§ 7-11-703 Public information –Confidentiality. – (a) Except as provided in subsection (b), information and documents filed withor obtained by the director are public information and are available for publicexamination under the open records law of the state.
(b) The following information and documents do not constitutepublic information under subsection (a):
(1) Information or documents obtained by the director inconnection with an investigation under § 7-11-601; and
(2) Information or documents filed with the director inconnection with a registration statement under part III or a report under§ 7-11-209, which constitute trade secrets or commercial or financialinformation of a person for which that person is entitled to and has asserted aclaim of confidentiality or privilege authorized by law.
(c) The director may disclose:
(1) Information obtained in connection with an investigationunder § 7-11-601(a) to the extent provided in § 7-11-601(b) subjectto the restrictions of subsection (b) (2) of this section; and
(2) Information obtained in connection with an investigationunder § 7-11-601(a), if disclosure is for the purpose of a civil,administrative, or criminal investigation or proceeding by a securities agency,law enforcement agency, or administrator specified in § 7-11-704(a), andthe receiving agency or administrator represents, in writing, that under theapplicable law protections exist to preserve the integrity, confidentiality,and security of the information.
(d) This chapter does not create any privilege or derogateany privilege existing at common law, by statute, rule, or otherwise.
§ 7-11-703 Public information –Confidentiality. – (a) Except as provided in subsection (b), information and documents filed withor obtained by the director are public information and are available for publicexamination under the open records law of the state.
(b) The following information and documents do not constitutepublic information under subsection (a):
(1) Information or documents obtained by the director inconnection with an investigation under § 7-11-601; and
(2) Information or documents filed with the director inconnection with a registration statement under part III or a report under§ 7-11-209, which constitute trade secrets or commercial or financialinformation of a person for which that person is entitled to and has asserted aclaim of confidentiality or privilege authorized by law.
(c) The director may disclose:
(1) Information obtained in connection with an investigationunder § 7-11-601(a) to the extent provided in § 7-11-601(b) subjectto the restrictions of subsection (b) (2) of this section; and
(2) Information obtained in connection with an investigationunder § 7-11-601(a), if disclosure is for the purpose of a civil,administrative, or criminal investigation or proceeding by a securities agency,law enforcement agency, or administrator specified in § 7-11-704(a), andthe receiving agency or administrator represents, in writing, that under theapplicable law protections exist to preserve the integrity, confidentiality,and security of the information.
(d) This chapter does not create any privilege or derogateany privilege existing at common law, by statute, rule, or otherwise.
§ 7-11-703 Public information –Confidentiality. – (a) Except as provided in subsection (b), information and documents filed withor obtained by the director are public information and are available for publicexamination under the open records law of the state.
(b) The following information and documents do not constitutepublic information under subsection (a):
(1) Information or documents obtained by the director inconnection with an investigation under § 7-11-601; and
(2) Information or documents filed with the director inconnection with a registration statement under part III or a report under§ 7-11-209, which constitute trade secrets or commercial or financialinformation of a person for which that person is entitled to and has asserted aclaim of confidentiality or privilege authorized by law.
(c) The director may disclose:
(1) Information obtained in connection with an investigationunder § 7-11-601(a) to the extent provided in § 7-11-601(b) subjectto the restrictions of subsection (b) (2) of this section; and
(2) Information obtained in connection with an investigationunder § 7-11-601(a), if disclosure is for the purpose of a civil,administrative, or criminal investigation or proceeding by a securities agency,law enforcement agency, or administrator specified in § 7-11-704(a), andthe receiving agency or administrator represents, in writing, that under theapplicable law protections exist to preserve the integrity, confidentiality,and security of the information.
(d) This chapter does not create any privilege or derogateany privilege existing at common law, by statute, rule, or otherwise.
