§ 27-2-27-25 — Confidentiality

Indiana § 27-2-27-25

• Jurisdiction: Indiana
• Title 27: INSURANCE
• Art. 2: POWERS AND DUTIES OF INSURERS
• Ch. 27: Insurance Data Security

Text

(a) Any documents, materials, or other
information in the control or possession of the department that are:
(1) furnished by a licensee or an employee or agent acting on
behalf of a licensee under section 20(c), 21(d)(2) through
21(d)(5), 21(d)(8), or 21(d)(10) through 21(d)(11) of this chapter;
or
(2) obtained by the commissioner in an investigation or
examination under section 24 of this chapter;
are confidential by law and privileged, are not subject to IC 5-14-3, are
not subject to subpoena, and are not subject to discovery or admissible
in evidence in any private civil action. However, the commissioner is
authorized to use the documents, materials, or other information in the
furtherance of any regulatory or legal action brought as a part of the
commissioner's duties. The commissioner shall not otherwise make the
documents, materials, or other information public without the prior
written consent of the licensee.
(b) Neither the commissioner nor any person who received
documents, materials, or other information while acting under the
authority of the commissioner shall be permitted or required to testify
in any private civil action concerning any confidential documents,
materials, or information subject to subsection (a).
(c) In order to assist in the performance of the commissioner's duties
under this chapter, the commissioner:
(1) may share documents, materials, or other information,
including the confidential and privileged documents, materials, or
information subject to subsection (a), with other state, federal, and
international regulatory agencies, with the NAIC and its affiliates
or subsidiaries, and with state, federal, and international law
enforcement authorities, provided that the recipient agrees in
writing to maintain the confidentiality and privileged status of the
document, material, or other information;
(2) may receive documents, materials, or information, including
otherwise confidential and privileged documents, materials, or
information, from the NAIC and its affiliates or subsidiaries and
from regulatory and law enforcement officials of other foreign or
domestic jurisdictions, and shall maintain as confidential or
privileged any document, material, or information received with
notice or the understanding that it is confidential or privileged
under the laws of the jurisdiction that is the source of the
document, material, or information;
(3) may share documents, materials, or other information subject
to subsection (a), with a third party consultant or vendor provided
the consultant or vendor agrees in writing to maintain the
confidentiality and privileged status of the document, material, or
other information; and
(4) may enter into agreements governing sharing and use of
information consistent with this subsection.
(d) No waiver of any applicable privilege or claim of confidentiality
in the documents, materials, or information shall occur as a result of
disclosure to the commissioner under this section or as a result of
sharing as authorized in subsection (c).
(e) Nothing in this chapter prohibits the commissioner from
releasing final, adjudicated actions that are open to public inspection
under IC 5-14-3 to a data base or other clearinghouse service
maintained by the NAIC, its affiliates, or subsidiaries.
(f) Documents, materials, or other information in the possession or
control of the NAIC or a third party consultant or vendor under this
chapter shall be confidential by law and privileged, shall not be subject
to IC 5-14-3, shall not be subject to subpoena, and shall not be subject
to discovery or admissible in evidence in any private civil action.

Legislative History

As added by P.L.130-2020, SEC.10.