{"data":{"id":"us-ky/krs-286.13-115","jurisdiction":"us-ky","citation":"KRS 286.13-115","heading":"Confidentiality of information provided to commissioner -- When","body":"commissioner may disclose and share information -- Disclosure does not\nconstitute waiver.  (Effective April 30, 2027)\n(1) Except as otherwise provided in subsection (3) of this se ction, any document,\nmaterial, report, or other information in the possession or control of the\ncommissioner that is provided to the commissioner according to this subtitle shall:\n(a) Be confidential by law and privileged;\n(b) Not be subject to disclosure under KRS 61.870 to 61.884; and\n(c) Not be subject to subpoena or discovery, or admissible as evidence in any\ncivil action, unless the commissioner determines or, after notice to the\ncommissioner and a hearing, a court of competent jurisdiction determines that\nthe commissioner would not be prejudiced by disclosure of the document,\nmaterial, report, or information.\n(2) (a) The commissioner shall not be required to testify in any civil action\nconcerning any document, material, report, or information that is c onfidential\nunder subsection (1) of this section.\n(b) Any person who received documents, materials, reports, or other information\nthat is confidential under subsection (1) of this section while acting under the\nauthority of the commissioner shall not be re quired to testify in any civil\naction concerning the documents, materials, reports, or other information.\n(3) In order to assist in the performance of the commissioner's duties, the commissioner\nmay do all of the following:\n(a) Share or disclose documents,  materials, reports, and other information in the\ncommissioner's possession or control, including otherwise confidential and\nprivileged documents, materials, reports, and other information:\n1. In accordance with KRS 286.13-030;\n2. In accordance with a joint, concurrent, or multistate investigation or\nexamination conducted under KRS 286.13-110; or\n3. With the following, if the recipient agrees to maintain the confidentiality\nand privileged status  of shared documents, materials, reports, and\ninformation:\na. Other state, federal, and international regulatory agencies;\nb. Organizations made up of other state regulators of virtual currency\nbusinesses; and\nc. Local, state, federal, and international law enforcement authorities;\n(b) Report apparent violations of law to:\n1. Other state, federal, and international regulators of virtual currency\nbusinesses;\n2. The registry, as defined in KRS 286.13-030; or\n3. Local, state, federal, and international law enforcement authorities;\n(c) Disclose to the public:\n1. A list of licensees and agents;\n2. A licensee's registered agent for service of process in this state;\n3. The aggregate financial or other data of persons regulated under this\nsubtitle; or\n4. Violations of this subtitle, enforcement actions, and other relevant\ninformation that the commissioner deems necessary to carry out the\nrequirements and purposes of this subtitle;\n(d) Disclose and use documents, materials, reports, and other information in the\ncommissioner's possession or control, including otherwise confidential and\nprivileged documents, materials, reports, and other information, in furtherance\nof any regulatory or legal action brought as part of the commissioner's official\nduties;\n(e) Receive any do cuments, materials, reports, or other information, including\notherwise confidential and privileged documents, materials, reports, or other\ninformation, from any source;\n(f) Agree to maintain the confidentiality and privileged status of any documents,\nmaterials, reports, or information received;\n(g) Enter into agreements or relationships with other government officials, federal\nand state regulatory agencies, and regulatory associations;\n(h) Use, hire, contract, or employ analytical systems, methods, or software;\n(i) Consider, accept, and rely upon audit reports prepared by an independent\ncertified public accountant or other qualified third -party auditor for any\nperson subject to this subtitle; or\n(j) Incorporate all or part of any audit report referenced in p aragraph (i) of this\nsubsection into an examination or investigation report.\n(4) A waiver of any applicable privilege or claim of confidentiality in documents,\nmaterials, reports, or other information shall not occur as a result of a disclosure:\n(a) To the commissioner under this section; or\n(b) That is made under subsection (3)(a) of this section.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=58298","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:57:16Z","sha256":"ce6f5eba134cd5bcc2e33f92514b760224c04decf7161beb796cfec7a33672ca","source_id":"us-ky","stale":false,"prev":"us-ky/krs-286.13-110","next":"us-ky/krs-286.13-120"},"notice":"GroundRules: Original legal text. Not legal advice."}