601.465 Nondisclosure of information.
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/wi/chapter-601/601-465-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
601.465 Nondisclosure of information.
(1m)Types of information. The office may refuse to disclose and may prevent any other person from disclosing any of the following:
(a)Testimony, reports, records and information that are obtained, produced or created in the course of an inquiry under s. 601.42 .
(b)Except as provided in s. 601.44
(6)to
(10), testimony, reports, records and information that are obtained, produced or created in the course of an examination under s. 601.43 .
(c)Testimony, reports, records, communications, and information that are obtained by the office from, or provided by the office to, any of the following, under a pledge of confidentiality or for the purpose of assisting or participating in monitoring activities or in the conduct of an inquiry, investigation, or examination:
1. The National Association of Insurance Commissioners.
2. An agent or employee of the National Association of Insurance Commissioners.
3. The insurance commissioner of another state.
4. An agent or employee of the insurance commissioner of another state.
5. An international, federal, state or local regulatory or law enforcement agency.
6. An agent or employee of an agency described in subd. 5.
7. Members of a supervisory college described in s. 617.215 .
8. The International Association of Insurance Supervisors.
9. An agent or employee of the International Association of Insurance Supervisors.
9m. The security fund created under ch. 646 .
10. A fund or other entity in another state, or an association acting on behalf of the fund or other entity, that is organized for the same purpose as the security fund created under ch. 646 .
(d)Biographical data reported under s. 611.54
(1)relating to directors or principal officers of a corporation.
(1n)Presumption of confidentiality.
(a)Notwithstanding sub.
(1m)and subch. II of ch. 19 , it is presumed that nonpublic documents and information provided by an insurer to the office under s. 601.42 or 601.43 are proprietary and confidential and that the potential for harm and competitive disadvantage to the insurer if the documents and information are made public by the office outweighs the public interest in the disclosure of the documents and information.
(b)With notice to the insurer, the presumption under par.
(a)may be rebutted by the requesting party presenting clear and convincing evidence to a court of competent jurisdiction that the public interest in the disclosure of the documents and information substantially outweighs the potential for harm or competitive disadvantage to the insurer if the documents and information are disclosed and that the public interest concerns cannot be addressed without the disclosure of the documents and information. If the presumption under par.
(a)is successfully rebutted, disclosure of the documents and information shall be made only to the extent necessary to protect the public interest.
(c)Paragraph
(a)does not apply to the commissioner’s discretion to disclose documents and information provided by an insurer to the office under s. 601.42 or 601.43 as a part of an enforcement proceeding the commissioner brings under s. 601.64 .