375.1415.  Confidentiality of documents, materials, or other information — sharing restrictions. — 1.  Any documents, materials, or other information in the control or possession of the department that are furnished by a licensee or an employee or agent thereof acting on behalf of a licensee under subsection 9 of section 375.1405 or subsection 2 of section 375.1410 or that is obtained by the director in an investigation or examination under section 375.1412 shall be confidential by law and privileged, shall not be subject to disclosure under chapter 610, shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action.  However, the director 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 director's duties.

  2.  Neither the director nor any person or entity who received documents, materials, or other information while acting under the authority of the director shall be permitted or required to testify in any private civil action concerning any confidential documents, materials, or information subject to subsection 1 of this section.

  3.  Consistent with the insurance data security act's goal of safeguarding consumer nonpublic information, the director or any person or entity who receives documents, materials, or other information while acting under the authority of the director under sections 375.1400 to 375.1427 may share such documents, materials, or other information with another state or federal governmental agency or officer or the National Association of Insurance Commissioners; provided that the recipient agrees in writing to maintain the confidentiality of such documents, materials, or other information, and has verified in writing the legal authority to maintain such confidentiality.  Except as permitted in this subsection, neither the director nor any person or entity who receives documents, materials, or other information under sections 375.1400 to 375.1427 shall be permitted to:

  (1)  Share or otherwise release the documents, materials, or other information to a third party;

  (2)  Share or otherwise release the documents, materials, or other information for commercial use; or

  (3)  Sell cyber event or nonpublic information of any person or entity.

  4.  In order to assist in the performance of the director's duties under sections 375.1400 to 375.1427, the director:

  (1)  May receive documents, materials, or information, including otherwise confidential and privileged documents, materials, or information, from the National Association of Insurance Commissioners, its affiliates, or subsidiaries and from regulatory and law enforcement officials of other foreign or domestic jurisdictions and shall maintain as confidential or privileged any document, material, 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

  (2)  May enter into agreements governing sharing and use of information consistent with this subsection.

  5.  No waiver of any applicable privilege or claim of confidentiality in the documents, materials, or information shall occur as a result of disclosure to the director under this section or as a result of sharing as authorized in subsection 3 of this section.

  6.  Nothing in sections 375.1400 to 375.1427 shall prohibit the director from releasing final adjudicated actions that are open to public inspection under chapter 610 to a database or other clearinghouse service maintained by the National Association of Insurance Commissioners, its affiliates, or subsidiaries.