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. Nothing in this section may be construed to require written consent of the insurer before the director may nt, materials, or other information public without the prior written consent of the insurer. 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.
South Dakota Legal Code