Section 379.1415

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 379

Effective - 28 Aug 2007   

  379.1415.  Confidentiality of records, exceptions. — Information filed with the director is confidential and may not be disclosed without the prior written consent of the SPLRC, except:

  (1)  Information is discoverable in civil litigation provided:

  (a)  The SPLRC is found by the court to be a necessary party;

  (b)  The party seeking the information demonstrates by a clear and convincing standard that the information sought is relevant and necessary; and

  (c)  Where it is unavailable from other nonconfidential sources;

  (2)  The director may disclose the information to insurance regulators if:

  (a)  The regulator agrees in writing to maintain the confidentiality of the information; and

  (b)  The laws of the state in which the regulator serves preserve confidentiality of the information;

  (3)  In addition, the director may also disclose information to the Securities Exchange Commission if:

  (a)  The SEC agrees in writing to maintain the confidentiality of the information; and

  (b)  The SEC is authorized under securities law to request the information or the director is obligated to disclose the information.

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(L. 2007 S.B. 215)