{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-1126","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-1126","heading":"Public access to documents and reports - Confidentiality","body":"A. The Statement of Actuarial Opinion shall be provided with\n\nthe annual statement in accordance with the appropriate National\n\nAssociations of Insurance Commissioners Property and Casualty Annual\n\nStatement Instructions and shall be treated as a public document.\n\nB. 1. Documents, materials or other information in the\n\npossession or control of the Insurance Department that are\n\nconsidered an actuarial report, work papers or actuarial opinion\n\nsummary provided in support of the opinion, and any other material\n\nprovided by the company to the Insurance Commissioner in connection\n\nwith the actuarial report, work papers or actuarial opinion summary,\n\nand any work papers used by the Commissioner or any other person in\n\nthe analysis of the actuarial report, work papers, other material or\n\nactuarial opinion summary provided in support of the opinion, shall\n\nbe confidential by law and privileged, shall not be subject to the\n\nOklahoma Open Records Act, shall not be subject to subpoena, and\n\nshall not be subject to discovery or admissible in evidence in any\n\nprivate civil action. The confidentiality and protection from\n\ndiscovery by subpoena provided in this paragraph shall not be\n\nconstrued to be extended to identical, similar or other related\n\ndocuments or information or to the work papers that are not deemed\n\nto be in the possession, custody or control of the Commissioner.\n\n2. This provision shall not be construed to limit the\n\nCommissioner’s authority to release the documents to the Actuarial\n\nBoard for Counseling and Discipline (ABCD) so long as the material\n\nis required for the purpose of professional disciplinary proceedings\n\nand the ABCD establishes procedures satisfactory to the Commissioner\n\nfor preserving the confidentiality of the documents, nor shall this\n\nsection be construed to limit the Commissioner’s authority to use\n\nthe documents, materials or other information in furtherance of any\n\nregulatory or legal action brought as part of the Commissioner’s\n\nofficial duties.\n\nC. Neither the Commissioner nor any person who received\n\ndocuments, materials or other information while acting under the\n\nauthority of the Commissioner shall be permitted or required to\n\ntestify in any private civil action concerning any confidential\n\ndocuments, materials or information subject to subsection B of this\n\nsection.\n\nD. In order to assist in the performance of the Commissioner’s\n\nduties, the Commissioner:\n\n1. May share documents, materials or other information,\n\nincluding the confidential and privileged documents, materials or\n\ninformation subject to subsection B of this section with other\n\nstate, federal and international regulatory agencies, with the\n\nNational Association of Insurance Commissioners and its affiliates\n\nand subsidiaries, and with state, federal and international law\n\nenforcement authorities; provided, that the recipient agrees to\n\nmaintain the confidentiality and privileged status of the document,\n\nmaterial or other information and has the legal authority to\n\nmaintain confidentiality;\n\n2. May receive documents, materials or information, including\n\notherwise confidential and privileged documents, materials or\n\ninformation, from the National Association of Insurance\n\nCommissioners and its affiliates and subsidiaries, and from\n\nregulatory and law enforcement officials of other foreign or\n\ndomestic jurisdictions, and shall maintain as confidential or\n\nprivileged any document, material or information received with\n\nnotice or the understanding that it is confidential or privileged\n\nunder the laws of the jurisdiction that is the source of the\n\ndocument, material or information; and\n\n3. May enter into agreements governing sharing and use of\n\ninformation consistent with subsections B through D of this section.\n\nE. No waiver of any applicable privilege or claim of\n\nconfidentiality in the documents, materials or information shall\n\nunder the laws of the jurisdiction that is the source of the\n\ndocument, material or information; and\n\n3. May enter into agreements governing sharing and use of\n\ninformation consistent with subsections B through D of this section.\n\nE. No waiver of any applicable privilege or claim of\n\nconfidentiality in the documents, materials or information shall\n\noccur as a result of disclosure to the Commissioner under this\n\nsection or as a result of sharing as authorized in subsection D of\n\nthis section.","path":["OK Code","Title 36"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os36.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"6f1a569284b6d060c8efd838031401586e48b14a59d4a748fe8f4a3cd2dac440","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-1125","next":"us-ok/okla.-stat.-tit.-36-36-114"},"notice":"GroundRules: Original legal text. Not legal advice."}