South Dakota Codified Laws 58-33-101. Disclosure of information to agencies of other states or federal government–Conditions–Immunity from civil liability
Nothing in §§ 58-33-93 to 58-33-116, inclusive, prevents the director from disclosing the contents of a report or notification filed under this section to the insurance division of any other state or agency of the federal government at any time, or any other regulatory or law enforcement agency if the agency or office receiving the report or matters relating thereto agrees to hold it confidential and in a manner consistent with §§ 58-33-93 to 58-33-116, inclusive. A report filed or notification provided under §§ 58-33-93 to 58-33-116, inclusive, is confidential and privileged from disclosure in response to a subpoena or otherwise except to the extent the director determines disclosure is appropriate to accomplish a regulatory purpose. There is no civil liability imposed on and no cause of action arises from a person‘s furnishing information pursuant to §§ 58-33-93 to 58-33-116, inclusive, concerning suspected, anticipated, or completed acts, if the information is provided to or received from:
(1) The director or the director’s employees, agents, or representatives;
Terms Used In South Dakota Codified Laws 58-33-101
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- State: when used in context signifying a jurisdiction other than the State of South Dakota, a state, the District of Columbia, a territory, commonwealth, or possession of the United States of America, or a province of the Dominion of Canada. See South Dakota Codified Laws 58-1-2
- Subpoena: A command to a witness to appear and give testimony.
(2) Federal, state, or local law enforcement or regulatory officials or their employees, agents, or representatives;
(3) A person involved in the prevention and detection of fraudulent insurance acts or that person’s agents, employees, or representatives; or
(4) The NAIC or its employees, agents, or representatives.
Source: SL 2007, ch 292, § 9.