§412:2-104  Confidentiality of information
possessed by commissioner.  (a)  The commissioner and all employees,
contractors, attorneys retained 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 of financial institutions, except to the
director of commerce and consumer affairs or unless otherwise permitted by this
section or any other law regulating financial institutions or financial
institution holding companies, in which case that disclosure shall not
authorize or permit any further disclosure of that information.  The
disclosures prohibited by this subsection 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 submitted to or for the
use of the commissioner, except for the nonproprietary portions of
applications;



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



(5)  Related to trade secrets and commercial or
financial information obtained from a person that is privileged or
confidential;



(6)  Obtained pursuant to any lawful investigation for
the purpose of enforcing the laws regulating financial institutions and
financial institution holding companies in an action or proceeding under parts
III, IV, V, and VI of this article;



(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 but not limited to memoranda, reports, and other documents prepared
by the staff of the commissioner.



Any information identified in paragraphs (1) through
(9) is confidential and shall not be subject to subpoena or other legal
process.



(b)  The commissioner shall furnish a copy of
each report of examination to the financial institution or financial
institution holding company 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, or authorized auditor, attorney, or
other consultant or advisor of the financial institution or financial institution
holding company.  Any person who has received the report from the financial
institution or financial institution holding company shall be bound by the
confidentiality provisions of this part.  The report and its contents shall not
be subject to subpoena or other legal process requiring disclosure.



(c)  The commissioner may furnish reports of
examination and other information relating to the examination of a financial
institution or financial institution holding company to:



(1)  The governor, attorney general and the heads of
other state governmental agencies having regulatory authority over the
financial institution or financial institution holding company;



(2)  The appropriate federal regulatory agencies of
the financial institution or financial institution holding company;



(3)  The Office of Comptroller of the Currency, the
Federal Housing Finance Board or a federal, state, or foreign bank regulatory
agency if the requesting agency agrees to use the information only for
functions directly related to the exercise of its appropriate supervisory
authority; and



(4)  Other agencies of the United States or a state
for use where necessary to investigate civil or criminal charges in connection
with the affairs of any financial institution or financial institution holding
company under the supervision of the commissioner.



(d)  Upon the request of the financial
institution or financial institution holding company, and pursuant to a proper
showing of cause, the commissioner may furnish examination reports, or portions
thereof, and other information relating to that financial institution or
financial institution holding company (1) in instances other than those set
forth in subsection (c), or (2) to persons not enumerated in subsection (c),
including to prospective acquirers of the Hawaii financial institution or
financial institution holding company.  The decision to grant a request under
this subsection shall be in the sole discretion of the commissioner.



(e)  All reports or other information made
available pursuant to this section shall remain the property of the
commissioner, and no person, financial institution or financial institution
holding company, agency or authority to whom the information is made available,
or any officer, director, employee or agent thereof, shall disclose any of that
information, except for the publishing of aggregate statistical material that
would not disclose the identity of any person, financial institution or
financial institution holding company.  In exchanging reports or other information
permitted in this section, the commissioner shall require the person receiving
the report, as a condition of receipt, to comply with the confidentiality
provisions of this section.



(f)  The commissioner may provide information
regarding trends and issues affecting financial institutions and may make
available to the public a combined statement of the condition of Hawaii financial institutions in such form as the commissioner may see fit, using
information derived from reports furnished to the commissioner by the Hawaii financial institutions.  The commissioner may also disclose statistical data
regarding the number of consumer complaints filed against an institution, the
general nature of the complaint and the resolution of the complaint.



(g)  Any person who violates this section shall
be guilty of a misdemeanor punishable pursuant to sections 706-663 and
706‑640.  Such person shall also be subject to an administrative
fine pursuant to section 412:2-609.  If such person is an employee,
contractor or appointee of the State, such person shall be subject to immediate
dismissal or termination proceedings without violating such person's contract,
if any. [L 1993, c 350, pt of §1; am L 2006, c 228, §5]



 



Cross References



 



  Required reports privileged by statute, see §626-1, rule 502.



  Uniform Information Practices Act (Modified), see chapter
92F.