Sec. 123C-28. Confidentiality.
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Sec. 123C-28. Confidentiality.
A. Any information filed by an applicant or captive insurance company under this Article is confidential and privileged for all purposes, including for purposes of the Freedom of Information Act, a response to a subpoena, or evidence in a civil action. Except as provided by subsections B and C of this Section, the information may not be disclosed without the prior written consent of the applicant or captive insurance company to which the information pertains.
B. If the recipient of the information described by subsection A of this Section has the legal authority to maintain the confidential or privileged status of the information and verifies that authority in writing, the Director or his or her designee may disclose the information to any of the following entities functioning in an official capacity:
(1)a director of insurance or an insurance department of another state;
(2)an authorized law enforcement official;
(3)a State's Attorney of this State;
(4)the Attorney General;
(5)a grand jury;
(6)the National Association of Insurance Commissioners if the captive insurance
company is affiliated with an insurance company that is part of an insurance holding company system as described in Article VIII 1/2 of this Code;
(7)another state or federal regulator if the applicant or captive insurance company
to which the information relates operates in the entity's jurisdiction;
(8)an international insurance regulator or analogous financial agency if the captive
insurance company is affiliated with an insurance company that is part of an insurance holding company system as described in Article VIII 1/2 of this Code and the holding company system operates in the entity's jurisdiction; or
(9)members of a supervisory college described by Section 131.20c of this Code, if
the captive insurance company is affiliated with an insurance company that is part of an insurance holding company system as described in Article VIII 1/2 of this Code.
C. The Director may use information described by subsection A of this Section in the furtherance of a legal or regulatory action relating to the administration of this Code.