31A-27a-206. Confidentiality.
(1) Except as provided in Subsection, in a delinquency proceeding or a judicial review under Section: (1)(b) 31A-27a-201 all records of the insurer, department files, court records and papers, and other documents, so far as they pertain to or are a part of the record of the proceedings, are confidential; and a clerk of the court shall hold a paper filed with the clerk in a confidential file as permitted by law. The items listed in Subsectionare subject to Subsection: (1)(a) (1)(a) except to the extent necessary to obtain compliance with an order entered in connection with the proceeding; and unless and until: the court, after hearing argument in chambers, orders otherwise; the insurer requests that the matter be made public; or the commissioner applies for an order under Section. 31A-27a-207
(2) If the recipient agrees to maintain the confidentiality of the document, material, or other information, the commissioner or rehabilitator may share a document, materials, or other information in the possession, custody, or control of the department, pertaining to an insurer that is the subject of a delinquency proceeding under this chapter with: another state, federal, and international regulatory agency; the National Association of Insurance Commissioners and its affiliates or subsidiaries; a state, federal, and international law enforcement authority; an auditor appointed by the receivership court in accordance with Section; or 31A-27a-805 a representative of an affected guaranty association. If the domiciliary receiver believes that certain information is sensitive, the receiver may share that information subject to a continuation of the confidentiality obligations beyond the period allowed in Subsection. (3) This section does not limit the power of the commissioner to disclose information under other applicable law.
(3) A domiciliary receiver shall permit a commissioner or a guaranty association of another state to obtain a listing of policyholders and certificate holders residing in the requestor's state, including current addresses and summary policy information, if the commissioner or the guaranty association of another state agrees: to maintain the confidentiality of the record; and that the record will be used only for regulatory or guaranty association purposes. Access to a record under this Subsectionmay be limited to normal business hours. (3) If the domiciliary receiver believes that certain information described in this Subsectionis sensitive and disclosure might cause a diminution in recovery, the receiver may apply for a protective order imposing additional restrictions on access. (3)
(4) The confidentiality obligations imposed by this section shall end upon the entry of an order of liquidation against the insurer, unless: otherwise agreed to by the parties; or pursuant to an order of the receivership court. A continuation of confidentiality as provided in Subsectiondoes not apply to an insurer record necessary for a guaranty association to discharge its statutory responsibilities. (2)
(5) A waiver of an applicable privilege or claim of confidentiality does not occur as a result of a disclosure, or any sharing of documents, materials, or other information, made pursuant to this section.