§ 383:10-b — Confidential Information

All records of the department's investigations, examinations, visitations, and reports produced by those investigations, examinations, and visitations including any duly authenticated copy of those records in the possession of any entity under the supervision of the commissioner, shall be confidential, shall not be subject to RSA 91-A, shall not be subject to subpoena and shall not be made public unless, in the judgment of the commissioner, the ends of justice and the public advantage will be served by the publication of those records. The commissioner may disclose to federal and state supervisory authorities and to independent insuring funds which he or she deems qualified such information and reports relating to the entities under his or her supervision as he or she deems best. The commissioner may also furnish to any government sponsored bank created under the Federal Home Loan Bank Act, or any authorized agent thereof, copies of reports of examination concerning any bank or credit union that is a member of such government sponsored bank, as required for the evaluation of the financial condition of the member bank or credit union. The commissioner may share information with state and federal regulators, and may share information with law enforcement agencies for the purpose of criminal investigations. On motion for discovery filed in any court of competent jurisdiction, in aid of any pending action, the court, after hearing the parties, may order the production of those records for use in that action whenever it is found that justice so requires, subject to such reasonable safeguards imposed by the court as may be necessary to prevent use by unauthorized persons or publicity of irrelevant portions of those records.

Legislative History

1965, 52:1. 1983, 194:1. 2015, 272:11, eff. Oct. 1, 2015. 2018, 184:3, eff. Aug. 7, 2018. 2019, 168:5, eff. July 10, 2019.