privilege - Civil, administrative, or criminal proceedings. 1. The self -critical analysis privilege does not apply to the extent that it is expressly waived by the financial institution that prepared or caused to be prepared the compliance self-critical analysis audit document. 2. In a civil or administrative proceeding, a court of record, after an in camera review, may require disclosure of material for which the privilege is asserted, if the court determines one of the following: a. The privilege is asserted for a fraudulent purpose; or b. The material is not subject to the privilege. 3. In a criminal proceeding, a court of record, after an in camera review, may require disclosure of material for which the privilege is asserted, if the court determines one of the following: a. The privilege is asserted for a fraudulent purpose; b. The material is not subject to the privilege; or c. The material contains evidence relevant to commission of a criminal offense, and all three of the following factors are present: (1) The commissioner, state's attorney, or attorney general has a compelling need for the information; (2) The information is not otherwise available; and (3) The commissioner, state's attorney, or attorney general is unable to obtain the substantial equivalent of the information by any other means without incurring prohibitive cost and delay.
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