Section 21.23.290 - [Effective 1/1/2025] Confidentiality(a) Any document, material, or information in the possession or control of the division that is provided by a licensee or an employee or agent acting on behalf of a licensee under AS 21.23.260(f) or 21.23.280(b)(2) - (5), (8), (10), or (11) or that is obtained by the director in an investigation or examination under AS 21.23.310(1) is confidential and privileged;(2) is not subject to inspection and copying under AS 40.25.110-40.25.220;(3)[See Note]
may not be obtained by subpoena or discovery; and(4)[See Note]
is not admissible in evidence in a private civil action.(b) The director may use a document, material, or information described in (a) of this section in a regulatory or legal proceeding brought in the performance of the duties of the director under this title.(c)[See Note]
The director or an individual acting under the authority of the director who receives a document, material, or information described in (a) of this section may not testify about the document, material, or information in a private civil action.(d) In the performance of duties under AS 21.23.240 - 21.23.399, the director (1) may disclose a document, material, or information, including a document, material, or information that is confidential and privileged or subject to (a) of this section, to state, federal, and international regulatory or law enforcement agencies, or to the National Association of Insurance Commissioners and its affiliates or subsidiaries, if the recipient agrees in writing to maintain the confidentiality and privileged status of the document, material, or information;(2) may receive a document, material, or information, including a document, material, or information that is confidential and privileged, from the National Association of Insurance Commissioners and its affiliates or subsidiaries, and from state, federal, and international regulatory or law enforcement agencies; the director shall maintain as confidential or privileged the document, material, or information if the entity that provided the director with the document, material, or information requests the director to do so or gives notice to the director that the document, material, or information is confidential or privileged under the law of the jurisdiction supplying it;(3) may disclose a document, material, or information that is subject to (a) of this section with a third-party service provider if the third-party service provider agrees in writing to maintain the confidentiality and privileged status of the document, material, or information; and(4) may enter into agreements consistent with this section governing the sharing and use of a document, material, or information that is confidential or privileged or subject to (a) of this section.(e) A person does not waive a claim of privilege or confidentiality that the person possesses by providing a document, material, or information to the director under AS 21.23.240 - 21.23.399 or by the disclosure, receipt, or sharing of a document, material, or information under (d) of this section.Added by SLA 2024, ch. 39,sec. 1, eff. 1/1/2025.SLA 2024, ch. 39,sec. 7 provides that AS 21.23.290(a)(3) and (4) and (c), enacted by sec. 1 of this Act, take effect only if sec. 4 of this Act receives the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska.