KRS 286.11-033: Confidentiality of data submitted to commissioner.

(1) Documents, materials, reports, 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. 870 to 61.884. These documents, materials, reports, or other information

shall not be subject to subpoena, and shall not be subject to discovery or admissible

in evidence in any civil action, unless, after notice to the commissioner and a

hearing, a court of competent jurisdiction determines that the commissioner would

not be prejudiced. However, the commissioner may use the documents, materials,

reports, or other information in the furtherance of any regulatory or legal action

brought as a part of the commissioner's official duties.

(2) Neither the commissioner nor any person who received documents, materials,

reports, or other information while acting under the authority of the commissioner

shall be permitted or required to testify in any civil action conc erning any

confidential documents, materials, reports, or information subject to subsection (1)

of this section.

(3) In order to assist in the performance of the commissioner's duties, the

commissioner:

(a) May share documents, materials, reports, or other information, including the

confidential and privileged documents, materials, reports, or information

subject to subsections (1) and (2) of this section, with other state, federal, and

international regulatory agencies, with the Money Transmitter Regulator s

Association, 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, reports,

or other information;

(b) May receive documents, materials, reports, or other information, including

otherwise confidential and privileged documents, materials, reports, or

information from the Money Transmitter Regulators Association, its affiliates

or subsidiaries, an d from regulatory and law enforcement officials of other

foreign or domestic jurisdictions, and shall maintain as confidential and

privileged any documents, materials, reports, or information received with

notice or the understanding that they are confiden tial and privileged under the

laws of the jurisdiction that is the source of the documents, materials, reports,

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;

(d) May disclose to the public a list of persons licensed under this subtitle or the

aggregate financial data concerning those licensees; and,

(e) May disclose to the public any order issued under this subtitle that is the result

of an administrative or legal action against a licensee, agent of a licensee,

responsible individual, key shareholder, executive officer, or director.

(4) No waiver of any applicable privilege or claim of confidentiality i n the documents,

materials, reports, or information shall occur as a result of disclosure to the

commissioner under this subsection or as a result of sharing as authorized in

subsection (3) of this section.