2023 New York Laws › ISC - Insurance › Article 1 - General Provisions › 110 - Cooperation With Other Regulatory Agencies.

§  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.