ARTICLE 2
UNFAIR CLAIMS SETTLEMENT PRACTICES
33-8-10. Confidential treatment of tax information; information to be disclosed by local officials engaged in collection of taxes; violations.
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The information secured by the Commissioner incident to the administration of any tax provided for in this title shall be confidential and privileged. Neither the Commissioner nor any members of his staff nor any of his authorized representatives shall without prior written consent of the taxpayer divulge or disclose any confidential information obtained from the department's records or from an examination of the business of the taxpayer to any person, except that upon request the information shall be divulged and disclosed to any officer or representative of any political subdivision of the state which has an ordinance on file with the Commissioner, as contemplated by subsection (c) of Code Section 33-8-8, and which has designated the officer or representative to the Commissioner in writing over the signature of an officer of the political subdivision. Information so divulged and disclosed shall be used by the political subdivisions, their agents, employees, officers, or representatives only for the purpose of assisting in the enforcement of local ordinances and shall not be divulged by the agents, employees, officers, or representatives of the political subdivisions except as may be reasonably required in connection with the enforcement and collection of any taxes due under the ordinances. The Commissioner shall not be responsible for the use or disclosure of any information by the political subdivisions or by their agents, employees, officers, or representatives. The information may also be disclosed to any other officer or representative of a state or local government entitled to such information in his official capacity or to the taxpayer or his authorized representative, provided that the Commissioner may furnish the confidential information to the appropriate insurance regulatory, tax, or legal official of another state, territory, country, or of the United States government if the office or officer of such state, territory, country, or of the United States government makes its own records available to the Commissioner.
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Any person who is designated by a local government or any other political subdivision of this state to assist in the collection of any tax relating to the transaction of insurance shall disclose to the Commissioner in writing annually any and all commissions, fees, or any other payments which such person receives for the assistance in the collection of any such tax. All disclosures which are filed with the Commissioner shall be available for public inspection and shall in no manner be treated as confidential information.
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Any person who violates this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500.00 nor more than $1,000.00 or imprisoned for not less than one month nor more than 12 months, or both; and, if the offender is an officer or employee of the state, he shall be dismissed from office and shall be incapable of holding any public office in this state for a period of five years thereafter.
(Code 1933, § 56-1313, enacted by Ga. L. 1976, p. 1517, § 1; Ga. L. 1978, p. 215, § 1; Code 1933, § 56-9912, enacted by Ga. L. 1978, p. 215, § 2; Ga. L. 1979, p. 786, § 1; Ga. L. 1992, p. 6, § 33.)
Law reviews.
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For comment, "Confidentiality and Dissemination of Personal Information: An Examination of State Laws Governing Data Protection," see 41 Emory L.J. 1185 (1992).
OPINIONS OF THE ATTORNEY GENERAL
This section became effective on July 1, 1976.
1976 Op. Att'y Gen. No. 76-89.
An "officer"
is one who is "appointed or elected, in a manner prescribed by law, has a designation or title given him by law, and exercises functions concerning the public, assigned to him by law." 1976 Op. Att'y Gen. No. 76-89.
A "representative"
has been defined as one who represents a community or a municipality in its "legislative or governing capacity" and who has duties to perform or powers to exercise in connection therewith. 1976 Op. Att'y Gen. No. 76-89.
Section does not bar disclosure of information required in Insurance Commissioner's reports.
- This section contains no prohibition against disclosure by the Insurance Commissioner of the kinds of data and information required in annual reports under
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33-2-8. 1976 Op. Att'y Gen. No. 76-89.
Section applies to information in such reports relating to insurance taxes.
- Although the provisions pertaining to the annual report of the Insurance Commissioner (see now O.C.G.A.
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33-2-8(6)) authorize the Insurance Commissioner to include in the report whatever other information the Commissioner deems proper, the privilege and confidentiality provisions of this section would extend to and embrace such additional items of information if they come within the scope of the subject matter of insurance taxes. 1976 Op. Att'y Gen. No. 76-89.
