Iowa Administrative Code › Agency 191 - Insurance Division › Organization and Procedures › Chapter 2 - Public Records and Fair Information Practices › Rule 191-2.12 - Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
This rule describes the types of agency information or
				  records that are confidential. This rule is not exhaustive. The following
				  records shall be kept confidential.
(1) Records that are exempt from disclosure
				under Iowa Code section 22.7.
(2)
				Records that constitute attorney work product or attorney-client
				communications, or that are otherwise privileged. Attorney work product is
				confidential under Iowa Code sections
				22.7 (4),
				622.10 and
				622.11; Iowa R.C.P. 122(c); Fed.
				R. Civ. P. 26(b)(3); and case law. Attorney-client communications are
				confidential under Iowa Code sections
				622.10 and
				622.11, the rules of evidence,
				the Code of Professional Responsibility, and case law.
(3) Those portions of the division's staff
				manuals, instructions or other statements issued by the division that set forth
				criteria or guidelines to be used by division staff in auditing, making
				inspections, settling commercial disputes or negotiating commercial
				arrangements, or in the selection or handling of cases, such as operational
				tactics or allowable tolerances or criteria for the defense, prosecution or
				settlement of cases, when the disclosure of such statements would enable law
				violators to avoid detection, facilitate disregard of requirements imposed by
				law, or give a clearly improper advantage to persons who are in an adverse
				position to the division, pursuant to Iowa Code sections
				17A.2 and 17A.3.
(4) All information obtained and prepared in
				the course of an inquiry, complaint, or investigation, including but not
				limited to communications, insurer documents, data, reports, analysis, and
				notes, pursuant to Iowa Code section
				505.8 and chapters 502, 502A,
				505, 507A, 507E, 522B, 523C, and 523I.
(5) Information of insurers designated as
				confidential by applicable law, including but not limited to information and
				reports that are part of an examination, pursuant to Iowa Code sections
				505.17 and
				507.14.
(6) Information of the Iowa life and health
				guaranty association, pursuant to Iowa Code chapters 508C and 515B.
(7) Insurance holding company systems
				registration and holding company examinations, pursuant to Iowa Code section
				522.7.
(8) Information related to the uniform
				securities Act that is designated nonpublic pursuant to Iowa Code section
				502.607.
(9) Information filed with the division
				related to preneed sellers and sales agents of cemetery and funeral merchandise
				and funeral services pursuant to Iowa Code chapter 523A.
(10) Information obtained in the course of an
				examination of a cemetery pursuant to Iowa Code chapter 523I.
(11) All records relating to prearranged
				funeral contracts, except upon approval by the commissioner of insurance or the
				attorney general, pursuant to Iowa Code section 523A.204(3).
(12) Identifying details in final orders,
				decisions, and opinions to the extent required to prevent a clearly unwarranted
				invasion of personal privacy or trade secrets under Iowa Code section
				17A.3
				(1)
"e."
(13)
				Sealed bids received prior to the time set for public opening of bids, pursuant
				to Iowa Code section 72.3.
(14) Information related to external review
				of health care coverage decisions, pursuant to Iowa Code chapter
				514J.
(15) Information related to
				automobile insurance cancellation, pursuant to Iowa Code chapter
				515D.
(16) Determination of any
				suspension of an insurance producer's or other licensee's pending application
				for licensure, pending request for renewal, or current license, when the
				suspension is related to failure to pay child support, foster care, or state
				debt, pursuant to rule
				191-10.21 (252J).
(17) All other information or records that by
				law are or may be confidential.