(1) Documents, materials, or other information in the possession or control of the division that are obtained by or disclosed to the commissioner or any other person in the course of an examination or investigation made pursuant to section 10-3806 and all information reported pursuant to section 10-3-803 (2)(l) and (2)(m), 10-3-804, or 103-805 are confidential by law and privileged, are not subject to the "Colorado Open Records Act", part 2 of article 72 of title 24, C.R.S., are not subject to subpoena, and are not subject to discovery or admissible in evidence in any private civil action. However, the commissioner is authorized to use the documents, materials, or other information in the furtherance of any regulatory or legal action brought as a part of the commissioner's official duties. The commissioner shall not otherwise make the documents, materials, or other information public without the prior written consent of the insurer to which they pertain unless the commissioner, after giving the insurer and its affiliates who would be affected notice and opportunity to be heard, determines that the interest of policyholders, shareholders, or the public will be served by the publication, in which event the commissioner may publish all or any part in such manner as the commissioner deems appropriate.
Neither the commissioner nor any person who received documents, materials, orother information while acting under the authority of the commissioner or with whom the documents, materials, or other information are shared pursuant to this part 8 shall be permitted or required to testify in any private civil action concerning any confidential documents, materials, or information subject to subsection (1) of this section.
In order to assist in the performance of the commissioner's duties, the commissioner:
May share documents, materials, or other information, including the confidential andprivileged documents, materials, or information subject to subsection (1) of this section, with other state, federal, and international regulatory agencies, with the NAIC and its affiliates and subsidiaries, and with state, federal, and international law enforcement authorities, including members of any supervisory college described in section 10-3-807, if the recipient agrees in writing to maintain the confidentiality and privileged status of the document, material, or other information and has verified in writing the legal authority to maintain confidentiality;
Notwithstanding paragraph (a) of this subsection (3), shall share confidential andprivileged documents, material, or information reported pursuant to section 10-3-804 (12) only with commissioners of states having statutes or regulations substantially similar to subsection (1) of this section and who have agreed in writing not to disclose such information;
May receive documents, materials, or information, including otherwise confidentialand privileged documents, materials, or information from the NAIC and its affiliates and subsidiaries and from regulatory and law enforcement officials of other foreign or domestic jurisdictions, and shall maintain as confidential or privileged any document, material, or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or information; and
Shall enter into written agreements with the NAIC governing the sharing and use ofinformation provided pursuant to this part 8 consistent with this subsection (3) that must:
Specify procedures and protocols regarding the confidentiality and security of information shared with the NAIC and its affiliates and subsidiaries pursuant to this part 8, including procedures and protocols for sharing by the NAIC with other state, federal, or international regulators;
Specify that ownership of information shared with the NAIC and its affiliates andsubsidiaries pursuant to this part 8 remains with the commissioner and that the NAIC's use of the information is subject to the direction of the commissioner;
Require prompt notice to be given to an insurer whose confidential information inthe possession of the NAIC pursuant to this part 8 is subject to a request or subpoena to the NAIC for disclosure or production; and
Require the NAIC and its affiliates and subsidiaries to consent to intervention by aninsurer in any judicial or administrative action in which the NAIC and its affiliates and subsidiaries may be required to disclose confidential information about the insurer shared with the NAIC and its affiliates and subsidiaries pursuant to this part 8.
The sharing of information by the commissioner pursuant to this part 8 does notconstitute a delegation of regulatory authority or rule-making, and the commissioner is solely responsible for the administration, execution, and enforcement of this part 8.
No waiver of any applicable privilege or claim of confidentiality in the documents,materials, or information occurs as a result of disclosure to the commissioner under this section or as a result of sharing as authorized in subsection (3) of this section.
Documents, materials, or other information in the possession or control of the NAICpursuant to this part 8 are confidential by law and privileged, are not subject to the "Colorado Open Records Act", part 2 of article 72 of title 24, C.R.S., are not subject to subpoena, and are not subject to discovery or admissible in evidence in any private civil action.
Source: L. 2014: Entire part R&RE, (SB 14-152), ch. 312, p. 1348, § 2, effective July 1.
Editor's note: Subsection (1) is similar to former § 10-3-807 as it existed prior to 2014.