Oklahoma § 36-3308 - Confidentiality and privilege of information--Sharing and

§ 36-3308. Confidentiality and privilege of information--Sharing and

receiving information with and from other regulatory agencies.

A. Documents, materials or other information, including the

ORSA Summary Report, in the possession of or control of the

Department of Insurance that are obtained by, created by or

disclosed to the Insurance Commissioner or any other person under

this act are recognized by this state as being proprietary and to

contain trade secrets. All such documents, materials or other

information shall be confidential by law and privileged, shall not

be subject to the Oklahoma Open Records Act, shall not be subject to

subpoena, and shall not be subject to discovery or admissible in

evidence in any private civil action. However, the Insurance

Commissioner 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 Insurance Commissioner's official duties.

The Insurance Commissioner shall not otherwise make the documents,

materials or other information public without the prior written

consent of the insurer.

B. Neither the Insurance Commissioner nor any person who

received documents, materials or other ORSA-related information,

through examination or otherwise, while acting under the authority

of the Insurance Commissioner or with whom such documents, materials

or other information are shared pursuant to this act shall be

permitted or required to testify in any private civil action

concerning any confidential documents, materials or information

subject to subsection A of this section.

C. In order to assist in the performance of the Insurance

Commissioner's regulatory duties, the Insurance Commissioner:

1. May, upon request, share documents, materials or other ORSArelated information, including the confidential and privileged

documents, materials or information subject to subsection A 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,

with the NAIC and with any third-party consultants designated by the

Insurance Commissioner, provided that the recipient agrees in

writing to maintain the confidentiality and privileged status of the

ORSA-related documents, materials or other information and has

verified in writing the legal authority to maintain confidentiality;

2. May receive documents, materials or other ORSA-related

information, including otherwise confidential and privileged

Oklahoma Statutes - Title 36. Insurance

documents, materials or information, including proprietary and

trade-secret information or documents, from regulatory officials of

other foreign or domestic jurisdictions, including members of any

supervisory college, 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 document, material or information; and

3. Shall enter into a written agreement with the NAIC or a

third-party consultant governing sharing and use of information

provided pursuant to this act, consistent with this subsection that

shall:

a.

specify procedures and protocols regarding the

confidentiality and security of information shared

with the NAIC or a third-party consultant pursuant to

this act, including procedures and protocols for

sharing by the NAIC with other state regulators from

states in which the insurance group has domiciled

insurers. The agreement shall provide that the

recipient agrees in writing to maintain the

confidentiality and privileged status of the ORSArelated documents, materials or other information and

has verified in writing the legal authority to

maintain confidentiality,

b.

specify that ownership of information shared with the

NAIC or a third-party consultant pursuant to this act

remains with the Insurance Commissioner and the NAIC's

or a third-party consultant's use of the information

is subject to the direction of the Insurance

Commissioner,

c.

prohibit the NAIC or third-party consultant from

storing the information shared pursuant to this act in

a permanent database after the underlying analysis is

completed,

d.

require prompt notice to be given to an insurer whose

confidential information in the possession of the NAIC

or a third-party consultant pursuant to this act is

subject to a request or subpoena to the NAIC or a

third-party consultant for disclosure or production,

e.

require the NAIC or a third-party consultant to

consent to intervention by an insurer in any judicial

or administrative action in which the NAIC or a thirdparty consultant may be required to disclose

confidential information about the insurer shared with

the NAIC or a third-party consultant pursuant to this

section, and

Oklahoma Statutes - Title 36. Insurance

f.

in the case of an agreement involving a third-party

consultant, provide for the insurer's written consent.

D. The sharing of information and documents by the Insurance

Commissioner pursuant to this act shall not constitute a delegation

of regulatory authority or rulemaking, and the Insurance

Commissioner is solely responsible for the administration, execution

and enforcement of the provisions of this act.

E. No waiver of any applicable privilege or claim of

confidentiality in the documents, proprietary and trade-secret

materials or other ORSA-related information shall occur as a result

of disclosure of such ORSA-related information or documents to the

Insurance Commissioner under this section or as a result of sharing

as authorized in this act.

F. Documents, materials or other information in the possession

or control of the NAIC or a third-party consultant pursuant to this

act shall be confidential by law and privileged, shall not be

subject to the Oklahoma Open Records Act, shall not be subject to

subpoena, and shall not be subject to discovery or admissible in

evidence in any private civil action.

Added by Laws 2015, c. 228, § 8, eff. Jan. 1, 2016.