§ 27-1-23-6 — Confidential and privileged information; sharing of information; requirements

(a) Documents, materials, and other
information in the possession or control of the department that are
obtained by or disclosed to the commissioner or any other person in the
course of an examination or investigation made pursuant to section 5
of this chapter and all information reported pursuant to sections
2(c)(17), 2(c)(18), 3, and 4 of this chapter are confidential and
privileged and shall not be subject to subpoena, discoverable, or
admissible in evidence in a private civil action. However, the
commissioner may use the documents, materials, and other information
in the performance of the commissioner's duties as described in
subsections (c) and (d). The commissioner shall not make the
materials, documents, or other information public without the prior
written consent of the insurer to which it pertains unless the
commissioner, after giving the insurer and its affiliates who would be
affected thereby notice and opportunity to be heard, determines that the
interests of policyholders or the public will be served by the publication
thereof, in which event the commissioner may publish all or any part
thereof in such manner as the commissioner considers appropriate.
(b) The commissioner and any other person:
(1) who receives documents, materials, or other information while
acting under the authority of the commissioner; or
(2) with whom the documents, materials, or other information are
shared;
under this chapter is not permitted or required to testify in a private
civil action concerning any documents, materials, or other information
that is confidential under subsection (a).
(c) The commissioner may do the following:
(1) Except as provided in subdivision (2), share documents,
materials, and other information described in this section with the
following if the recipient agrees in writing, and provides written
verification that the recipient has the legal authority, to maintain
the confidential and privileged status of the documents, materials,
and other information:
(A) Other state, federal, and international regulatory agencies.
(B) The NAIC and affiliates and subsidiaries of the NAIC.
(C) State, federal, and international law enforcement
authorities.
(D) Members of a supervisory college described in section 5.1
of this chapter.
(2) With respect to confidential and privileged documents,
materials, and other information reported under section 3(l) of this
chapter, share the documents, materials, and other information
with commissioners who:
(A) regulate insurance in states with a law that is substantially
similar to subsection (a); and
(B) have agreed in writing not to disclose the documents,
materials, or other information.
(3) Receive documents, materials, or other information from:
(A) the NAIC and affiliates and subsidiaries of the NAIC; and
(B) regulatory and law enforcement officials of domestic or
foreign jurisdictions;
if the commissioner maintains the confidential or privileged status
of the documents, materials, and other information that are
received with notice or the understanding that the documents,
materials, and other information are confidential or privileged
under the laws of the jurisdiction that is the source of the
documents, materials, and other information.
(d) The commissioner shall enter into written agreements with the
NAIC governing sharing and use of information provided under this
chapter, including the following:
(1) Procedures and protocols concerning the confidentiality and
security of information shared:
(A) with the NAIC and affiliates and subsidiaries of the NAIC
under this chapter; and
(B) by the NAIC with other state, federal, and international
regulators.
(2) A statement that, with respect to information shared with and
used by the NAIC and affiliates and subsidiaries of the NAIC
under this chapter:
(A) the commissioner maintains ownership of the information;
and
(B) the use of the information is subject to the direction of the
commissioner.
(3) A requirement that, if confidential information of an insurer
that is in the possession of the NAIC under this chapter is subject
to a request or subpoena to the NAIC for production or disclosure,
the NAIC will provide prompt notice to the insurer.
(4) A requirement that the NAIC and affiliates and subsidiaries of
the NAIC will allow intervention by an insurer in a judicial or
administrative action under which the NAIC or affiliates or
subsidiaries of the NAIC may be required to disclose confidential
information concerning the insurer that has been shared with the
NAIC or affiliates or subsidiaries of the NAIC under this chapter.
(e) The sharing of information by the commissioner under this
chapter is not considered to be a delegation of regulatory authority. The
commissioner is solely responsible for the administration,
implementation, and enforcement of this chapter.
(f) Disclosure to or sharing by the commissioner of documents,
materials, or other information under this chapter is not a waiver of any
applicable privilege or claim of confidentiality in the documents,
materials, or other information.
(g) Documents, materials, and other information in the possession
or control of the NAIC under this section are:
(1) confidential;
(2) privileged;
(3) not subject to subpoena; and
(4) not discoverable or admissible in evidence in a private civil
action.
Formerly: Acts 1971, P.L.387, SEC.1. As amended by Acts
1981, P.L.244, SEC.6; P.L.26-1991, SEC.14; P.L.81-2012, SEC.18;
P.L.124-2018, SEC.42.