KRS 304.47-055: Privileged and confidential information -- Permitted disclosure by

commissioner.

(1) Documents, materials, or other information in the possession or control of the

commissioner that is provided according to this subtitle shall be confident ial by law

and privileged, and shall not be subject to the Kentucky Open Records Act, KRS

61.872 to KRS 61.884. These documents, materials, or other information shall not

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

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

hearing, a court of competent jurisdiction determines the commissioner would not

be unnecessarily hindered. However, the commissioner may use the documents,

materials, 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, or

other information while acting under the authority o f the commissioner shall be

permitted or required to testify in any private civil action concerning any

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

section.

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

commissioner:

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

confidential and privileged documents, materials, or information subject to

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

international regulatory agencies, with the National Association of Insurance

Commissioners, its affiliates or subsidiaries, with the National Insurance

Crime Bureau, and with local, state, federal, and international law

enforcement authorities, if the recipien t agrees to maintain the confidentiality

and privileged status of the documents, materials, or other information;

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

confidential and privileged documents, materials, or informati on from the

National Association of Insurance Commissioners, its affiliates or

subsidiaries, from the National Insurance Crime Bureau, and from regulatory

and law enforcement officials of other foreign or domestic jurisdictions, and

shall maintain as confi dential and privileged any documents, materials, or

information received with notice or the understanding that it is confidential

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

documents, materials, or information; and

(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.

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

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

under this subtitle or as a result of sharing as authorized in subsection (3) of this

section.