§ 110 — Cooperation with other regulatory agencies

§ 110. Cooperation with other regulatory agencies. (a) In order to\nassist in the performance of the superintendent's duties under this\nchapter, the superintendent:\n (1) may share documents, materials or other information, including\nconfidential, privileged, and trade secret documents, materials or\ninformation with other local, state, federal, and international\nregulatory agencies, with the New York Liquidation Bureau, with the\nNational Association of Insurance Commissioners, its affiliates or\nsubsidiaries, with any third-party consultant designated by the\nsuperintendent, with local, state, federal, and international law\nenforcement authorities, including members of any supervisory college\ndescribed in section three hundred two of this chapter, provided that\nthe recipient has the authority and agrees to maintain the\nconfidentiality and privileged status of the document, material or other\ninformation and has verified in writing the legal authority to maintain\nconfidentiality; provided, however, that this paragraph shall not be\nconstrued as limiting access to records pursuant to article six of the\npublic officers law, except as provided in paragraph three of subsection\n(b) of this section;\n (2) may receive documents, materials or information, including\notherwise confidential, privileged, and trade secret documents,\nmaterials or information, from the New York Liquidation Bureau, from the\nNational Association of Insurance Commissioners, its affiliates or\nsubsidiaries, from regulatory and law enforcement officials of other\nforeign or domestic jurisdictions, including members of any supervisory\ncollege described in section three hundred two of this chapter, and from\nany other entity designated by the superintendent in a regulation, and\nshall maintain as confidential or privileged any document, material or\ninformation received with notice or the understanding that it is\nconfidential or privileged under the laws of the jurisdiction that is\nthe source of the document, material or information; and\n (3) may enter into agreements governing sharing and use of documents,\nmaterials or information consistent with this subsection.\n (b) (1) No waiver of any applicable privilege or claim of\nconfidentiality in the documents, materials, or information shall occur\nas a result of disclosure to the superintendent under this section or as\na result of sharing as authorized in this section.\n (2) The sharing of documents, materials, or information by the\nsuperintendent pursuant to this section shall not constitute a\ndelegation of regulatory authority or rulemaking, and the superintendent\nis solely responsible for the administration, execution, and enforcement\nof the provisions of this section.\n (3) Documents, materials, or other information in the possession or\ncontrol of the National Association of Insurance Commissioners or\nthird-party consultants pursuant to this section shall be confidential\nby law and privileged, shall not be subject to article six of the public\nofficers law, shall not be subject to subpoena, and shall not be subject\nto discovery or admissible in evidence in any private civil action.\n