Wyo. Code R. 044-0002-25
Effective Date: 12/31/1996 to 02/21/2018
Rule Type: Superceded Rules & Regulations
Reference Number: 044.0002.25.12311996
INFORMATION PRACTICES
These rules and regulations have been established by the Department of Insurance in relation to the maintenance of records of the Department. The purpose is to ensure that all records which identify or describe any individual are accurate and pertinent; to provide for mechanics of access, classification, and security of records; and to prevent unnecessary interference with the regular discharge of the duties of the Department. They provide an individual with the apparatus to review, update, or amend any and all records that pertain to him, which are maintained by the Department of Insurance. The creation of these rules and regulations is authorized under the Wyoming Public Records Act (W.S. 16-4-201 et. seq.).
In adopting these Rules the Department will attempt to maintain records that are accurate, relevant, complete, and only that information necessary to accomplish its duties.
Unless provided otherwise in these rules, definitions stated in the Wyoming Insurance Code and the Wyoming Public Records Act shall be applied in interpreting these rules. In addition:
Records that have been determined by the Department to be public records available for disclosure will be available for inspection to all inquirers without regard to intended use or purpose during normal business hours of 8 a.m. to 5 p.m., Monday through Friday, except holidays. The records which have been determined to possess a confidential classification will not be communicated to any person who is not the subject of the record unless the subject of the record provides written consent for the Department to disclose such confidential record to any designated person or organization.
The Department will disclose the contents of a confidential record under the following situations only, without the individual’s written consent:
identifiable and provided that such disclosure can be made pursuant to law;
(d) To another governmental agency for civil or criminal law enforcement activity, providing the regulating agency has made a prior written request to the Department specifying the particular record and the enforcement activity for which it is sought, and provided such disclosure can be made pursuant to law;
(e) To other agencies or organizations as enumerated within “routine uses” of the record;
(f) To officers or employees who have clearly established need for the record in order to carry out legal duties of administering or enforcing the laws of the federal government, the State of Wyoming, or any of its political subdivisions, and provided such disclosure can be made pursuant to law;
(g) On order of a court of competent jurisdiction;
(i) When the Department of Insurance is forced to disclose the contents of an individual’s record under compulsory legal process, the individual will be notified of the disclosure, by contacting him personally or by mail at the last address of record with the Department.
(h) Medical and other confidential records, if introduced at public hearings, shall become part of the record of said hearing, and to that extent, may therefore become public and disclosed without the individual’s consent.
The Commissioner or Deputy Commissioner of the Department or their designee will make the determination as to whether Department records do contain information subject to disclosure. The Department reserves the right to apply to the district court of the district in which such record is located, for an order restricting access to any record whenever, in the judgment of the responsible authority, that disclosure would do substantial damage to “the public interest.” When denying access to any record, the Insurance Department will inform the requester of the statutory basis for denial of access. Upon receiving a request for a written statement of the basis for denial the Department will provide such a statement.
The Department will respond to requests for access to records within ten days of receipt of such request. The initial response will specify whether access will be granted, and state whether the record is available through routine search or whether a significant amount of time will be required to search and/or delete from the record data or information not available for public disclosure. If the records requested are not in control of the Department, or if they are in storage, the requesting party shall be so notified.
(a) In any situation where a record within the Department’s control is available for public disclosure, but a portion of the data or information contained in the record is not available for such disclosure (e.g., it contains a trade secret or confidential information), the portion that is not available for disclosure will be deleted before the document is disclosed to the public.
(b) The Insurance Department will make every reasonable effort to comply fully with all requests for disclosure for records. Nonspecific requests or requests for a large number of documents that require the deployment of a substantial amount of Department man-hours to search and compile will be processed taking into account the man-hours required, the tasks from which these resources must be diverted, and the impact that this diversion will have upon the Department's statutory activities. If the request is so nonspecific or for such a large number of documents that a response will divert Department personnel from their other duties for a substantial period of time, the Department may inquire whether a more specific or less burdensome request can be made.
