Okla. Stat. tit. 36, § 36-677

Oklahoma Statutes - Title 36. Insurance Page 187

A. Any documents, materials, or other information in the

control or possession of the Insurance Department that are furnished

by a licensee or an employee or agent thereof acting on behalf of a

licensee pursuant to the provisions of Section 4 and Section 6 of

this act or that are obtained by the Insurance Commissioner in an

investigation or examination pursuant to Section 7 of this act shall

be confidential by law and privileged, shall not be subject to the

Oklahoma Open Records Act, shall not be subject to subpoena, and

shall not be subject to discovery or admissible in evidence in any

private civil action. However, the Commissioner is authorized to

use the documents, materials, or other information in the

furtherance of any regulatory or legal action brought as a part of

the Commissioner’s duties. The Commissioner shall not otherwise

make the documents, materials, or other information public without

the prior written consent of the licensee.

B. Neither the Commissioner nor any person who received

documents, materials, or other information while acting under the

authority of the Commissioner shall be permitted or required to

testify in any private civil action concerning any confidential

documents, materials, or information subject to subsection A of this

section.

C. In order to assist in the performance of the duties of the

Commissioner under this act, the Commissioner:

1. May share documents, materials, or other information

including the confidential and privileged documents, materials, or

information subject to subsection A of this section, with other

state, federal, and international regulatory agencies, with the

National Association of Insurance Commissioners and its affiliates

or subsidiaries and with state, federal, and international law

enforcement authorities; provided, that the recipient agrees in

writing to maintain the confidentiality and privileged status of the

document, material, or other information;

2. May receive documents, materials, or information including

otherwise confidential and privileged documents, materials, or

information, from the National Association of Insurance

Commissioners, its affiliates or subsidiaries, and from regulatory

and law enforcement officials of other foreign or domestic

jurisdictions, 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;

3. May share documents, materials, or other information subject

to subsection A of this section, with a third-party consultant or

vendor; provided, the consultant agrees in writing to maintain the

confidentiality and privileged status of the document, material, or

other information; and

Oklahoma Statutes - Title 36. Insurance Page 188

4. May enter into agreements governing sharing and use of

information consistent with this subsection.

D. 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 Insurance Commissioner under

this section or as a result of sharing as authorized in subsection C

of this section.

E. Nothing in this act shall prohibit the Commissioner from

releasing final, adjudicated actions that are open to public

inspection pursuant to the Oklahoma Open Records Act, to a database

or other clearinghouse service maintained by the National

Association of Insurance Commissioners, its affiliates, or

subsidiaries.

F. Documents, materials, or other information in the possession

or control of the National Association of Insurance Commissioners or

a third-party consultant or vendor pursuant to this act shall not be

construed to be public information, shall not be subject to the
other clearinghouse service maintained by the National

Association of Insurance Commissioners, its affiliates, or

subsidiaries.

F. Documents, materials, or other information in the possession

or control of the National Association of Insurance Commissioners or

a third-party consultant or vendor pursuant to this act shall not be

construed to be public information, shall not be subject to the

Oklahoma Open Records Act, shall not be subject to subpoena, and

shall not be subject to discovery or admissible as evidence in any

private civil action.