§ 27-15-7-3 — Disclosure of confidential information

(a) Subject to subsection (c), the commissioner
may disclose to any person all or part of any document marked
"confidential" in the commissioner's possession as the result of being
filed under this article if the following conditions are met:
(1) The commissioner must give written notice of the proposed
disclosure to the converting mutual and any other person
requesting disclosure.
(2) The converting mutual must be given an opportunity in private
to respond to the proposed disclosure.
(3) The commissioner must give consideration to any legitimate
interest in preserving trade secrets.
(4) The commissioner must determine that the eligible members
or other policyholders have a compelling interest which would be
served by disclosure.
(5) At least five (5) business days have elapsed from the
converting mutual's receipt of written notice.
(b) The commissioner may disclose information under subsection
(a) in a manner and subject to limitations as the commissioner
considers appropriate.
(c) If:
(1) not more than six (6) business days have elapsed since the
converting mutual received notice of a proposed disclosure; and
(2) the converting mutual has notified the commissioner that it or
another interested party has filed an action seeking a protective
order from a circuit or superior court to prevent or to limit
disclosure;
the commissioner may not disclose the documents or copies of
documents during the pendency of the action and any appeal or after
any final court decision prohibiting disclosure.

Legislative History

As added by P.L.94-1999, SEC.3.