§ 26-6-212 — Confidential information; when disclosure is permitted

(a) Privilege for, and confidentiality of, confidential
information is as follows:
(i) Except as otherwise provided in this section, an
insurer's confidential information is confidential and
privileged and shall not be subject to public inspection,
subpoena, discovery or be admissible in evidence in any private
civil action. The commissioner may use an insurer's confidential
information in the furtherance of any regulatory or legal action
brought against the insurer as part of the commissioner's
official duties;
(ii) Neither the commissioner nor any person who
receives confidential information while acting under the
authority of the commissioner shall be permitted or required to
testify in any private civil action concerning an insurer's
confidential information;
(iii) In order to assist in the performance of the
commissioner's duties, and provided that a recipient agrees, and
has the legal authority to agree to maintain the confidentiality
and privileged status of documents, materials, data and other
information in the same manner and to the same extent as
required for the commissioner, the commissioner may share
confidential information with other state, federal and
international regulatory agencies or law enforcement officials,
with the NAIC and its affiliates and subsidiaries and, in the
case of confidential information specified in paragraphs (c)(i)
and (iv) of this section only, with the actuarial board for
counseling and discipline or its successor upon request stating
that the confidential information is required for the purpose of
professional disciplinary proceedings and with state, federal
and international law enforcement officials;
(iv) The commissioner may receive documents,
materials, data and other information, including otherwise
confidential and privileged documents, materials, data or
information, from the NAIC and its affiliates and subsidiaries,
regulatory or law enforcement officials of other foreign or
domestic jurisdictions and the actuarial board for counseling
and discipline or its successor. The commissioner shall maintain
as confidential or privileged any document, material, data or
other 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
other information;
(v) The commissioner may enter into agreements
governing the sharing and use of information consistent with the
provisions of this subsection;
(vi) No waiver of any applicable privilege or claim
of confidentiality in the confidential information shall occur
as a result of disclosure to the commissioner under this section
or as a result of sharing as authorized under paragraph (iii) of
this subsection;
(vii) A privilege established under the law of any
state or jurisdiction that is substantially similar to the
privilege established under this subsection shall be available
and enforced in any proceeding of this state;
(viii) As used in this section "regulatory agency,"
"law enforcement agency" and the "NAIC" include their employees,
agents, consultants and contractors.
(b) Notwithstanding subsection (a) of this section, any
confidential information specified in paragraphs (c)(i) and (iv)
of this section:
(i) May be subject to subpoena for the purpose of
defending an action seeking damages from the appointed actuary
submitting the related memorandum in support of an opinion
submitted under W.S. 26-6-208 or principle based valuation
report developed under W.S. 26-6-210(b)(iii) by reason of an
action required by this article or by rule or regulation
promulgated in accordance with this article;
(ii) May otherwise be released by the commissioner
with the written consent of the insurer the confidential
information relates to; and
(iii) Once any portion of a memorandum in support of
an opinion submitted under W.S. 26-6-208 or a principle based
valuation report developed under W.S. 26-6-210(b)(iii) is cited
by the insurer in its marketing or is publicly volunteered to or
before a governmental agency other than a state insurance
department or is released by the insurer to the news media, all
portions of the memorandum or report shall no longer be
privileged or confidential.
(c) For purposes of this section, "confidential
information" means:
(i) A memorandum in support of an opinion submitted
under W.S. 26-6-208 and any other documents, materials and other
information including all working papers, and copies thereof,
created, produced or obtained by or disclosed to the
commissioner or any other person in connection with the
memorandum;
(ii) Except as otherwise provided in this paragraph,
all documents, materials, digital or electronic documents and
other information including all working papers, and copies
thereof, created, produced or obtained by or disclosed to the
commissioner or any other person in the course of an examination
made under W.S. 26-6-209(f). If an examination report or other
material prepared in connection with an examination made under
W.S. 26-2-116 is not held as private and confidential
information under W.S. 26-2-116, an examination report or other
material prepared in connection with an examination made under
W.S. 26-6-209(f) shall not be confidential information to the
same extent as if the examination report or other material had
been prepared under W.S. 26-2-116;
(iii) Any reports, documents, materials and other
information developed by an insurer in support of, or in
connection with, an annual certification by the insurer under
W.S. 26-6-210(b)(ii) and any reports, documents, materials,
digital or electronic documents and other information including
all working papers, and copies thereof, created, produced or
obtained by or disclosed to the commissioner or any other person
in connection with the reports, documents, materials and other
information;
(iv) Any principle based valuation report developed
under W.S. 26-6-210(b)(iii) and any other documents, materials,
digital or electronic documents and other information including
all working papers, and copies thereof, created, produced or
obtained by or disclosed to the commissioner or any other person
in connection with the report; and
(v) Any experience data submitted by an insurer under
W.S. 26-6-211 and any reports, documents, materials, data,
digital or electronic documents and other information including
all working papers, and copies thereof, created or produced in
connection with the experience data that include any potentially
insurer identifying or personally identifiable information, that
is provided to or obtained by the commissioner. This includes
any reports, documents, materials, data, digital or electronic
documents and other information including all working papers,
and copies thereof, created, produced or obtained by or
disclosed to the commissioner or any other person in connection
with the experience data or any other report, document,
material, datum, digital or electronic documents or other
information referred to in this paragraph.