2016 Kentucky Revised Statutes CHAPTER 304 - INSURANCE CODE Subtitle 37 - Insurance Holding Company Systems 304.37-050 Confidential treatment of information obtained in course of examination -- Sharing and use of information.
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304.37-050
Confidential treatment of information obtained in course of
examination -- Sharing and use of information.
(1)
(2)
(3)
(a)
All documents, materials, or other information in the possession or control of
the department that are obtained by or disclosed to the commissioner by any
other person in the course of an examination, analysis, or investigation made
pursuant to KRS 304.37-040 and all information reported pursuant to KRS
304.37-020, shall:
1.
Be confidential by law and privileged; and
2.
Not be subject to:
a.
The Kentucky Open Records Act, KRS 61.872 to 61.884;
b
Subpoena;
c.
Discovery; or
d.
Admission in evidence in any private civil action.
(b) 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.
(c) The commissioner shall not otherwise make the documents, materials, or
other information public without the prior written consent of the insurer to
which it pertains unless the commissioner, after giving the insurer and its
affiliates who would be affected thereby notice and opportunity to be heard,
determines that the interests of policyholders, shareholders, or the public will
be served by the publication thereof, in which event the commissioner may
publish all or any part thereof in such manner as the commissioner may deem
appropriate.
Neither the commissioner nor any person who received documents, materials, or
other information while acting under the authority of the commissioner or with
whom such documents, materials, or other information are shared, pursuant to this
subtitle, shall be permitted or required to testify in any private civil action
concerning any confidential documents, materials, or other information subject to
subsection (1) of this section.
The commissioner:
(a) May share documents, materials, or other information, including confidential
and privileged documents, materials, or other information subject to
subsection (1) of this section, with other state, federal, and international
regulatory agencies, the National Association of Insurance Commissioners
and its affiliates and subsidiaries, and with state, federal and international law
enforcement authorities, including members of any supervisory college
described in KRS 304.37-055, if the recipient agrees in writing to maintain the
confidentiality and privileged status of the documents, materials, or other
information, and has verified in writing the legal authority to maintain
confidentiality;
(b) May only share confidential and privileged documents, materials, or other
(4)
(5)
information reported pursuant to KRS 304.37-020(13), notwithstanding
paragraph (a) of this subsection, with commissioners of states having statutes
or regulations substantially similar to subsection (1) of this section, and who
have agreed in writing not to disclose such information;
(c) 1.
May receive documents, materials, or other information, including
confidential and privileged documents, materials, or other information
from the National Association of Insurance Commissioners and its
affiliates and subsidiaries and from regulatory and law enforcement
officials of other foreign or domestic jurisdiction; and
2.
Shall maintain as confidential or privileged any documents, materials, 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 documents, materials, or other information; and
(d) Shall enter into written agreements with the National Association of Insurance
Commissioners governing sharing and use of information provided pursuant
to this subtitle, consistent with this subsection that:
1.
Specify procedures and protocols regarding the confidentiality and
security of information shared with the National Association of
Insurance Commissioners and its affiliates and subsidiaries, pursuant to
this subtitle, including procedures and protocols for sharing the National
Association of Insurance Commissioners with other state, federal, or
international regulators;
2.
Specify that ownership of information shared with the National
Association of Insurance Commissioners and its affiliates and
subsidiaries, pursuant to this subsection, remains with the commissioner,
and the National Association of Insurance Commissioners' use of the
information is subject to the direction of the commissioner;
3.
Require prompt notice be given to an insurer whose confidential
information, in the possession of the National Association of Insurance
Commissioners, pursuant to this subtitle, is subject to a request or
subpoena to the National Association of Insurance Commissioners,
pursuant to this subtitle, for disclosure or production; and
4.
Require the National Association of Insurance Commissioners and its
affiliates and subsidiaries to consent to intervention by an insurer in any
judicial or administrative action in which the National Association of
Insurance Commissioners and its affiliates and subsidiaries may be
required to disclose confidential information about the insurer shared
with the National Association of Insurance Commissioners and its
affiliates and subsidiaries.
The sharing of information by the commissioner shall not constitute a delegation of
regulatory authority or rulemaking, and the commissioner is solely responsible for
administration, execution, and enforcement of this subtitle.
A waiver of any applicable privilege or claim of confidentiality in the documents,
(6)
materials, or information shall not occur as a result of disclosure to the
commissioner under this section or as a result of sharing as authorized in subsection
(3) of this section.
Documents, materials, or information in the possession or control of the National
Association of Insurance Commissioners and its affiliates and subsidiaries, pursuant
to this subtitle, shall:
(a) Be confidential by law and privileged; and
(b) Not be subject to:
1.
The Kentucky Open Records Act, KRS 61.872 to 61.884;
2.
Subpoena;
3.
Discovery; or
4.
Admission in evidence in any private civil action.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 57, sec. 2, effective June 24, 2015. -- Amended
2010 Ky. Acts ch. 24, sec. 1476, effective July 15, 2010. -- Created 1972 Ky. Acts
ch. 52, sec. 5, effective June 16, 1972.
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