2012 Indiana Code
TITLE 27. INSURANCE
ARTICLE 18. SURPLUS LINES INSURANCE COMPACT
CHAPTER 9. COMMISSION RECORDS AND ENFORCEMENT

IC 27-18-9
Chapter 9. Commission Records and Enforcement

IC 27-18-9-1
Public inspection and copying of commission information
Sec. 1. (a) The commission shall adopt rules establishing conditions and procedures for public inspection and copying of the commission's information and official records, not including information and records involving the privacy of individuals, insurers, or insureds, or surplus lines licensee trade secrets.
(b) State transaction documentation and clearinghouse transaction data collected by the clearinghouse may be used only for purposes expressed in or reasonably implied under the provisions of this compact, and the commission shall afford the state transaction documentation and clearinghouse transaction data the broadest protections as permitted by applicable law for proprietary information, trade secrets, or personal data.
(c) The commission may adopt additional rules under which the commission may:
(1) make available to federal and state agencies, including law enforcement agencies, records and information otherwise exempt from disclosure; and
(2) enter into agreements with agencies described in subdivision (1) to receive or exchange information or records subject to nondisclosure and confidentiality provisions.
As added by P.L.111-2011, SEC.1.

IC 27-18-9-2
Duty to disclose to commission
Sec. 2. (a) Except for privileged records, data, and information, the laws of a compacting state pertaining to confidentiality or nondisclosure do not relieve a compacting state member of the duty to disclose any relevant records, data, or information to the commission.
(b) Disclosure to the commission as described in subsection (a) does not waive or otherwise affect a confidentiality requirement.
(c) Except as otherwise expressly provided in this compact, the commission is not subject to the laws of a compacting state described in subsection (a) with respect to records, data, and information in the commission's possession.
(d) Confidential information of the commission remains confidential after the information is provided to a member.
(e) The commission shall maintain the confidentiality of information provided by a member if that information is confidential under the member's state's law.
As added by P.L.111-2011, SEC.1.

IC 27-18-9-3
Compliance of compacting states; notice of noncompliance
Sec. 3. (a) The commission shall monitor compacting states for

compliance with the bylaws and rules.
(b) The commission shall provide written notice of noncompliance to a compacting state that does not comply with the bylaws and rules.
(c) If a compacting state that receives a notice of noncompliance under subsection (b) fails to remedy the noncompliance within the time specified in the notice of noncompliance, the compacting state is considered to be in default under IC 27-18-14.
As added by P.L.111-2011, SEC.1.