Legislation
SECTION 110
Cooperation with other regulatory agencies
Insurance (ISC) CHAPTER 28, ARTICLE 1
§ 110. Cooperation with other regulatory agencies. (a) In order to
assist in the performance of the superintendent's duties under this
chapter, the superintendent:
(1) may share documents, materials or other information, including
confidential, privileged, and trade secret documents, materials or
information with other local, state, federal, and international
regulatory agencies, with the New York Liquidation Bureau, with the
National Association of Insurance Commissioners, its affiliates or
subsidiaries, with any third-party consultant designated by the
superintendent, with local, state, federal, and international law
enforcement authorities, including members of any supervisory college
described in section three hundred two of this chapter, provided that
the recipient has the authority and agrees 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; provided, however, that this paragraph shall not be
construed as limiting access to records pursuant to article six of the
public officers law, except as provided in paragraph three of subsection
(b) of this section;
(2) may receive documents, materials or information, including
otherwise confidential, privileged, and trade secret documents,
materials or information, from the New York Liquidation Bureau, from the
National Association of Insurance Commissioners, its affiliates or
subsidiaries, from regulatory and law enforcement officials of other
foreign or domestic jurisdictions, including members of any supervisory
college described in section three hundred two of this chapter, and from
any other entity designated by the superintendent in a regulation, 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
(3) may enter into agreements governing sharing and use of documents,
materials or information consistent with this subsection.
(b) (1) No waiver of any applicable privilege or claim of
confidentiality in the documents, materials, or information shall occur
as a result of disclosure to the superintendent under this section or as
a result of sharing as authorized in this section.
(2) The sharing of documents, materials, or information by the
superintendent pursuant to this section shall not constitute a
delegation of regulatory authority or rulemaking, and the superintendent
is solely responsible for the administration, execution, and enforcement
of the provisions of this section.
(3) Documents, materials, or other information in the possession or
control of the National Association of Insurance Commissioners or
third-party consultants pursuant to this section shall be confidential
by law and privileged, shall not be subject to article six of the public
officers law, shall not be subject to subpoena, and shall not be subject
to discovery or admissible in evidence in any private civil action.
assist in the performance of the superintendent's duties under this
chapter, the superintendent:
(1) may share documents, materials or other information, including
confidential, privileged, and trade secret documents, materials or
information with other local, state, federal, and international
regulatory agencies, with the New York Liquidation Bureau, with the
National Association of Insurance Commissioners, its affiliates or
subsidiaries, with any third-party consultant designated by the
superintendent, with local, state, federal, and international law
enforcement authorities, including members of any supervisory college
described in section three hundred two of this chapter, provided that
the recipient has the authority and agrees 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; provided, however, that this paragraph shall not be
construed as limiting access to records pursuant to article six of the
public officers law, except as provided in paragraph three of subsection
(b) of this section;
(2) may receive documents, materials or information, including
otherwise confidential, privileged, and trade secret documents,
materials or information, from the New York Liquidation Bureau, from the
National Association of Insurance Commissioners, its affiliates or
subsidiaries, from regulatory and law enforcement officials of other
foreign or domestic jurisdictions, including members of any supervisory
college described in section three hundred two of this chapter, and from
any other entity designated by the superintendent in a regulation, 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
(3) may enter into agreements governing sharing and use of documents,
materials or information consistent with this subsection.
(b) (1) No waiver of any applicable privilege or claim of
confidentiality in the documents, materials, or information shall occur
as a result of disclosure to the superintendent under this section or as
a result of sharing as authorized in this section.
(2) The sharing of documents, materials, or information by the
superintendent pursuant to this section shall not constitute a
delegation of regulatory authority or rulemaking, and the superintendent
is solely responsible for the administration, execution, and enforcement
of the provisions of this section.
(3) Documents, materials, or other information in the possession or
control of the National Association of Insurance Commissioners or
third-party consultants pursuant to this section shall be confidential
by law and privileged, shall not be subject to article six of the public
officers law, shall not be subject to subpoena, and shall not be subject
to discovery or admissible in evidence in any private civil action.