KRS 286.4-605: Confidential and privileged documents -- Commissioner's powers --

Privilege or claim of confidentiality not waived.

(1) The following shall be considered confidential by law and privileged, and shall not

be subject to disclosure under the Ken tucky Open Records Act, KRS 61.870 to

61.884:

(a) Reports of examination, and correspondence that relates to a report of

examination, of a licensee;

(b) Investigations, and records that relate to an investigation, conducted under this

subtitle;

(c) Annual reports filed under KRS 286.4-590; and

(d) Any confidential and privileged documents, materials, reports, or information

received by the commissioner pursuant to subsection (5)(c) of this section.

(2) Confidential and privileged documents shall not be subj ect to subpoena, and shall

not be subject to discovery or admissible in evidence in any civil action, unless the

commissioner determines or, after notice to the commissioner and a hearing, a court

of competent jurisdiction determines that the commissioner would not be

prejudiced.

(3) (a) Subject to paragraph (b) of this subsection, all other documents, materials,

reports, or other information that are provided to or filed with the

commissioner under this subtitle shall be open to public inspection.

(b) Notwithstanding paragraph (a) of this subsection, the commissioner may, as

authorized by the provisions of KRS Chapter 61, classify as confidential or

withhold from public inspection for a period of time, as he or she considers

necessary, any information which in his or her judgment, the public welfare or

the welfare of any licensee or its customers requires to be withheld.

(4) Neither the commissioner nor any person who receives documents, materials,

reports, or other information while acting under the authori ty of the commissioner

shall be required to testify in any civil action concerning any confidential

documents, materials, reports, or information.

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

may:

(a) Use, disclo se, or make public the confidential and privileged documents or

information referenced in subsection (1) of this section in furtherance of any

regulatory or legal action brought as part of the commissioner's official duties;

(b) Share the confidential and privileged documents referenced in subsection (1)

of this section with other state and federal regulatory agencies, or with local,

state, federal, and international law enforcement authorities, if the recipient

agrees to maintain the confidential and privi leged status of the documents in

accordance with any sharing or use agreements referenced in paragraph (d) of

this subsection;

(c) Receive documents, materials, reports, or other information, including

otherwise confidential and pri vileged documents, materials, reports, or

information, from other state, federal, and international regulatory agencies,

the related associations, affiliates, or subsidiaries, and from local, state,

federal, and international law enforcement authorities, e xcept that the

commissioner shall maintain as confidential and privileged any documents,

materials, reports, or information received with notice or the understanding

that they are confidential and privileged under the laws of the jurisdiction that

is the source of the documents, materials, reports, or information; and

(d) Enter into agreements governing the sharing and use of confidential

documents and information when the sharing or use is serving a legitimate

governmental need or is necessary in the perfo rmance of a legitimate

governmental function, including the furtherance of any regulatory or legal

action brought as part of the recipient's official duties.

(6) No waiver of any applicable privilege or claim of confidentiality in documents,

materials, rep orts, or information shall occur as a result of the disclosures

authorized under this section.