{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-1538","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-1538","heading":"Confidentiality and privilege","body":"A. Documents, materials or other information including the\n\nCorporate Governance Annual Disclosure (CGAD), in the possession or\n\ncontrol of the Oklahoma Insurance Department that is obtained by,\n\ncreated by or disclosed to the Insurance Commissioner or any other\n\nperson under this act, is recognized by this state as being\n\nproprietary and to contain trade secrets. All such documents,\n\nmaterials or other information shall be confidential by law and\n\nprivileged, shall not be subject to the Oklahoma Open Records Act,\n\nsubpoena, and discovery or admissible in evidence in any private\n\ncivil action. However, the Commissioner is authorized to use the\n\ndocuments, materials or other information in the furtherance of any\n\nregulatory or legal action brought as a part of the Commissioner's\n\nofficial duties. The Commissioner shall not otherwise make the\n\ndocuments, materials or other information public without the prior\n\nwritten consent of the insurer. Nothing in this section shall be\n\nconstrued to require written consent of the insurer before the\n\nCommissioner may share or receive confidential documents, materials\n\nor other CGAD-related information pursuant to subsection C of this\n\nsection to assist in the performance of the Commissioner's regular\n\nduties.\n\nB. Neither the Commissioner nor any person who received\n\ndocuments, materials or other CGAD-related information, through\n\nexamination or otherwise, while acting under the authority of the\n\nCommissioner, or with whom such documents, materials or other\n\ninformation is shared pursuant to this act shall be permitted or\n\nrequired to testify in any private civil action concerning any\n\nconfidential documents, materials, or information subject to\n\nsubsection A of this section.\n\nC. In order to assist in the performance of the Commissioner's\n\nregulatory duties, the Commissioner:\n\n1. May, upon request, share documents, materials or other CGAD-\n\nrelated information including the confidential and privileged\n\ndocuments, materials or information subject to subsection A of this\n\nsection, including proprietary and trade secret documents and\n\nmaterials, with other state, federal and international financial\n\nregulatory agencies, including members from the National Association\n\nof Insurance Commissioners (NAIC), and with third-party consultants\n\npursuant to Section 6 of this act, provided that the recipient\n\nagrees in writing to maintain the confidentiality and privileged\n\nstatus of the CGAD-related documents, material or other information\n\nand has verified in writing the legal authority to maintain\n\nconfidentiality; and\n\n2. May receive documents, materials or other CGAD-related\n\ninformation, including otherwise confidential and privileged\n\ndocuments, materials or information, including proprietary and trade\n\nsecret information or documents, from regulatory officials of other\n\nstate, federal and international financial regulatory agencies,\n\nincluding members from the NAIC and shall maintain as confidential\n\nor privileged any documents, materials 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\ndocuments, materials or information.\n\nD. The sharing of information and documents by the Commissioner\n\npursuant to this act shall not constitute a delegation of regulatory\n\nauthority or rulemaking, and the Commissioner is solely responsible\n\nfor the administration, execution and enforcement of the provisions\n\nof this act.\n\nE. No waiver of any applicable privilege or claim of\n\nconfidentiality in the documents, proprietary and trade secret\n\nmaterials or other CGAD-related information shall occur as a result\n\nof disclosure of such CGAD-related information or documents to the\n\nCommissioner under this section or as a result of sharing as\n\nauthorized in this act.","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":"234a1d25671e218cde01fba56c5c6317614d78fb1e5959912501ddca4319f161","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-1537","next":"us-ok/okla.-stat.-tit.-36-36-1539"},"notice":"GroundRules: Original legal text. Not legal advice."}