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304.47-055 Privileged and confidential information -- Permitted disclosure by
commissioner.
(1)
(2)
(3)
(4)
Documents, materials, or other information in the possession or control of the
commissioner that is provided according to this subtitle shall be confidential by
law and privileged, and shall not be subject to the Kentucky Open Records Act,
KRS 61.872 to KRS 61.884. These documents, materials, or other information
shall not be subject to subpoena, and shall not be subject to discovery or
admissible in evidence in any private civil action, unless, after notice to the
commissioner and a hearing, a court of competent jurisdiction determines the
commissioner would not be unnecessarily hindered. However, the
commissioner may 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.
Neither the commissioner nor any person who received documents, materials,
or other information while acting under the authority of the commissioner shall
be permitted or required to testify in any private civil action concerning any
confidential documents, materials, or information subject to subsection (1) of
this section.
In order to assist in the performance of the commissioner's duties, the
commissioner:
(a) May share documents, materials, or other information, including the
confidential and privileged documents, materials, or information subject to
subsections (1) and (2) of this section, with other state, federal, and
international regulatory agencies, with the National Association of
Insurance Commissioners, its affiliates or subsidiaries, and with local,
state, federal, and international law enforcement authorities, if the
recipient agrees to maintain the confidentiality and privileged status of the
documents, materials, or other information;
(b) May receive documents, materials, or other information, including
otherwise confidential and privileged documents, materials, or information
from the National Association of Insurance Commissioners, its affiliates or
subsidiaries, and from regulatory and law enforcement officials of other
foreign or domestic jurisdictions, and shall maintain as confidential and
privileged any documents, materials, or information received with notice
or the understanding that it is confidential and privileged under the laws of
the jurisdiction that is the source of the documents, materials, or
information;
(c) May enter into agreements governing the sharing and use of information
including the furtherance of any regulatory or legal action brought as part
of the recipient's official duties.
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 subtitle or as a result of sharing as authorized in
subsection (3) of this section.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1587, effective July 15, 2010. -Created 2000 Ky. Acts ch. 253, sec. 2, effective July 14, 2000.
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