§ 58-10-175. Confidentiality.
§ 58‑10‑175. Confidentiality.
(a) The statement ofactuarial opinion shall be treated as a public record.
(b) Documents,materials, or other information in the possession or control of the Departmentthat are considered an actuarial opinion summary, actuarial report, or workpapers provided in support of the opinion, and any other material provided bythe company to the Commissioner in connection with the actuarial opinionsummary, actuarial report, or work papers shall be confidential by law andprivileged, in accord with G.S. 58‑2‑240, shall not be subject toG.S. 58‑2‑100, shall not be subject to subpoena, and shall not besubject to discovery or admissible as evidence in any private civil action.
(c) Subsection (b) ofthis section shall not be construed to limit the Commissioner's authority torelease documents to the Actuarial Board for Counseling and Discipline if thedocuments are required for the purpose of professional disciplinary proceedingsand if the Actuarial Board for Counseling and Discipline establishes proceduressatisfactory to the Commissioner for preserving the confidentiality of thedocuments. In addition, this section shall not be construed to limit theCommissioner's authority to use any documents, materials, or other informationin furtherance of any regulatory or legal action brought as part of theCommissioner's official duties.
(d) Neither theCommissioner nor any person who received documents, materials, or otherinformation while acting under the authority of the Commissioner shall bepermitted or required to testify in any private civil action concerning anyconfidential documents, materials, or information subject to subsection (b) ofthis section.
(e) In order to assistin the performance of the Commissioner's duties, the Commissioner:
(1) May share documents,materials, or other information, including the confidential and privilegeddocuments, materials, or information subject to subsection (b) of this sectionwith other state, federal, and international regulatory agencies, with the NAICand its affiliates and subsidiaries, and with state, federal, and internationallaw enforcement authorities, provided that the recipient agrees to maintain theconfidentiality and privileged status of the document, material, or otherinformation and has the legal authority to maintain confidentiality.
(2) May receivedocuments, materials, or information, including otherwise confidential andprivileged documents, materials, or information, from the NAIC and itsaffiliates and subsidiaries, and from regulatory and law enforcement officialsof other foreign or domestic jurisdictions, and shall maintain as confidentialor privileged any document, material, or information received with notice orthe understanding that it is confidential or privileged under the laws of thejurisdiction that is the source of the document, material, or information.
(3) May enter intoagreements governing the sharing and use of information consistent with thissection.
(f) No waiver of anyapplicable privilege or claim of confidentiality in the documents, materials,or information shall occur as a result of disclosure to the Commissioner underthis section or as a result of sharing as authorized in subsection (e) of thissection. (2007‑127,s. 15.)