§ 27-71-10 - Immunity for market conduct surveillance personnel.
SECTION 27-71-10
§ 27-71-10 Immunity for market conductsurveillance personnel. – (a) No cause of action shall arise nor shall any liability be imposed againstthe commissioner, the commissioner's authorized representatives or an examinerappointed by the commissioner for any statements made or conduct performed ingood faith while carrying out the provisions of this chapter.
(b) No cause of action shall arise, nor shall any liabilitybe imposed against any person for the act of communicating or deliveringinformation or data to the commissioner or the commissioner's authorizedrepresentative or examiner pursuant to an examination made under this chapter,if the act of communication or delivery was performed in good faith and withoutfraudulent intent or the intent to deceive.
(c) A person identified in subsection(a) shall be entitled toan award of attorneys' fees and costs if he or she is the prevailing party in acivil cause of action for libel, slander or any other relevant tort arising outof activities in carrying out the provisions of this chapter and the partybringing the action was not substantially justified in doing so. For purposesof this section a proceeding is "substantially justified" if it had areasonable basis in law or fact at the time that it was initiated.
(d) This section does not abrogate or modify in any way anycommon law or statutory privilege or immunity heretofore enjoyed by any personidentified in subsection (a).