(c) The Department in its initial response will estimate the cost of providing the record in a form disclosable to the requesting party. If the estimation entails significant cost to the requesting party the Department will inquire whether the requesting party wishes the Department to conduct the search and associated activities necessary to make the records available for public disclosure. Costs incurred by the Department in providing records in disclosable form will be assessed to the requesting party and shall include:
(i) Routine search for records and deletion of nondisclosable data and information: $6 per hour. Where time is required to be spent by higher salaried professional, managerial, or program personnel in searching for or producing requested documents or in deleting nondisclosable data and information, special rates approximating the cost to the agency of such services will be determined and charged. (In determining these rates, the man-hours spent by such personnel will be taken into account.)
(ii) Reproduction, duplication, or copying of records: 50 cents per page.
(iii) Reproduction, duplication, or copying of microfilm: $1 per microfilm frame and $1 per microfiche.
(iv) Certification or authentication of records: $5 per certification.
(v) Forwarding material to destination: Postage, insurance, and other related costs will be charged on an actual cost basis.
(vi) If fees other than those stated above are specifically provided by law, those other fees shall apply.
(d) The payment of fees may be waived by the Insurance Commissioner on an adequate showing that the person making the request is indigent.
(e) In the event that a request for record copying is deemed to interfere with the efficient operation of the Department, the records may be furnished to another entity for copying. If so the actual costs to the Department will be assessed to the requesting party.
(f) The costs stated in subsection (c) and (f) above shall be paid by the requesting party [unless waived under subsection (e)] before records are provided to the requesting party.
Without limiting records which may be deemed confidential, the following records shall be treated accordingly:
(a) Investigatory files compiled for law enforcement purposes. Unless the Department determines otherwise, no data or information contained in investigatory files compiled for law enforcement purposes will be made available for public disclosure until a decision has been made not to institute informal or formal enforcement action or, if instituted, until such action is completed. Before the investigatory file is made available for disclosure it shall first have information which remains confidential under these rules or other applicable law redacted.
(b) Trade secrets and confidential data or information;
(i) Data and information which are submitted to the Department or contained in any records of the Department and which constitute trade secrets or which are confidential are not available for public disclosure. Such data and information will be deleted from any documents that are otherwise available for public disclosure before they are furnished to the public.
(ii) A trade secret may consist of any compilation of information which is used in one's business and which gives him an opportunity to obtain an advantage over competitors who do not know or use it.
(iii) Confidential data or information includes trade secrets and other valuable data or information of a type customarily held in strict confidence or regarded as privileged and not disclosed to the public by the person to whom it belongs.
(c) Records prepared by others (e.g. medical records, credit reports, police reports) shall not be released unless it is first determined that the record has become a public record of the Wyoming Insurance Department subject to disclosure.
The individual who is the subject of the record shall have the right, subject to these rules, to inspect the record, receive copies of the record, and to bring to the attention of the Insurance Department any erroneous, inaccurate or misleading information that is contained in the records and shall have the right to submit corrective data as to the alleged inaccuracies. The corrective submission must identify the specific record and the proposed amendment to subject record. If a dispute arises in regard to access or amendment of a record, the dispute will be presented to the Commissioner or Deputy Commissioner of Insurance for resolution. The individual, if not satisfied, shall have the right to seek redress as provided in the Wyoming Administrative Procedure Act.
Access to an individual's personnel files maintained by this Department shall be treated as provided in the Wyoming Public Records Act, and applicable rules of the Wyoming Administration and Information Department. Responses to requests for recommendations of past employees shall be limited to employment dates, responsibilities, and the gross annual salary of the past or present employee.
When requesting information from an individual, if the individual so requests in writing, the Insurance Department will provide the statutory authority that allows the agency to solicit said information; the purpose and uses for which the information is sought; the public or confidential classification of the solicited information and the voluntary/mandatory status of providing all of the requested information.
An individual’s medical records will only be disclosed to a third party pursuant to a written authorization by the person who is named in the records, or as otherwise may be provided for by law.