§412:2-104  Confidentiality of informationpossessed by commissioner.  (a)  The commissioner and all employees,contractors, attorneys retained or employed by the State, and appointees of thedivision of financial institutions shall not divulge or furnish any informationin their possession or obtained by them in the course of their official dutiesto persons outside the division of financial institutions, except to thedirector of commerce and consumer affairs or unless otherwise permitted by thissection or any other law regulating financial institutions or financialinstitution holding companies, in which case that disclosure shall notauthorize or permit any further disclosure of that information.  Thedisclosures prohibited by this subsection shall include without limitationinformation that is:

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

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

(3)  Contained in any report submitted to or for theuse of the commissioner, except for the nonproprietary portions ofapplications;

(4)  Related to the business, personal, or financialaffairs of any person that is furnished to or for the use of the commissionerin confidence;

(5)  Related to trade secrets and commercial orfinancial information obtained from a person that is privileged orconfidential;

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

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

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

(9)  Contained in inter-agency and intra-agencycommunications, 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 preparedby the staff of the commissioner.

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

(b)  The commissioner shall furnish a copy ofeach report of examination to the financial institution or financialinstitution holding company examined.  The report and its contents shall remainthe property of the commissioner and shall not be disclosed to any person whois not an officer, director, employee, or authorized auditor, attorney, orother consultant or advisor of the financial institution or financial institutionholding company.  Any person who has received the report from the financialinstitution or financial institution holding company shall be bound by theconfidentiality provisions of this part.  The report and its contents shall notbe subject to subpoena or other legal process requiring disclosure.

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

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

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

(3)  The Office of Comptroller of the Currency, theFederal Housing Finance Board or a federal, state, or foreign bank regulatoryagency if the requesting agency agrees to use the information only forfunctions directly related to the exercise of its appropriate supervisoryauthority; and

(4)  Other agencies of the United States or a statefor use where necessary to investigate civil or criminal charges in connectionwith the affairs of any financial institution or financial institution holdingcompany under the supervision of the commissioner.

(d)  Upon the request of the financialinstitution or financial institution holding company, and pursuant to a propershowing of cause, the commissioner may furnish examination reports, or portionsthereof, and other information relating to that financial institution orfinancial institution holding company (1) in instances other than those setforth in subsection (c), or (2) to persons not enumerated in subsection (c),including to prospective acquirers of the Hawaii financial institution orfinancial institution holding company.  The decision to grant a request underthis subsection shall be in the sole discretion of the commissioner.

(e)  All reports or other information madeavailable pursuant to this section shall remain the property of thecommissioner, and no person, financial institution or financial institutionholding company, agency or authority to whom the information is made available,or any officer, director, employee or agent thereof, shall disclose any of thatinformation, except for the publishing of aggregate statistical material thatwould not disclose the identity of any person, financial institution orfinancial institution holding company.  In exchanging reports or other informationpermitted in this section, the commissioner shall require the person receivingthe report, as a condition of receipt, to comply with the confidentialityprovisions of this section.

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

(g)  Any person who violates this section shallbe guilty of a misdemeanor punishable pursuant to sections 706-663 and706‑640.  Such person shall also be subject to an administrativefine pursuant to section 412:2-609.  If such person is an employee,contractor or appointee of the State, such person shall be subject to immediatedismissal 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 chapter92F.