§ 22:2508 — Confidentiality

§2508. Confidentiality
A. Any documents, materials, or other information in the control or possession of
the commissioner that are furnished by a licensee or an employee or agent acting on behalf
of a licensee pursuant to R.S. 22:2504 or 2506 or that are obtained by the commissioner in
an investigation or examination pursuant to R.S. 22:2507 shall be confidential by law and
privileged, shall not be subject to release pursuant to the Public Records Law, R.S. 44:1 et
seq., shall not be subject to subpoena, and shall not be subject to discovery or admissible in
evidence in any private civil action. However, the commissioner may 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.
B. Neither the commissioner nor any person who received documents, materials, or
other information while acting pursuant to the authority of the commissioner shall testify in
any private civil action concerning any confidential documents, materials, or information
subject to Subsection A of this Section.
C. In order to assist in the performance of the commissioner's duties pursuant to this
Chapter, the commissioner may do any of the following:
(1) Share documents, materials, or other information, including the confidential and
privileged documents, materials, or information subject to Subsection A of this Section, with
other state, federal, and international regulatory agencies, with the National Association of
Insurance Commissioners (NAIC), its affiliates, or subsidiaries, and with state, federal, and
international law enforcement authorities, if the recipient agrees in writing to maintain the
confidentiality and privileged status of the document, material, or other information.
(2)(a) Receive documents, materials, or information, including otherwise
confidential and privileged documents, materials, or information, from the NAIC, its
affiliates, or subsidiaries and from regulatory and law enforcement officials of other foreign
or domestic jurisdictions.
(b) The commissioner shall maintain as confidential or privileged any document,
material, or information received with notice or the understanding that the document,
material, or information is confidential or privileged pursuant to the laws of the jurisdiction
that is the source of the document, material, or information.
(3) Share documents, materials, or other information subject to Subsection A of this
Section with a third-party consultant or vendor if the consultant agrees in writing to maintain
the confidentiality and privileged status of the document, material, or other information.
(4) Enter into agreements governing the 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
pursuant to this Section or as a result of sharing pursuant to Subsection C of this Section.
E. Nothing in this Chapter shall be construed to prohibit the commissioner from
releasing final, adjudicated actions that are open to public inspection pursuant to the Public
Records Law or to a database 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 pursuant to this Chapter shall be confidential by
law and privileged, shall not be subject to release pursuant to the Public Records Law, R.S.
44:1 et seq., shall not be subject to subpoena, and shall not be subject to discovery or
admissible in evidence in any private civil action.

Legislative History

Acts 2020, No. 283, §1.