§ 27-1.2-6. Confidentiality.
(a) Documents, materials, or other information, including the CGAD, in the possession
or control of the division of insurance that are obtained by, created by, or disclosed
to the commissioner or any other person under this chapter, are recognized by this
state as being proprietary and to contain trade secrets. Subject to the disclosure
requirements of § 27-1.2-5(b), all such documents, materials, or other information shall be confidential by law
and privileged; shall not be subject to access pursuant to chapter 2 of title 38; 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 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 official duties. The commissioner
shall not otherwise make the documents, materials, or other information public without
the prior, written consent of the insurer. Nothing in this section shall be construed
to require written consent of the insurer before the commissioner may share or receive
confidential documents, materials, or other CGAD-related information pursuant to subsection
(c) to assist in the performance of the commissioner's regular duties.
(b) Neither the commissioner, nor any person who received documents, materials, or other
CGAD-related information, through examination or otherwise, while acting under the
authority of the commissioner, or with whom such documents, materials, or other information
are shared pursuant to this chapter, 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 regulatory duties, the
commissioner may:
(1) Upon request, share documents, materials, or other CGAD-related information, including
the confidential and privileged documents, materials, or information subject to subsection
(a), including proprietary and trade-secret documents and materials, with other state,
federal, and international financial regulatory agencies, including members of any
supervisory college, as described in § 27-35-5.5, with the National Association of Insurance Commissioners (NAIC), and with third-party
consultants pursuant to § 27-1.2-7, provided that the recipient agrees in writing to maintain the confidentiality and
privileged status of the CGAD-related documents, material, or other information and
has verified in writing the legal authority to maintain confidentiality; and
(2) Receive documents, materials, or other CGAD-related information, including otherwise
confidential and privileged documents, materials, or information, including proprietary
and trade-secret information or documents, from regulatory officials of other state,
federal, and international financial regulatory agencies, including members of any
supervisory college, as described in § 27-35-5.5, and from the NAIC, and shall maintain as confidential or privileged any documents,
materials, 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.
(d) The sharing of information and documents by the commissioner pursuant to this chapter
shall not constitute a delegation of regulatory authority or rulemaking, and the commissioner
is solely responsible for the administration, execution, and enforcement of the provisions
of this chapter.
(e) No waiver of any applicable privilege or claim of confidentiality in the documents,
proprietary and trade-secret materials, or other CGAD-related information shall occur
as a result of disclosure of such CGAD-related information or documents to the commissioner
under this section or as a result of sharing as authorized in this chapter.