(1) Information provided by insurers and the department for inclusion in the database established pursuant to section 42-7604 is the property of the insurer or the department, as the case may be, and may not be disclosed except as follows:
The department shall verify a motor vehicle's insurance coverage upon request byany state or local government agency investigating, litigating, or enforcing such motor vehicle's compliance with the financial security requirements.
The department shall disclose whether a motor vehicle has the required insurancecoverage upon request by the following individuals and agencies only: (I) The owner;
The parent or legal guardian of the owner if the owner is an unemancipated minor;
The legal guardian of the owner if the owner is legally incapacitated;
Any person who has power of attorney from the owner;
Any person who submits a notarized release from the owner that is dated no morethan ninety days before the date the request is made;
Any person suffering loss or injury in a motor vehicle accident, but only as part ofan accident report authorized in part 16 of article 4 of this title; or
The office of the state auditor, for the purpose of conducting any audit authorizedby law.
Any person or agency who knowingly discloses information from the database for apurpose or to a person other than those authorized in this section commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.
The state shall not be liable to any person for gathering, managing, or using information in the database pursuant to this part 6.
The designated agent shall not be liable to any person for performing its duties underthis part 6, unless and to the extent said agent commits a willful and wanton act or omission. The designated agent shall be liable to any insurer damaged by the designated agent's negligent failure to protect the confidential and proprietary nature of the information and data disclosed by the insurer to the designated agent.
The designated agent shall provide to this state an errors and omissions insurancepolicy covering said designated agent in an appropriate amount.
No insurer shall be liable to any person for performing its duties under this part 6,unless and to the extent the insurer commits a willful and wanton act or omission.
Source: L. 97: Entire section added, p. 1450, § 6, effective July 1. L. 2000: IP(1) and IP(1)(b) amended, p. 1650, § 46, effective June 1. L. 2002: (2) amended, p. 1564, § 379, effective October 1. L. 2006: IP(1) and (1)(a) amended, p. 1014, § 9, effective July 1. L. 2007:
(1) amended, p. 208, § 1, effective August 3.
Cross references: For the legislative declaration contained in the 2002 act amending subsection (2), see section 1 of chapter 318, Session Laws of Colorado 2002.