§ 58-58-280. Confidentiality. - North Carolina Statutes

§ 58‑58‑280. Confidentiality.

(a)        Information andevidence provided under G.S. 58‑58‑270 or G.S. 58‑58‑275or obtained by the Commissioner in an investigation of suspected or actualfraudulent viatical settlement acts shall be privileged and confidential, isnot a public record, and is not subject to discovery or subpoena in a civil orcriminal action.

(b)        Subsection (a) ofthis section does not prohibit release by the Commissioner of documents andevidence obtained in an investigation of suspected or actual fraudulentviatical settlement acts:

(1)        In administrative orjudicial proceedings to enforce laws administered by the Commissioner;

(2)        To federal, state,or local law enforcement or regulatory agencies, to an organization establishedfor the purpose of detecting and preventing fraudulent viatical settlementacts, or to the NAIC; or

(3)        At the discretion ofthe Commissioner, to a person in the business of viatical settlements that isaggrieved by a fraudulent viatical settlement act.

(c)        Release of documentsand evidence under subsection (b) of this section does not abrogate or modifythe privilege granted in subsection (a) of this section. (2001‑436, s. 3.)