D.__Analytic data generated in the course of conducting the insurance compliance self-audit.

§492.__Privilege

This section creates a privilege.

1.__Privilege established.__An insurance compliance self-audit document is privileged information and is not discoverable or admissible as evidence in any civil or criminal legal action or in any administrative proceeding, except as provided in sections 493 and 494.__If any insurance compliance self-audit document provided by an insurer to the commissioner or the superintendent is disclosed to a 3rd party by the superintendent's office, that document is not admissible as evidence in any civil or criminal legal action or administrative proceeding.

2.__Privilege extends to individuals.__An insurance compliance self-audit may be conducted by the insurer, its employees or by independent contractors.__If any insurer, person or entity performs or directs the performance of an insurance compliance self-audit, an officer or employee involved with the insurance compliance self-audit or any consultant who is hired for the purpose of performing the insurance compliance self-audit may not be examined in any civil, criminal or administrative proceeding as to the insurance compliance self-audit or any insurance compliance self-audit document.__This subsection does not apply if the privilege set forth in subsection 1 is determined under section 493 and 494 not to apply.

3.__Voluntary submission does not constitute waiver.__An insurer may voluntarily submit, in connection with examinations conducted under chapter 3, an insurance compliance self-audit document to the superintendent, or the superintendent's designee, as a confidential document without waiving the privilege set forth in this subchapter to which the insurer would otherwise be entitled.__The superintendent may order the production to the bureau of an insurance compliance self-audit document in conjunction with examinations conducted under Title 24-A, chapter 3.__Such production by order is considered involuntary.__Any provisions permitting the superintendent to make records and reports public, as well as provisions permitting the superintendent to exchange information and data with the National Association of Insurance Commissioners or its successor organization, do not apply to any insurance compliance self-audit