South Dakota Codified Laws 58-5-167. Disclosure documents and other information–Confidential and privileged–Exempt from public record–Permitted uses
Any document, materials, or other information, including the corporate governance annual disclosure, in the possession or control of the division that is obtained by, created by, or disclosed to the director or any other person under the provisions of §§ 58-5-161 to 58-5-171, inclusive, is recognized by this state as being proprietary and to contain trade secrets. The document, materials, or other information is confidential and privileged, is not a record open to public inspection under chapter 1-27 , is not subject to subpoena, and is not discoverable or admissible in evidence in any private civil action.
The director may use corporate governance annual disclosure documents, materials, or other information in the furtherance of any regulatory or legal action brought as a part of the director’s official duties. The director may not otherwise make the document, materials, or other information public without the prior written consent of the insurer.
Terms Used In South Dakota Codified Laws 58-5-167
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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.
- written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
Nothing in this section may be construed to require written consent of the insurer before the director may share or receive any confidential document, materials, or other related information pursuant to § 58-5-169 to assist in the performance of the director’s regular duties.
Source: SL 2020, ch 212, § 7.