Section 6.13. Open records; privileged or confidential records.

 

(1)  Records of the office of the commissioner of insurance are subject to subch. II of ch. 19 , Stats., and are open to inspection as required under subch. II of ch. 19 , Stats.

(2)  The office of the commissioner may withhold and retain as confidential any record which may be withheld and retained as confidential under subch. II of ch. 19 , Stats., including, but not limited to, a record which may be withheld or which is privileged under any law or the rules of evidence, as attorney-work product under the rules of civil procedure, as attorney-client privileged material under s. 905.03 , Stats., as a medical record under ss. 146.81 to 146.84 , Stats., or as privileged under s. 601.465 , Stats.

(3)  The office, under s. 601.465 , Stats., may refuse to disclose and prevent any person from disclosing, in response to a request for production, deposition, subpoena, or otherwise, information obtained from the National Association of Insurance Commissioners or another state's insurance department under pledge of confidentiality or for the purpose of conducting an investigation or examination or obtained, produced or created in the course of an inquiry under s. 601.42 , Stats., or examination under s. 601.43 , Stats. This privilege applies to information obtained, produced or created before or after the effective date of s. 601.465 , Stats., and regardless of whether an inquiry, investigation or examination has been concluded, except it does not apply to a document which is an adopted examination report.

History: Cr. Register, June, 1973, No. 210 , eff. 7-1-73; am. (3) (b), Register, March, 1979, No. 279 , eff. 4-1-79; corrections in (2) (a), (4) and (5), made under s. 13.93 (2m) (b) 5., Stats., Register, April, 1992, No. 436 , eff. 5-1-92; r. and recr. Register, July, 1993, No. 451 , eff. 8-1-93.