may require any owner or operator to submit such supporting financial data as may be necessary, including federal or state income tax returns for the two years preceding; provided that such income tax returns submitted shall be used only for consideration of such rates or charges and shall be kept confidential by the governing body concerned; and provided further that the governing body shall not require any owner or operator to submit any audit more extensive than that conducted by such owner or operator in the normal course of business.”

TITLE 51.5 PERSONS WITH DISABILITIES

TITLE 51.5. PERSONS WITH DISABILITIES; CHAPTER 3. DEPARTMENT OF REHABILITATIVE SERVICES
§ 51.5-11. Central registry; information contained therein to be confidential
“Information contained in the registry concerning individuals shall not be subject to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) and shall be confidential for purposes other than those directly connected with the administration of programs under the Department’s jurisdiction or as required by other agencies of the Commonwealth.”

TITLE 51.5. PERSONS WITH DISABILITIES; CHAPTER 11. ASSISTIVE TECHNOLOGY LOAN FUND AUTHORITY
§ 51.5-56. Powers of the Authority
“The Authority is hereby granted all powers necessary or appropriate to carry out and effectuate its purposes including, but not limited to, the following powers to 15. Maintain the confidentiality of financial, medical, rehabilitative and other personal information submitted to or maintained by the Authority concerning applicants for or recipients of loan funds. Such information shall not be subject to the mandatory disclosure provisions of § 2.2-3704 or the public meeting requirements of § 2.2-3711 of the Virginia Freedom of Information Act.”

TITLE 52 POLICE (STATE)

TITLE 52. POLICE (STATE); CHAPTER 1. DEPARTMENT OF STATE POLICE
§ 52-8.3. Disclosure of criminal investigative records and reports; penalty
“Any person employed by a law-enforcement agency or other governmental agency within the Commonwealth who has or has had access in an official capacity to an official written record or report submitted in confidence to the Department of State Police relating to an ongoing criminal investigation, and who uses or knowingly permits another to use such record or report for any purpose not consistent with the exclusions permitted in § § 2.2-3705 and 2.2-3706, or other provision of state law, shall be guilty of a Class 2 misdemeanor.”

TITLE 52. POLICE (STATE); CHAPTER 1. DEPARTMENT OF STATE POLICE
§ 52-8.5. Reporting terroristic acts
“State, county and municipal law-enforcement agencies shall report to the Department all terroristic acts occurring in their jurisdictions in a form, time and manner prescribed by the Superintendent. Such reports shall not be open to public inspection except insofar as the Superintendent shall permit.”

TITLE 52. POLICE (STATE); CHAPTER 9. INSURANCE FRAUD
§ 52-39. (Effective until January 1, 2003) Confidentiality and immunity from service of process
“Papers, records, documents, reports, materials or other evidence relative to the subject of an insurance fraud investigation or examination in the possession of the Department shall remain confidential and shall not be subject to public inspection.”

TITLE 53.1 PRISONS AND OTHER METHODS OF CORRECTION

TITLE 53.1. PRISONS AND OTHER METHODS OF CORRECTION; CHAPTER 2. STATE CORRECTIONAL FACILITIES; ARTICLE 2. TREATMENT AND PRIVILEGES OF PRISONERS
§ 53.1-37. Furloughs generally; travel expenses; penalties for violations
“Fifteen days prior to a prisoner’s participation in the furlough program, the Director shall give the chief of police, sheriff or local chief law-enforcement official of the locality in which the prisoner will stay, notice of the prisoner’s participation. Such notice shall include the name, address and criminal history, and any additional information the chief of police or such officer may request. The transmission of information shall be confidential and not subject to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).”

TITLE 53.1. PRISONS AND OTHER METHODS OF CORRECTION; CHAPTER 2. STATE CORRECTIONAL FACILITIES; ARTICLE 2.1. MEDICAL AND MENTAL HEALTH CARE; INVOLUNTARY ADMISSION AND TREATMENT
§ 53.1-40.10. Exchange of medical and mental health information and records
“Medical and mental health information and records of any person committed to the Department of Corrections may be exchanged among administrative personnel for the facility in which the prisoner is imprisoned when there is reasonable cause to believe that such information is necessary to maintain the security and safety of the facility, its employees, or other prisoners. The information exchanged shall continue to be confidential and disclosure shall be limited to that necessary to ensure the safety and security of the facility. The release of medical and mental health information and records to any other agency or individual shall be subject to all regulations promulgated by the Department which govern confidentiality of such records. Medical and mental health information concerning a prisoner which has been exchanged pursuant to this section may be used only as provided herein and shall otherwise remain confidential and protected from disclosure.”
§53.1-133.03 contains the same provision in regard to local correctional facilities — prisoner programs and treatment.

TITLE 53.1. PRISONS AND OTHER METHODS OF CORRECTION; CHAPTER 2. STATE CORRECTIONAL FACILITIES; ARTICLE 3. EMPLOYMENT AND TRAINING OF PRISONERS
§ 53.1-56. Construction and maintenance of highways; acquisition of quarries, etc.; use of materials for county roads
“Fifteen days prior to a prisoner’s participation in the program, the Director shall give the chief of police, sheriff or local chief law-enforcement official of the locality in which the prisoner will work, notice of the prisoner’s participation. Such notice shall include the name, address and criminal history of the prisoner, in addition to other information the chief of police or such officer may request. The transmission of information shall be confidential and not subject to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).”

TITLE 53.1. PRISONS AND OTHER METHODS OF CORRECTION; CHAPTER 2. STATE CORRECTIONAL FACILITIES; ARTICLE 3. EMPLOYMENT AND TRAINING OF PRISONERS
§ 53.1-59. Prisoners performing work for localities, state agencies or nonprofit civic organizations; payment of costs; foremen as guards
“Fifteen days prior to a prisoner’s participation in the program, the Director shall give the chief of police, sheriff or local chief law-enforcement official of the locality in which the prisoner will work, written notice of the prisoner’s participation. Such notice shall include the name, address and criminal history of the prisoner in addition to other information the chief of police or such officer may request. A copy of such notice shall be provided to the attorney for the Commonwealth and the governing body where the work is to be performed. The transmission of information shall be confidential and not subject to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).”

TITLE 53.1. PRISONS AND OTHER METHODS OF CORRECTION; CHAPTER 4. PROBATION AND PAROLE; ARTICLE 3. PROCEDURES GOVERNING PAROLE
§ 53.1-160. Notice to be given upon prisoner release, escape, etc
“Every notice to the attorney for the Commonwealth or to the chief law-enforcement officer shall include the name, address and criminal history of the participating prisoner, and other information upon request. The transmission of information shall be confidential and not subject to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).”