20-1098.23. Confidentiality of information; exceptions

A. Notwithstanding title 39, chapter 1, information submitted pursuant to this article is confidential and the director and the director's employees and agents shall not provide the information to any other person without the permission of the captive insurer, except that:

1. This section does not apply to the department's use of information submitted by a captive insurer for any regulatory purpose, disciplinary action or hearing.

2. The director shall provide information submitted by a captive insurer that is required by subpoena issued in connection with an administrative, civil or criminal investigation by a government agency.

3. The information may be discoverable by a party in a civil action or contested case to which the captive insurer that submitted the information is a party, if the party seeking to discover the information demonstrates all of the following:

(a) The information sought is relevant to and necessary for the furtherance of the action or case.

(b) The information sought is unavailable from other nonconfidential sources.

(c) A subpoena issued by a judicial or administrative officer of competent jurisdiction has been submitted to the director.

4. The director may disclose the information to a public official that has jurisdiction over the regulation of insurance in another state if the public official agrees in writing to maintain the confidentiality of the information and the laws of the state in which the public official serves allow or require the information to be and remain confidential.

5. The director may provide the information to the industrial commission of Arizona. The industrial commission shall maintain the confidentiality of the information pursuant to this section.

6. For the purpose of administering this article and promoting this state's captive insurance industry, the director may disclose only the following information about licensed captive insurers:

(a) Name of the captive insurer.

(b) Date licensed.

(c) Type of captive insurer.

(d) Business or industry of the owners or members.

(e) License status.

B. This section does not apply to risk retention groups.