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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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