§ 27-71-8. Confidentiality requirements.
(a) Except as otherwise provided by law, market conduct surveillance personnel shall have
free and full access to all books and records, employees, officers, and directors,
as practicable, of the insurer during regular business hours. An insurer utilizing
a third-party model or product for any of the activities under examination shall cause,
upon the request of market conduct surveillance personnel, the details of such models
or products to be made available to such personnel. All documents, whether from a
third party or an insurer, including, but not limited to, working papers, third-party
models or products, complaint logs, and copies thereof, created, produced, or obtained
by or disclosed to the commissioner or any other person in the course of any market
conduct actions made pursuant to this chapter, or in the course of market analysis
by the commissioner of the market conditions of an insurer, or obtained by the NAIC
as a result of any of the provisions of this chapter, shall be confidential by law
and privileged, shall not be subject to subpoena, and shall not be subject to discovery
or admissible in evidence in any private civil action. The commissioner will work
with an insurer to assure that the insurer's privacy and information security procedures
are not compromised as a result of or in connection with an examination.
(b) 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
under this section.
(c) Market conduct surveillance personnel shall be vested with the power to issue subpoenas
and examine insurance company personnel under oath when such action is ordered by
the commissioner.
(d) Notwithstanding the provisions of subsection (a) of this section, in order to assist
in the performance of the commissioner's duties, the commissioner may:
(1) Share documents, materials, or other information, including the confidential and privileged
documents, materials, or information subject to subsection (a), with other state,
federal, and international regulatory agencies and law enforcement authorities and
the NAIC and its affiliates and subsidiaries, provided that the recipient agrees to
and has the legal authority to maintain the confidentiality and privileged status
of the document, material, communication, or other information;
(2) Receive documents, materials, communications, or information, including otherwise
confidential and privileged documents, materials, or information, from the NAIC and
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 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;
(3) Enter into agreements governing the sharing and use of information consistent with
this subsection (d); and
(4) Notwithstanding the provisions of this section, no insurer shall be compelled to waive
any statutory or common law privilege, but may voluntarily disclose such document
to the commissioner in response to any market analysis, market conduct action or examination
as provided in this chapter.