§ 31A-36-115. Confidentiality.

(1) The following shall be classified as protected records under Title 63G, Chapter 2, Government Records Access and Management Act:

(a) a document or information furnished pursuant to Section 31A-36-114; and

(b) a document or information obtained by the commissioner in an investigation of a violation of Section 31A-36-113.

(2) Subsection (1) does not prohibit the commissioner from disclosing documents or evidence so furnished or obtained:

(a) in an administrative or judicial proceeding to enforce laws administered by the commissioner;

(b) to federal, state, or local law enforcement or regulatory agencies;

(c) to an organization established to detect and prevent fraudulent life settlement acts;

(d) to the National Association of Insurance Commissioners; or

(e) to a person engaged in the business of life settlements that is aggrieved by the violation.

(3) Disclosure of a document or evidence under Subsection (2) does not abrogate or modify the privilege granted in Subsection (1).

Amended by Chapter 355, 2009 General Session