KRS 304.3-764: Documents, materials, and other information -- Confidentiality --

Releases.

(1) (a) Subject to paragraph (b) of this subsection and subsections (3) and (6) of this

section, any documents, materials, or other information in the control or

possession of the department that are furnished by a licensee, or an employee

or agent acting on behalf of a licensee, under KRS 304.3 -756, 304.3-758, or

304.3-760 or that are obtained by the commissioner in an investigation or

examination under KRS 304.3-762 shall:

1. Be confidential by law and privileged;

2. Not be subject to KRS 61.870 to 61.884;

3. Not be subject to subpoena; and

4. Not be subject to discovery or admissible in evidence in any private civil

action.

(b) The commissioner may use documents, m aterials, or other information

referenced under paragraph (a) of this subsection in furtherance of any

regulatory or legal action brought as part of the commissioner's duties, and

shall not otherwise make the documents, materials, or other information

public without the written consent of the licensee.

(2) The commissioner, and any person who received documents, materials, or other

information while acting under the authority of the commissioner, shall not be

permitted, or required, to testify in any privat e civil action concerning any

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

of this section.

(3) In order to assist in the performance of the commissioner's duties under KRS 304.3-

750 to 304.3-768, the commissioner:

(a) May share documents, materials, and other information, including

confidential and privileged documents, materials, or other informati on subject

to subsection (1) of this section, with the following if the recipient agrees, in

writing, to maintain the confidentiality and privileged status of the documents,

materials, or other information:

1. State, federal, and international regulatory agencies;

2. The National Association of Insurance Commissioners, its affiliates, or

subsidiaries; and

3. State, federal, and international law enforcement authorities;

(b) May receive documents, materials, and other information, including

confidential and privileged documents, materials, or information, from:

1. The National Association of Insurance Commissioners, its affiliates, or

subsidiaries; and

2. Regulatory and law enforcement officials of other foreign and domestic

jurisdictions;

(c) Shall maintain as confidential and privileged any document, material, or

information received with notice or understanding that it is confidential and

privileged under the laws of the jurisdiction that is the source of the

documents, materials, or other information;

(d) May share documents, materials, and other information subject to subsection

(1) this section with a third -party consultant or vendor, if the consultant or

vendor agrees, in writing, to maintain the confidentiality and privileged status

of the documents, materials, or other information; and

(e) May enter into agreements governing the sharing and use of information

consistent with this section.

(4) No waiver of any applicable privilege or claim of confidentiality shall occur as a

result of:

(a) A disclosure to the commissioner of documents, materials, or other

information under this section; or

(b) The sharing of the documents, materials, or other information as authorized

under subsection (3) of this section.

(5) Documents, materials, and other information i n the possession or control of the

National Association of Insurance Commissioners or a third -party consultant or

vendor pursuant to KRS 304.3-750 to 304.3-768 shall:

(a) Be confidential by law and privileged;

(b) Not be subject to KRS 61.870 to 61.884;

(c) Not be subject to subpoena; and

(d) Not be subject to discovery or admissible in evidence in any private civil

action.

(6) Nothing in KRS 304.3 -750 to 304.3 -768 shall prohibit the commissioner from

releasing final, adjudicated actions that are open to pu blic inspection under KRS

304.2-150 to a database or other clearinghouse service maintained by the National

Association of Insurance Commissioners, its affiliates, or subsidiaries.