(a) The following records of the State Bank Department shall be confidential and shall not be subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., except as stated in this section or according to department rules:(1) An examination report filed with the department;(2) A record disclosing information obtained from an examination;(3) Investigations and reports revealing facts concerning a state trust company or the customers of the organization; and(4) Any personal financial statements submitted to the department.
(1) An examination report filed with the department;
(2) A record disclosing information obtained from an examination;
(3) Investigations and reports revealing facts concerning a state trust company or the customers of the organization; and
(4) Any personal financial statements submitted to the department.
(b) Notwithstanding any provision of this section to the contrary, records deemed confidential according to this section, in the Bank Commissioner's discretion, may be disclosed as follows:(1) Under a validly issued subpoena and, in the interest of justice, the commissioner may waive the privilege created under this section and produce examination reports and other related documents under the provisions of a protective order entered by a court or administrative tribunal of competent jurisdiction when the order is designed to protect the confidential nature of the information that is disclosed from public dissemination;(2) An official order of the department may be disclosed within the discretion of the commissioner if the commissioner makes a determination that the disclosure would not give advantage to a competitor or adversely affect the safety and soundness of the state trust company; and(3) To federal financial institutions' regulatory agencies and financial institutions' regulatory agencies of other states.
(1) Under a validly issued subpoena and, in the interest of justice, the commissioner may waive the privilege created under this section and produce examination reports and other related documents under the provisions of a protective order entered by a court or administrative tribunal of competent jurisdiction when the order is designed to protect the confidential nature of the information that is disclosed from public dissemination;
(2) An official order of the department may be disclosed within the discretion of the commissioner if the commissioner makes a determination that the disclosure would not give advantage to a competitor or adversely affect the safety and soundness of the state trust company; and
(3) To federal financial institutions' regulatory agencies and financial institutions' regulatory agencies of other states.
(c) The commissioner may promulgate rules about disclosure of confidential information.