CHAPTER 7. CONFIDENTIAL RECORDS

IC 27-15-7
    Chapter 7. Confidential Records

IC 27-15-7-1
Applicability of chapter
    Sec. 1. Except as otherwise specifically provided in this chapter,IC 5-14 applies to all filings made under this article.
As added by P.L.94-1999, SEC.3.

IC 27-15-7-2
Purpose; effect of confidentiality
    Sec. 2. Filings, information, and documents made with orprovided to the commissioner under this article may includeinformation that might be damaging to a converting mutual or itsaffiliates if made available to competitors. Subject to section 3 of thischapter, all documents containing trade secrets of a convertingmutual or its affiliates and marked "confidential" by the convertingmutual:
        (1) are declared confidential for purposes of IC 5-14-3-4;
        (2) are not subject to inspection and copying by the publicunder IC 5-14-3-3;
        (3) may be disclosed by the commissioner to the department ofinsurance of another state if that department of insurance agreesto keep the information confidential; and
        (4) may not be disclosed by the commissioner to any personother than a department of insurance under subdivision (3)without the written consent of the converting mutual.
As added by P.L.94-1999, SEC.3.

IC 27-15-7-3
Disclosure of confidential information
    Sec. 3. (a) Subject to subsection (c), the commissioner maydisclose to any person all or part of any document marked"confidential" in the commissioner's possession as the result of beingfiled under this article if the following conditions are met:
        (1) The commissioner must give written notice of the proposeddisclosure to the converting mutual and any other personrequesting disclosure.
        (2) The converting mutual must be given an opportunity inprivate to respond to the proposed disclosure.
        (3) The commissioner must give consideration to any legitimateinterest in preserving trade secrets.
        (4) The commissioner must determine that the eligible membersor other policyholders have a compelling interest which wouldbe served by disclosure.
        (5) At least five (5) business days have elapsed from theconverting mutual's receipt of written notice.
    (b) The commissioner may disclose information under subsection(a) in a manner and subject to limitations as the commissionerconsiders appropriate.    (c) If:
        (1) not more than six (6) business days have elapsed since theconverting mutual received notice of a proposed disclosure; and
        (2) the converting mutual has notified the commissioner that itor another interested party has filed an action seeking aprotective order from a circuit or superior court to prevent or tolimit disclosure;
the commissioner may not disclose the documents or copies ofdocuments during the pendency of the action and any appeal or afterany final court decision prohibiting disclosure.
As added by P.L.94-1999, SEC.3.