HB 102 – FINAL VERSION
HOUSE BILL 102
This bill facilitates information sharing among the department of justice, the insurance department, the banking department, and the bureau of securities regulation, department of state. The bill provides procedures for the confidentiality of the shared information. The bill establishes an interagency group which is to develop and use a cooperative information-sharing database that makes summary agency data from each member agency accessible to all member agencies.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [
in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to interagency information sharing by financial services regulators.
Be it Enacted by the Senate and House of Representatives in General Court convened:
241:1 New Chapter; Interagency Information Sharing By Financial Services Regulators. Amend RSA by inserting after chapter 21-T the following new chapter:
21-U:1 Purpose. The purpose of this chapter is to provide a mechanism for information sharing between the state agencies responsible for regulating financial services and to promote improved communication and cooperation between agencies with respect to the enforcement of financial services, statutes, and regulations. Under this chapter, these agencies shall meet regularly to share complaint, investigation, and enforcement data and to create and maintain a cooperative information-sharing database to ensure effective oversight and regulation of individuals and entities subject to regulatory jurisdiction, maximize agency effectiveness and avoid unnecessary duplication of effort.
21-U:2 Definitions. In this chapter:
I. “Agency data” means information originally received, created, or held by a member agency regarding consumer complaints, agency investigations, and agency enforcement actions. For the department of justice, “agency data” means complaint, investigation and enforcement data received, created, or held by the consumer protection and antitrust bureau and does not apply to privileged documents between any agency and the department of justice, nor does it apply to any documents related to an active criminal investigation. “Agency data” does not include any information received from foreign, federal, or state governmental agencies or other third parties that is protected from further disclosure by statute, regulation, or a nondisclosure or non-dissemination agreement entered into by the member agency in possession of the information. “Agency data” does not include records of examination, except to the extent such records are included in an investigation file.
II. “Cooperative information-sharing database” means a shared system designed, developed, or purchased using data standards developed by the member agencies to make complaint data from each member agency accessible to all member agencies.
III. “Interagency group” means the New Hampshire financial services regulators group.
IV. “Member agency” or “member agencies” means the department of justice, the insurance department, the banking department, and the bureau of securities regulation, department of state.
V. “Shared data” means agency data submitted and held within the cooperative information-sharing database.
21-U:3 Interagency Information.
I. The member agencies shall cooperate with one another to share relevant agency data for the purpose of conducting audits, examinations, investigations, administrative enforcement proceedings, and/or civil agency enforcement actions.
II. A member agency is not required to cooperate with another member agency to share agency data if the 2 member agencies are engaged, or about to be engaged, in a contested action or proceeding in contradictory roles.
III. A member agency, except as otherwise provided in this chapter, shall preserve any privilege or confidentiality regarding agency data or shared data it receives from another member agency pursuant to this chapter. In the case where the providing member agency itself received the information or documents from another source whether the source is a New Hampshire agency or an agency of another state, the federal government, or any foreign government, the receiving member agency shall preserve any such privilege or confidentiality placed on the use of the information or documents by such source. In addition, except as provided in this chapter, the receiving member agency may assert on its own behalf any legal limitation upon release or privilege to which it is entitled.
21-U:4 Interagency Group Created. There is hereby established the New Hampshire financial services regulators group.
I. The interagency group shall consist of the attorney general or designee, the insurance commissioner or designee, the banking commissioner or designee, and the director of the bureau of securities regulation or designee.
II. The interagency group shall facilitate strategic planning among member agencies regarding regulatory and enforcement efforts and the sharing of agency data, including confidential or privileged records and legal analysis.
III. The interagency group shall elect a chair from among its member agency representatives and shall provide for the periodic rotation of the chairmanship.
21-U:5 Duties. The duties of the interagency group shall be to:
I. Meet at least quarterly.
II. Develop and use a cooperative information-sharing database that makes summary agency data from each member agency accessible to all member agencies.
III. Use the cooperative information-sharing database to ensure efficient use of the state’s financial services enforcement resources and effective strategic planning of financial services regulatory and enforcement efforts among member agencies.
IV. Enter into a memorandum of agreement in accordance with this chapter and protect the confidentiality of confidential shared information.
21-U:6 Confidentiality. No waiver of any applicable privilege or claim of confidentiality shall occur as a result of the disclosure or sharing of agency data and shared data with member agencies under this chapter. Each member agency shall maintain the confidentiality of agency data and shared data. The agency data of each member agency held in the cooperative information-sharing database shall be retained in accordance with the member agency’s records retention requirements. In the event that the interagency group receives a request for information under RSA 91-A, the interagency group shall not be defined as, or considered to be, a custodian of the documents or information requested. The member agency which originally possessed a document shall be deemed to possess and control it for purposes of RSA 91-A and shall be responsible to respond to the request for information received under RSA 91-A. Whether or not a document or information requested shall be released pursuant to a request under RSA 91-A shall be made by the member agency originally possessing the document or information, in accordance with the statutes, rules, and procedures of such agency. Member agencies shall enter into a memorandum of agreement consistent with this chapter and with all applicable statutes governing the member agencies in order to provide for the confidentiality of agency data and shared data and to ensure that confidential information is appropriately handled to prevent disclosure, except as may be necessary for law enforcement purposes.
21-U:7 Cooperative Information-Sharing Database. Each member agency shall be responsible for providing for the planning, development, acquisition, and management of the cooperative information-sharing database under a shared service program.
21-U:8 Notification. Except for a request under RSA 91-A for information under RSA 21-U:3, upon receipt of a request by a third party to release, view, or copy information and documents, whether confidential or privileged, the receiving agency shall promptly notify any agency which would be affected by the release, viewing, or copying of the information and documents. The receiving agency shall not grant the request until the agency or agencies notified have indicated in writing that there is no objection to the granting of the request, in whole or part; provided that the receiving agency may release the information upon receiving an order of a federal or New Hampshire state court which has jurisdiction.
241:2 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 18, 2012
Effective Date: August 17, 2012