{"data":{"id":"us-ky/krs-304.3-764","jurisdiction":"us-ky","citation":"KRS 304.3-764","heading":"Documents, materials, and other information -- Confidentiality --","body":"Releases.\n(1) (a) Subject to paragraph (b) of this subsection and subsections (3) and (6) of this\nsection, any documents, materials, or other information in the control or\npossession of the department that are furnished by a licensee, or an employee\nor agent acting on behalf of a licensee, under KRS 304.3 -756, 304.3-758, or\n304.3-760 or that are obtained by the commissioner in an investigation or\nexamination under KRS 304.3-762 shall:\n1. Be confidential by law and privileged;\n2. Not be subject to KRS 61.870 to 61.884;\n3. Not be subject to subpoena; and\n4. Not be subject to discovery or admissible in evidence in any private civil\naction.\n(b) The commissioner may use documents, m aterials, or other information\nreferenced under paragraph (a) of this subsection in furtherance of any\nregulatory or legal action brought as part of the commissioner's duties, and\nshall not otherwise make the documents, materials, or other information\npublic without the written consent of the licensee.\n(2) The commissioner, and any person who received documents, materials, or other\ninformation while acting under the authority of the commissioner, shall not be\npermitted, or required, to testify in any privat e civil action concerning any\nconfidential documents, materials, or other information subject to subsection (1)(a)\nof this section.\n(3) In order to assist in the performance of the commissioner's duties under KRS 304.3-\n750 to 304.3-768, the commissioner:\n(a) May share documents, materials, and other information, including\nconfidential and privileged documents, materials, or other informati on subject\nto subsection (1) of this section, with the following if the recipient agrees, in\nwriting, to maintain the confidentiality and privileged status of the documents,\nmaterials, or other information:\n1. State, federal, and international regulatory agencies;\n2. The National Association of Insurance Commissioners, its affiliates, or\nsubsidiaries; and\n3. State, federal, and international law enforcement authorities;\n(b) May receive documents, materials, and other information, including\nconfidential and privileged documents, materials, or information, from:\n1. The National Association of Insurance Commissioners, its affiliates, or\nsubsidiaries; and\n2. Regulatory and law enforcement officials of other foreign and domestic\njurisdictions;\n(c) Shall maintain  as confidential and privileged any document, material, or\ninformation received with notice or understanding that it is confidential and\nprivileged under the laws of the jurisdiction that is the source of the\ndocuments, materials, or other information;\n(d) May share documents, materials, and other information subject to subsection\n(1) this section with a third -party consultant or vendor, if the consultant or\nvendor agrees, in writing, to maintain the confidentiality and privileged status\nof the documents, materials, or other information; and\n(e) May enter into agreements governing the sharing and use of information\nconsistent with this section.\n(4) No waiver of any applicable privilege or claim of confidentiality shall occur as a\nresult of:\n(a) A disclosure to the commissioner of documents, materials, or other\ninformation under this section; or\n(b) The sharing of the documents, materials, or other information as authorized\nunder subsection (3) of this section.\n(5) Documents, materials, and other information i n the possession or control of the\nNational Association of Insurance Commissioners or a third -party consultant or\nvendor pursuant to KRS 304.3-750 to 304.3-768 shall:\n(a) Be confidential by law and privileged;\n(b) Not be subject to KRS 61.870 to 61.884;\n(c) Not be subject to subpoena; and\n(d) Not be subject to discovery or admissible in evidence in any private civil\naction.\n(6) Nothing in KRS 304.3 -750 to 304.3 -768 shall prohibit the commissioner from\nreleasing final, adjudicated actions that are open to pu blic inspection under KRS\n304.2-150 to a database or other clearinghouse service maintained by the National\nAssociation of Insurance Commissioners, its affiliates, or subsidiaries.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=53298","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:57:38Z","sha256":"6ab11df3df3d74eb340642ffa57d03b0ba2d6011d37cf0aef900d96d7730d5fb","source_id":"us-ky","stale":false,"prev":"us-ky/krs-304.3-762","next":"us-ky/krs-304.3-766"},"notice":"GroundRules: Original legal text. Not legal advice."}