§ 10-5A-24 - Commissioner of Securities; employees; compensation and expenses; assistant commissioner; prohibited use of information; confidential information
               	 		
O.C.G.A.    10-5A-24   (2010)
    10-5A-24.    Commissioner of Securities; employees; compensation and  expenses; assistant commissioner; prohibited use of information;  confidential information 
      (a)  This chapter shall be administered by the office of the Secretary of State who is designated Commissioner of Securities.
(b)  The  Commissioner shall have authority to employ examiners, clerks,  stenographers, and other employees as the administration of that portion  of this chapter vested in him may require. The Commissioner shall also  have authority to appoint and employ investigators who shall have, in  any case that there is reason to believe a violation of this chapter has  occurred or is about to occur, the right and power to serve subpoenas  and to swear out and execute search warrants and arrest warrants.
(c)  The  Commissioner and any persons employed by him shall be paid, in addition  to their regular compensation, the transportation, board, lodging, and  other travel expenses necessary and actually incurred by each of them in  the performance of their duties under this chapter.
(d)  The  Commissioner shall appoint, with the approval of the Governor, a person  as assistant commissioner and delegate such of his powers and duties  under this chapter to such assistant commissioner as he desires.
(e)  Neither  the Commissioner nor any employees of the Commissioner shall use any  information which is filed with or obtained by the Commissioner which is  not public information for personal gain or benefit, nor shall the  Commissioner or any employees of the Commissioner conduct any securities  or commodity dealings whatsoever based upon any such information, even  though public, if there has not been a sufficient period of time for the  securities or commodity markets to assimilate such information.
(f)  (1)  Except as provided in paragraph (2) of this subsection, all  information collected, assembled, or maintained by the Commissioner is  public information and is available for examination by the public.
      (2)  The following are exceptions to paragraph (1) of this subsection and are deemed to be confidential:
            (A)  Information obtained in private investigations pursuant to Code Section 10-5A-20;
            (B)  Information designated as confidential by any rule, regulation, or order of the Commissioner; and
            (C)  Information obtained from federal agencies which may not be disclosed under federal law.
      (3)  The  Commissioner in his discretion may disclose any information made  confidential under subparagraph (A) of paragraph (2) of this subsection  to persons identified in subsection (a) of Code Section 10-5A-25.
      (4)  No  provision of this chapter either creates or derogates any privilege  which exists at common law, by statute, or otherwise when any  documentary or other evidence is sought under a subpoena directed to the  Commissioner or any employee of the Commissioner.