South Dakota Code § 58-5A-92

Sharing of information and documents by director--Confidentiality
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The sharing of information and documents by the director pursuant to §§
58-5A-81
to
58-5A-93
, inclusive, does not constitute a delegation of regulatory authority or rule making. The director is solely responsible for the administration, execution, and enforcement of the provisions of §§
58-5A-81
to
58-5A-93
, inclusive. No waiver of any applicable privilege or claim of confidentiality in the documents, proprietary and trade-secret materials, or other ORSA-related information may occur as a result of disclosure of such ORSA-related information or documents to the director under this section or as a result of sharing as authorized in §§
58-5A-81
to
58-5A-93
, inclusive. Documents, materials, or other information in the possession or control of the NAIC or a third-party consultant pursuant to §§
58-5A-81
to
58-5A-93
, inclusive, are confidential by law and privileged, are not subject to chapter
1-27
, are not subject to subpoena, and are not subject to discovery or admissible in evidence in any private civil action.

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