N.Y. Insurance Law § 110: Cooperation with other regulatory agencies

§ 110. Cooperation with other regulatory agencies. (a) In order to

assist in the performance of the superintendent's duties under this

chapter, the superintendent:

(1) may share documents, materials or other information, including

confidential, privileged, and trade secret documents, materials or

information with other local, state, federal, and international

regulatory agencies, with the New York Liquidation Bureau, with the

National Association of Insurance Commissioners, its affiliates or

subsidiaries, with any third-party consultant designated by the

superintendent, with local, state, federal, and international law

enforcement authorities, including members of any supervisory college

described in section three hundred two of this chapter, provided that

the recipient has the authority and agrees to maintain the

confidentiality and privileged status of the document, material or other

information and has verified in writing the legal authority to maintain

confidentiality; provided, however, that this paragraph shall not be

construed as limiting access to records pursuant to article six of the

public officers law, except as provided in paragraph three of subsection

(b) of this section;

(2) may receive documents, materials or information, including

otherwise confidential, privileged, and trade secret documents,

materials or information, from the New York Liquidation Bureau, from the

National Association of Insurance Commissioners, its affiliates or

subsidiaries, from regulatory and law enforcement officials of other

foreign or domestic jurisdictions, including members of any supervisory

college described in section three hundred two of this chapter, and from

any other entity designated by the superintendent in a regulation, and

shall maintain as confidential or privileged any document, material or

information received with notice or the understanding that it is

confidential or privileged under the laws of the jurisdiction that is

the source of the document, material or information; and

(3) may enter into agreements governing sharing and use of documents,

materials or information consistent with this subsection.

(b) (1) 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 superintendent under this section or as

a result of sharing as authorized in this section.

(2) The sharing of documents, materials, or information by the

superintendent pursuant to this section shall not constitute a

delegation of regulatory authority or rulemaking, and the superintendent

is solely responsible for the administration, execution, and enforcement

of the provisions of this section.

(3) Documents, materials, or other information in the possession or

control of the National Association of Insurance Commissioners or

third-party consultants pursuant to this section shall be confidential

by law and privileged, shall not be subject to article six of the public

officers law, shall not be subject to subpoena, and shall not be subject

to discovery or admissible in evidence in any private civil action.