Section 28-8-4.1-402 - Confidential information; reporting violations and complaints to the NMLS; director's authority to use the NMLS; information or material subject to privilege or confidentiality; release of information(a) Except as provided in subsection (b), the following are confidential:(1) All information or reports obtained by the department from an applicant, licensee, or authorized delegate.(2) All information contained in or related to an examination, investigation, operating report, or condition report prepared by, on behalf of, or for the use of the department.(3) Financial statements, balance sheets, or authorized delegate information.(b) Subject to the confidentiality provisions contained in IC 5-14-3 and this section, the director may regularly report significant or recurring violations of this chapter to the NMLS.(c) Subject to the confidentiality provisions contained in IC 5-14-3 and this section, the director may report complaints received regarding licensees to the NMLS.(d) The director's authority to use the NMLS under this chapter is subject to the following: (1) Information stored in the NMLS is subject to the confidentiality provisions of IC 5-14-3 and this section. A person may not:(A) obtain information from the NMLS, unless the person is authorized to do so by statute;(B) initiate any civil action based on information obtained from the NMLS if the information is not otherwise available to the person under any other state law; or(C) initiate any civil action based on information obtained from the NMLS if the person could not have initiated the action based on information otherwise available to the person under any other state law.(2) Documents, materials, and other forms of information in the control or possession of the NMLS that are confidential under this section and that are: (A) furnished by the director, the director's designee, or a licensee; or(B) otherwise obtained by the NMLS; are confidential and privileged by law and are not subject to inspection under IC 5-14-3, subject to subpoena, subject to discovery, or admissible in evidence in any civil action. However, the director may use the documents, materials, or other information available to the director in furtherance of any action brought in connection with the director's duties under this chapter.
(3) Disclosure of documents, materials, and information:(B) by the director; under this subsection does not result in a waiver of any applicable privilege or claim of confidentiality with respect to the documents, materials, or information.
(4) Information provided to the NMLS is subject to IC 4-1-11.(5) This subsection does not limit or impair a person's right to: (B) use information as evidence in a civil action or proceeding; or(C) use information to initiate a civil action or proceeding; if the information may be obtained from the director or the director's designee under any law.
(6) The requirements under any federal law or IC 5-14-3 regarding the privacy or confidentiality of any information or material provided to the NMLS, and any privilege arising under federal or state law, including the rules of any federal or state court, with respect to the information or material, continue to apply to the information or material after the information or material has been disclosed to the NMLS. The information and material may be shared with all state and federal regulatory officials with financial services industry oversight authority without the loss of privilege or the loss of confidentiality protections provided by federal law or IC 5-14-3.(7) Information or material that is subject to a privilege or confidentiality under subdivision (6) is not subject to:(A) disclosure under any federal or state law governing the disclosure to the public of information held by an officer or an agency of the federal government or the respective state; or(B) subpoena, discovery, or admission into evidence, in any private civil action or administrative process, unless with respect to any privileged information or material held by the NMLS, the person to whom the information or material pertains waives, in whole or in part, in the discretion of the person, that privilege.(e) Notwithstanding any other provision of law, all information or reports obtained by the director from an applicant, a licensee, or an authorized delegate, whether obtained through reports, applications, examination, audits, investigation, or otherwise, including:(1) all information contained in or related to:(D) condition; reports prepared by, on behalf of, or for the use of the director; or
(2) financial statements, balance sheets, or authorized delegate information; are confidential and may not be disclosed or distributed outside the department by the director or any officer or employee of the department, except as provided in subsection (b).
(f) The director may provide for the release of information to representatives of:(1) financial institution and money services business supervisory agencies;(2) law enforcement agencies; or(3) prosecutorial agencies or offices; of a state (as defined in IC 28-2-17-19), the United States, or a foreign country. An agency or office that receives information from the director under this subsection shall maintain the confidentiality of the information as described in IC 28-1-2-30.
(g) This section does not prohibit the director from releasing to the public a list of persons licensed under this chapter or from releasing aggregated financial data with respect to such licensees.Added by P.L. 198-2023,SEC. 4, eff. 1/1/2024.