South Dakota Codified Laws
Chapter 48 - Insurance Innovation Waivers
Section 58-48-16 - Confidentiality of waiver application and materials.

58-48-16. Confidentiality of waiver application and materials.
Documents, materials, or other information in the possession of the division that are obtained by or disclosed to the director or any other person in the course of an insurance innovation waiver under this chapter are confidential by law and privileged; are not subject to open records, freedom of information, sunshine, or other related laws; are not subject to subpoena; and are not subject to discovery or admissible in evidence in any private civil action.
The director may use the 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 documents, materials, or other information public without the prior written consent of the person, applicant, or participant to which it pertains.
This section does not apply to information about granted waivers published by the director pursuant to § 58-48-11. Nothing in this section may be construed to modify the ability of a consumer to discover information in pursuit of a claim against a participant.

Source: SL 2021, ch 214, § 16.

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