Oklahoma § 36-6831 - Applicability of confidentiality privilege - Disclosure

§ 36-6831. Applicability of confidentiality privilege - Disclosure

A. The privilege set forth in Section 1 of this act does not

apply:

1. To the extent that it is expressly waived by the company

that prepared or caused to be prepared the insurance compliance

self-evaluative audit document;

2. If the company that prepared or caused to be prepared the

insurance compliance self-evaluative audit document provides the

audit or any audit documents to any witness for the purpose of

testimonial use in the matter in which the privilege is being

asserted; or

3. If the insurance compliance self-evaluative audit document

shows evidence of noncompliance with applicable state or federal

laws, rules, regulations or orders and appropriate efforts to

achieve compliance with such laws, rules, regulations or orders were

not initiated within a reasonable time and pursued with reasonable

diligence upon discovery of noncompliance.

B. In a civil or administrative proceeding, a court of record

may, after an in camera review, require disclosure of material for

which the privilege set forth in Section 1 of this act is asserted,

if the court determines one of the following:

1. The privilege is intentionally asserted in bad faith or for

a fraudulent or any other similar improper purpose; or

2. The material is not subject to the privilege.

Oklahoma Statutes - Title 36. Insurance

If the court requires disclosure because of paragraph 1 of this

subsection, the court may impose sanctions as for any other

violation of the rules of discovery.

C. In a criminal proceeding, a court of record may, after an in

camera review, require disclosure of material for which the

privilege described in Section 1 of this act is asserted, if the

court determines one of the following:

1. The privilege is asserted in bad faith or for a fraudulent

or any other similar improper purpose;

2. The material is not subject to the privilege; or

3. The material contains evidence relevant to commission of a

criminal offense, and all three of the following factors are

present:

a.

the Insurance Commissioner, district attorney, or

Attorney General has a compelling need for the

information,

b.

the information is not otherwise available, and

c.

the Insurance Commissioner, district attorney, or

Attorney General is unable to obtain the substantial

equivalent of the information by any other means

without incurring unreasonable cost and delay.

Added by Laws 2012, c. 257, § 2, eff. Nov. 1, 2012.