§489D-19  Confidentiality of records. 
(a)  The commissioner and all employees, contractors, attorneys contracted or
employed by the State, and appointees of the division of financial institutions
shall not divulge or furnish any information in their possession or obtained by
them in the course of their official duties to persons outside the division,
except to the director of commerce and consumer affairs, or unless otherwise
permitted by this section or any other law regulating licensees or authorized delegates, in which case the disclosure shall not
authorize or permit any further disclosure of the information.  The disclosures
prohibited by this section shall include, without limitation, information that
is:



(1)  Privileged or exempt from disclosure under any
federal or state law;



(2)  Related to an examination performed by or on
behalf of the commissioner or contained in any report of examination;



(3)  Contained in any report or application submitted
to, or for the use of the commissioner, except for the nonproprietary portions
of reports and applications, as determined by the commissioner pursuant to
rule;



(4)  Related to the business, personal, or financial
affairs of any person and is furnished to, or for the use of, the commissioner
in confidence;



(5)  Privileged or confidential and related to trade
secrets and commercial or financial information obtained from a person;



(6)  Obtained pursuant to any lawful investigation for
the purpose of enforcing the laws regulating licensees or authorized delegates;



(7)  Related solely to the internal personnel rules or
other internal practices of the commissioner;



(8)  Contained in personnel, medical, and similar
files, including financial files, the disclosure of which would constitute a
clearly unwarranted invasion of personal privacy; or



(9)  Contained in inter-agency and intra-agency
communications, whether or not contained in written memoranda, letters, tapes,
or records, that would not be routinely available by law to a private party,
including memoranda, reports, and other documents prepared by the staff of the
commissioner.



(b)  Any information identified in subsection
(a) is confidential and not subject to subpoena or other legal process.



(c)  The commissioner shall furnish a copy of
each report of examination to the licensee and to any authorized delegate
examined.  The report and its contents shall remain the property of the
commissioner and shall not be disclosed to any person who is not an officer,
director, employee, authorized auditor, attorney, other consultant, or advisor
of the licensee or authorized delegate.  Any person who has received the report
from the licensee or authorized delegate shall be bound by the confidentiality
provisions of this section.  The report and its contents shall not be subject
to subpoena or other legal process requiring disclosure.



(d)  The commissioner may furnish reports of
examination and other information relating to the examination of a licensee or
authorized delegate to:



(1)  The governor, the attorney general, and heads of
other state governmental agencies with regulatory authority over the licensee
or authorized delegate;



(2)  Federal, state, or foreign regulatory agencies if
the requesting agency agrees to use the information only for functions directly
related to the exercise of its appropriate supervisory authority; and



(3)  Other
agencies of the United States or a state for use where necessary to investigate
regulatory, civil, or criminal charges in connection with the affairs of any
licensee or authorized delegate under the supervision of the commissioner. [L
2006, c 153, pt of §1; am L 2008, c 195, §12]



 



Note



 



  Subsection reproduced to correct printing error in main
volume.