§ 26.1-02.2-07 — Confidentiality

North Dakota § 26.1-02.2-07

• Jurisdiction: North Dakota
• Title 26.1: Insurance
• Ch. 26.1-02.2: Insurance Data Security

Text

1. Any documents, materials, or other information in the control or possession of the
department which are furnished by a licensee, or an employee or agent thereof acting
on behalf of a licensee pursuant to this chapter, or that are obtained by the
commissioner in an investigation or examination pursuant to section 26.1-02.2-06 are
confidential, not subject to chapter 44-04, not subject to subpoena, and are not subject
to discovery or admissible in evidence in any private civil action. 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.
2. The commissioner or any person that received documents, materials, or other
information while acting under the authority of the commissioner may not be permitted
or required to testify in any private civil action concerning any confidential documents,
materials, or information subject to subsection 1.
3. In order to assist in the performance of the commissioner's duties under this chapter,
the commissioner:
a. May share documents, materials, or other information, including the confidential
and privileged documents, materials, or information subject to subsection 1, with
other state, federal, and international regulatory agencies, with the national
association of insurance commissioners, its affiliates or subsidiaries, and with
state, federal, and international law enforcement authorities, provided the
recipient agrees in writing to maintain the confidentiality and privileged status of
the document, material, or other information;
b. May receive documents, materials, or information, including otherwise
confidential and privileged documents, materials, or information, from the national
association of insurance commissioners, 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;
c. May share documents, materials, or other information subject to this section, with
a third-party consultant or vendor provided the consultant agrees in writing to
maintain the confidentiality and privileged status of the document, material, or
other information; and

d. May enter agreements governing sharing and use of information consistent with
this subsection.
4. A waiver of any applicable privilege or claim of confidentiality in the documents,
materials, or information does not occur as a result of disclosure to the commissioner
under this section or as a result of sharing as authorized in subsection 3.
5. Documents, materials, or other information in the possession or control of the national
association of insurance commissioners or a third-party consultant or vendor pursuant
to this chapter are confidential, not subject to chapter 44-04, not subject to subpoena,
and not subject to discovery or admissible in evidence in any private civil action.