Sec. 21.06.060. Records.

611 words·~3 min read·/ak/title-21/chapter-6/21-06-060

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The director shall enter in permanent form records of official transactions, examinations, investigations, and proceedings and keep those records in the office of the director. The records and insurance filings in the office of the director are open to public inspection, except as otherwise provided in

(b)—

(g)of this section or other provisions of this title with respect to particular records or filings.

(b)Information and records, including written documents and electronic data, designated as confidential or not available for public inspection under this section or other provisions of this title

(1)are not subject to inspection and copying under AS 40.25.110 — 40.25.220;

(2)may not be obtained from the director by subpoena, except for a subpoena issued by a state or federal law enforcement agency or grand jury;

(3)may be used by the director in a regulatory or legal proceeding; and

(4)may be released for public inspection if the person who provided the information or records to the director consents or releases incomplete or misleading information on the same topic to the public.

(c)The director or a person acting under the authority of the director who receives information or records designated in this title as confidential or not available for public inspection may not be permitted or required to testify about the information or records in a civil action not involving the state or a state agency, officer, or employee.

(d)A person required or requested to provide information or records to the director under this title does not waive a claim of privilege that the person may have by providing the information or records to the director.

(e)In the performance of duties under this title, the director may

(1)disclose confidential information or records to the legislature, state, federal, and international regulatory or law enforcement agencies, or the National Association of Insurance Commissioners if the recipient will maintain the confidentiality of the information or records;

(2)receive information or records from state, federal, and international regulatory or law enforcement authorities or the National Association of Insurance Commissioners and maintain the confidentiality of the information or records if requested to do so or given notice that the information or records are confidential under the law of the jurisdiction supplying them; and

(3)enter into agreements consistent with this section governing the sharing of information or records that are confidential under this title with other state, federal, and international regulatory or law enforcement agencies or the National Association of Insurance Commissioners for the purpose of furthering any regulatory or legal action that may be taken as part of the recipient's official duties.

(f)The following information or records submitted to or obtained by the director are confidential:

(1)personally identifiable consumer information; however, the director may disclose the information or records for the purpose of attempting to resolve a consumer complaint;

(2)information or records established by a showing satisfactory to the director to be a trade secret or proprietary business information, including

(A)detailed health insurance claim cost data; and

(B)justification for usual, customary, and reasonable charge determinations;

(3)information or records provided by a person not subject to this title at the request of the director if the information or records are identified as confidential by the director; and

(4)analysis ratios and examination synopses concerning insurance companies that are submitted to the director by the National Association of Insurance Commissioners.

(g)The director may withhold information or records from public inspection for as long as the director finds the withholding is

(1)necessary to protect a person against unwarranted injury; or

(2)in the public interest.