{"data":{"id":"us-ky/krs-286.4-605","jurisdiction":"us-ky","citation":"KRS 286.4-605","heading":"Confidential and privileged documents -- Commissioner's powers --","body":"Privilege or claim of confidentiality not waived.\n(1) The following shall be considered confidential by law and privileged, and shall not\nbe subject to disclosure under the Ken tucky Open Records Act, KRS 61.870 to\n61.884:\n(a) Reports of examination, and correspondence that relates to a report of\nexamination, of a licensee;\n(b) Investigations, and records that relate to an investigation, conducted under this\nsubtitle;\n(c) Annual reports filed under KRS 286.4-590; and\n(d) Any confidential and privileged documents, materials, reports, or information\nreceived by the commissioner pursuant to subsection (5)(c) of this section.\n(2) Confidential and privileged documents shall not be subj ect to subpoena, and shall\nnot be subject to discovery or admissible in evidence in any civil action, unless the\ncommissioner determines or, after notice to the commissioner and a hearing, a court\nof competent jurisdiction determines that the commissioner would not be\nprejudiced.\n(3) (a) Subject to paragraph (b) of this subsection, all other documents, materials,\nreports, or other information that are provided to or filed with the\ncommissioner under this subtitle shall be open to public inspection.\n(b) Notwithstanding paragraph (a) of this subsection, the commissioner may, as\nauthorized by the provisions of KRS Chapter 61, classify as confidential or\nwithhold from public inspection for a period of time, as he or she considers\nnecessary, any information which in his or her judgment, the public welfare or\nthe welfare of any licensee or its customers requires to be withheld.\n(4) Neither the commissioner nor any person who receives documents, materials,\nreports, or other information while acting under the authori ty of the commissioner\nshall be required to testify in any civil action concerning any confidential\ndocuments, materials, reports, or information.\n(5) In order to assist in the performance of the commissioner's duties, the commissioner\nmay:\n(a) Use, disclo se, or make public the confidential and privileged documents or\ninformation referenced in subsection (1) of this section in furtherance of any\nregulatory or legal action brought as part of the commissioner's official duties;\n(b) Share the confidential and privileged documents referenced in subsection (1)\nof this section with other state and federal regulatory agencies, or with local,\nstate, federal, and international law enforcement authorities, if the recipient\nagrees to maintain the confidential and privi leged status of the documents in\naccordance with any sharing or use agreements referenced in paragraph (d) of\nthis subsection;\n(c) Receive documents, materials, reports, or other information, including\notherwise confidential and pri vileged documents, materials, reports, or\ninformation, from other state, federal, and international regulatory agencies,\nthe related associations, affiliates, or subsidiaries, and from local, state,\nfederal, and international law enforcement authorities, e xcept that the\ncommissioner shall maintain as confidential and privileged any documents,\nmaterials, reports, or information received with notice or the understanding\nthat they are confidential and privileged under the laws of the jurisdiction that\nis the source of the documents, materials, reports, or information; and\n(d) Enter into agreements governing the sharing and use of confidential\ndocuments and information when the sharing or use is serving a legitimate\ngovernmental need or is necessary in the perfo rmance of a legitimate\ngovernmental function, including the furtherance of any regulatory or legal\naction brought as part of the recipient's official duties.\n(6) No waiver of any applicable privilege or claim of confidentiality in documents,\nmaterials, rep orts, or information shall occur as a result of the disclosures\nauthorized under this section.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48951","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:57:11Z","sha256":"1a9dde6386abef714cdc9411d5a05a19a05b8d46c8b75e8802001819a385cfc3","source_id":"us-ky","stale":false,"prev":"us-ky/krs-286.4-600","next":"us-ky/krs-286.4-610"},"notice":"GroundRules: Original legal text. Not legal advice."}