{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-3308","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-3308","heading":"Confidentiality and privilege of information--Sharing and","body":"receiving information with and from other regulatory agencies.\n\nA. Documents, materials or other information, including the\n\nORSA Summary Report, in the possession of or control of the\n\nDepartment of Insurance that are obtained by, created by or\n\ndisclosed to the Insurance Commissioner or any other person under\n\nthis act are recognized by this state as being proprietary and to\n\ncontain trade secrets. All such documents, materials or other\n\ninformation shall be confidential by law and privileged, shall not\n\nbe subject to the Oklahoma Open Records Act, shall not be subject to\n\nsubpoena, and shall not be subject to discovery or admissible in\n\nevidence in any private civil action. However, the Insurance\n\nCommissioner is authorized to use the documents, materials or other\n\ninformation in the furtherance of any regulatory or legal action\n\nbrought as a part of the Insurance Commissioner's official duties.\n\nThe Insurance Commissioner shall not otherwise make the documents,\n\nmaterials or other information public without the prior written\n\nconsent of the insurer.\n\nB. Neither the Insurance Commissioner nor any person who\n\nreceived documents, materials or other ORSA-related information,\n\nthrough examination or otherwise, while acting under the authority\n\nof the Insurance Commissioner or with whom such documents, materials\n\nor other information are shared pursuant to this act shall be\n\npermitted or required to testify in any private civil action\n\nconcerning any confidential documents, materials or information\n\nsubject to subsection A of this section.\n\nC. In order to assist in the performance of the Insurance\n\nCommissioner's regulatory duties, the Insurance Commissioner:\n\n1. May, upon request, share documents, materials or other ORSA-\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 of any supervisory college,\n\nwith the NAIC and with any third-party consultants designated by the\n\nInsurance Commissioner, provided that the recipient agrees in\n\nwriting to maintain the confidentiality and privileged status of the\n\nORSA-related documents, materials or other information and has\n\nverified in writing the legal authority to maintain confidentiality;\n\n2. May receive documents, materials or other ORSA-related\n\ninformation, including otherwise confidential and privileged\n\ndocuments, materials or information, including proprietary and\n\ntrade-secret information or documents, from regulatory officials of\n\nother foreign or domestic jurisdictions, including members of any\n\nsupervisory college, and from the NAIC, and shall maintain as\n\nconfidential or privileged any documents, materials or information\n\nreceived with notice or the understanding that it is confidential or\n\nprivileged under the laws of the jurisdiction that is the source of\n\nthe document, material or information; and\n\n3. Shall enter into a written agreement with the NAIC or a\n\nthird-party consultant governing sharing and use of information\n\nprovided pursuant to this act, consistent with this subsection that\n\nshall:\n\na. specify procedures and protocols regarding the\n\nconfidentiality and security of information shared\n\nwith the NAIC or a third-party consultant pursuant to\n\nthis act, including procedures and protocols for\n\nsharing by the NAIC with other state regulators from\n\nstates in which the insurance group has domiciled\n\ninsurers. The agreement shall provide that the\n\nrecipient agrees in writing to maintain the\n\nconfidentiality and privileged status of the ORSA-\n\nrelated documents, materials or other information and\n\nhas verified in writing the legal authority to\n\nmaintain confidentiality,\n\nb. specify that ownership of information shared with the\nregulators from\n\nstates in which the insurance group has domiciled\n\ninsurers. The agreement shall provide that the\n\nrecipient agrees in writing to maintain the\n\nconfidentiality and privileged status of the ORSA-\n\nrelated documents, materials or other information and\n\nhas verified in writing the legal authority to\n\nmaintain confidentiality,\n\nb. specify that ownership of information shared with the\n\nNAIC or a third-party consultant pursuant to this act\n\nremains with the Insurance Commissioner and the NAIC's\n\nor a third-party consultant's use of the information\n\nis subject to the direction of the Insurance\n\nCommissioner,\n\nc. prohibit the NAIC or third-party consultant from\n\nstoring the information shared pursuant to this act in\n\na permanent database after the underlying analysis is\n\ncompleted,\n\nd. require prompt notice to be given to an insurer whose\n\nconfidential information in the possession of the NAIC\n\nor a third-party consultant pursuant to this act is\n\nsubject to a request or subpoena to the NAIC or a\n\nthird-party consultant for disclosure or production,\n\ne. require the NAIC or a third-party consultant to\n\nconsent to intervention by an insurer in any judicial\n\nor administrative action in which the NAIC or a third-\n\nparty consultant may be required to disclose\n\nconfidential information about the insurer shared with\n\nthe NAIC or a third-party consultant pursuant to this\n\nsection, and\n\nf. in the case of an agreement involving a third-party\n\nconsultant, provide for the insurer's written consent.\n\nD. The sharing of information and documents by the Insurance\n\nCommissioner pursuant to this act shall not constitute a delegation\n\nof regulatory authority or rulemaking, and the Insurance\n\nCommissioner is solely responsible for the administration, execution\n\nand enforcement of the provisions of 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 ORSA-related information shall occur as a result\n\nof disclosure of such ORSA-related information or documents to the\n\nInsurance Commissioner under this section or as a result of sharing\n\nas authorized in this act.\n\nF. Documents, materials or other information in the possession\n\nor control of the NAIC or a third-party consultant pursuant to this\n\nact shall be confidential by law and privileged, shall not be\n\nsubject to the Oklahoma Open Records Act, shall not be subject to\n\nsubpoena, and shall not be subject to discovery or admissible in\n\nevidence in any private civil action.","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":"522d4a37a130a0d958700c85db7a790320db62b5fdafde4e86cc4916c1a925c4","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-3307","next":"us-ok/okla.-stat.-tit.-36-36-3309"},"notice":"GroundRules: Original legal text. Not legal advice."}