2005 Idaho Code - 26-1111 — RECORDS NOT PUBLIC

                                  TITLE  26
                              BANKS AND BANKING
                                  CHAPTER 11
                     SUPERVISION BY DEPARTMENT OF FINANCE
    26-1111.  RECORDS NOT PUBLIC. (1) The department of finance shall keep
proper books and records of all regulatory acts, matters and things done by it
under the provisions of chapters 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 18,
21, 26, 32, 33, 34, 35, 36 and 37, title 26, Idaho Code, as records of its
office, but the same shall be subject to disclosure according to chapter 3,
title 9, Idaho Code, except as otherwise provided in this section and in
sections 26-1112 and 67-2743E, Idaho Code.
    (2)  All written communications and copies thereof, between the
department, the director, department employees and any bank, bank holding
company, trust company, savings and loan association and credit union which
relate in any manner to the examination or condition of the financial
institution, are the property of the department of finance and, if acquired by
any person, shall be returned to the department upon written demand.
    (3)  (a) The director of the department of finance, any federal bank or
    other financial institution regulatory or supervisory agency, and any
    bank, bank holding company, trust company, savings and loan association,
    or credit union incorporated or chartered under title 26, Idaho Code, or
    under federal law or the law of any state and doing business in the state
    of Idaho, shall each have a privilege to refuse to disclose and to prevent
    any other person from disclosing confidential communications, and the
    contents of any documents relating to any confidential communications,
    between the financial institution and the department of finance or federal
    bank or financial institution regulatory or supervisory agency made during
    the regulatory relationship.
    (b)  A communication is confidential if it is made during the regulatory
    relationship between the department of finance or the federal bank or
    other financial institution regulatory or supervisory agency and any such
    bank, bank holding company, trust company, savings and loan association or
    credit union, and if the communication is not designed or intended for
    disclosure to any other parties.
    (c)  The privilege may be claimed by the financial institution or by the
    department of finance or the federal bank or other financial institution
    regulatory or supervisory agency, or by the lawyer for either. The
    privilege may be waived only in accordance with this section and sections
    26-1112 and 67-2743E, Idaho Code.
    (d)  The director of the department of finance or the appropriate officer
    or employee of the federal bank or other financial institution regulatory
    or supervisory agency may disclose confidential communications between the
    department or agency and financial institutions to the court, in camera,
    in a civil action. Such disclosure shall also be a privileged
    communication and the privilege may be claimed by the director, officer or
    employee or his lawyer.
    (e)  No sanction may be imposed upon any financial institution as a result
    of the claim of a privilege by the financial institution or the director
    of the department of finance or the officer or employee of the federal
    supervisory agency under this section.