§ 27-71-8 - Confidentiality requirements.
SECTION 27-71-8
§ 27-71-8 Confidentiality requirements.– (a) Except as otherwise provided by law, market conduct surveillance personnelshall have free and full access to all books and records, employees, officersand directors, as practicable, of the insurer during regular business hours. Aninsurer utilizing a third-party model or product for any of the activitiesunder examination shall cause, upon the request of market conduct surveillancepersonnel, the details of such models or products to be made available to suchpersonnel. All documents, whether from a third-party or an insurer, including,but not limited to, working papers, third-party models or products, complaintlogs, and copies thereof, created, produced or obtained by or disclosed to thecommissioner or any other person in the course of any market conduct actionsmade pursuant to this chapter, or in the course of market analysis by thecommissioner of the market conditions of an insurer, or obtained by the NAIC asa result of any of the provisions of this chapter, shall be confidential by lawand privileged, shall not be subject to subpoena and shall not be subject todiscovery or admissible in evidence in any private civil action. Thecommissioner will work with an insurer to assure that the insurer's privacy andinformation security procedures are not compromised as a result of or inconnection with an examination.
(b) No waiver of any applicable privilege or claim ofconfidentiality in the documents, materials, or information shall occur as aresult of disclosure to the commissioner under this section.
(c) Market conduct surveillance personnel shall be vestedwith the power to issue subpoenas and examine insurance company personnel underoath when such action is ordered by the commissioner.
(d) Notwithstanding the provisions of paragraph (a) of thissubsection, in order to assist in the performance of the commissioner's duties,the commissioner may:
(1) Share documents, materials, or other information,including the confidential and privileged documents, materials or informationsubject to paragraph (a), with other state, federal and internationalregulatory agencies and law enforcement authorities and the NAIC and itsaffiliates and subsidiaries, provided that the recipient agrees to and has thelegal authority to maintain the confidentiality and privileged status of thedocument, material, communication or other information;
(2) Receive documents, materials, communications, orinformation, including otherwise confidential and privileged documents,materials, or information, from the NAIC and its affiliates or subsidiaries,and from regulatory and law enforcement officials of other foreign or domesticjurisdictions, and shall maintain as confidential or privileged any documents,materials or information received with notice or the understanding that it isconfidential or privileged under the laws of the jurisdiction that is thesource of the document, material or information;
(3) Enter into agreements governing the sharing and use ofinformation consistent with this subsection; and
(4) Notwithstanding the provisions of this section, noinsurer shall be compelled to waive any statutory or common law privilege, butmay voluntarily disclose such document to the commissioner in response to anymarket analysis, market conduct action or examination as provided in thischapter.