Effective 01 Jan 2019, see footnote

382.620. Documents, materials, and information recognized by state as proprietary and containing trade secrets — confidentiality — director's authority and duties. — 1. Documents, materials, or other information, including the CGAD, in the possession or control of the department of commerce and insurance that are obtained by, created by, or disclosed to the director or any other person under sections 382.600 to 382.640 are recognized by this state as being proprietary and containing trade secrets. All such documents, material, or other information shall be confidential by law and privileged, shall not be subject to disclosure under chapter 610, shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action. However, the director is authorized to use the documents, materials, or other information in the furtherance of any regulatory or legal action brought as a part of the director's official duties. The director shall not otherwise make the documents, materials, or other information public without the prior written consent of the insurer. Nothing in this section shall be construed to require written consent of the insurer before the director may share or receive confidential documents, materials, or other CGAD-related information under subsection 3 of this section to assist in the performance of the director's regular duties.

2. Neither the director nor any person who receives documents, materials, or other CGAD-related information through examination or otherwise while acting under the authority of the director or with whom such documents, materials, or other information are shared under sections 382.600 to 382.640 shall be permitted or required to testify in any private civil action concerning any confidential documents, materials, or information subject to subsection 1 of this section.

3. In order to assist in the performance of the director's regulatory duties, the director:

(1) May, upon request, share documents, materials, or other CGAD-related information, including the confidential and privileged documents, materials, or information subject to subsection 1 of this section, including proprietary and trade secret documents and materials, with other state, federal, and international financial regulatory agencies, including members of any supervisory college as described in section 382.225, with the NAIC, and with third-party consultants under section 382.625; provided that, the recipient agrees in writing to maintain the confidentiality and privileged status of the CGAD-related documents, materials, or other information and has verified in writing the legal authority to maintain confidentiality; and

(2) May receive documents, materials, or other CGAD-related information, including otherwise confidential and privileged documents, materials, or information, including proprietary and trade secret information or documents, from regulatory officials of other state, federal, and international financial regulatory agencies, including members of any supervisory college as described in section 382.225, and from the NAIC, and shall maintain as confidential or privileged any documents, materials, or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the documents, material, or information.

4. The sharing of information and documents by the director under sections 382.600 to 382.640 shall not constitute a delegation of regulatory authority or rulemaking, and the director is solely responsible for the administration, execution, and enforcement of the provisions of sections 382.600 to 382.640.

5. No waiver of any applicable privilege or claim of confidentiality in the documents, proprietary and trade secret materials, or other CGAD-related information shall occur as a result of disclosure of such CGAD-related information or documents to the director under this section or as a result of sharing as authorized under sections 382.600 to 382.640.

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(L. 2018 S.B. 593)

Effective 1-01-19