§431:2-209  Records and reports.  (a) 
The commissioner shall preserve in permanent form records and reports of the
commissioner's proceedings, hearings, investigations, and examinations, and
shall file the records in the commissioner's office.



(b)  The records of the commissioner and
insurance filings in the commissioner's office shall be open to public
inspection, except as otherwise provided in this code.



(c)  One year after conclusion of the
transactions to which they relate, the commissioner may destroy any
correspondence, void or obsolete filings relating to rates, certificate of
authority applications, self-insurance applications, registrations, foreign or
alien insurers' annual statements, valuation reports, certificates of
compliance and deposits, cards, and expired bonds.  Three years after the
conclusion of the transactions to which they relate, the commissioner may
destroy any claim files, working papers of examinations, reports of examination
by insurance supervisory officials of other states, void or obsolete filings
relating to license applications, records of hearings and investigations, and
any similar records, documents, or memoranda now or hereafter in the
commissioner's possession.



(d)  Three years after the year to which they
relate, the commissioner may destroy any foreign or alien insurer's tax
reports, or similar records or reports now or hereafter in the commissioner's
possession.



(e)  The following records and reports on file
with the commissioner shall be confidential and protected from discovery,
production, and disclosure for so long as the commissioner deems prudent:



(1)  Complaints and investigation reports;



(2)  Working papers of examinations, complaints, and
investigation reports;



(3)  Proprietary information, including trade secrets,
commercial information, and business plans, which, if disclosed may result in
competitive harm to the person providing the information; and



(4)  Any documents or information received from the
National Association of Insurance Commissioners, the federal government,
insurance regulatory agencies of foreign countries, or insurance departments of
other states, territories, and commonwealths that are confidential in other
jurisdictions.  The commissioner may share information, including otherwise confidential
information, with the National Association of Insurance Commissioners, the
federal government, insurance regulatory agencies of foreign countries, or
insurance departments of other states, territories, and commonwealths so long
as the statutes or regulations of the other jurisdictions permit them to
maintain the same level of confidentiality as required under Hawaii law.



(f)  The commissioner shall:



(1)  Treat and maintain an applicant's fingerprints
and any criminal history record information obtained under this code as
confidential;



(2)  Apply security measures consistent with the
Federal Bureau of Investigation Criminal Justice Information Services
Division's standards for the electronic storage of fingerprints and necessary
identifying information; and



(3)  Limit the use of the records solely to purposes
authorized by law.



Fingerprints and criminal history record information
shall not be subject to subpoena, other than subpoenas issued in criminal
actions or investigations, and shall be confidential by law and privileged and
not subject to discovery or admissible in evidence in any private civil action.



(g)  The commissioner shall not disclose any
information that is exempt from disclosure by federal or Hawaii statutes. [L
1987, c 347, pt of §2; am L 1989, c 195, §10; am L 1991, c 248, §1; am L 1993,
c 205, §2; am L 1995, c 232, §7; am L 2000, c 182, §4; am L 2004, c 122, §5; am
L 2007, c 233, §26; am L 2009, c 77, §14]



 



Cross References



 



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