1-27-31. Circumstances allowing for disclosure of information concerning private entity.

A state agency may disclose that it is conducting a financial investigation, examination, or audit of a private entity and disclose the information obtained from such an investigation, examination, or audit as follows:

(1)    To the private entity being investigated, examined, or audited;

(2)    To those persons whom the private entity has authorized in writing to receive such information;

(3)    To the officers, employees, or legal representatives of any other state agency which requests the information in writing for the purpose of investigating and enforcing civil or criminal matters. The written request will specify the particular information desired and the purpose for which the information is requested;

(4)    To any administrative or judicial body if the information is directly related to the resolution of an issue in the proceeding, or pursuant to an administrative or judicial order. However, no person may use a subpoena, discovery, or other applicable statutes to obtain such information;

(5)    To another state pursuant to an agreement between the State of South Dakota and the other state, but only if the other state agrees to keep the information confidential as set forth in §§ 1-27-28 to 1-27-32, inclusive;

(6)    To the attorney general, state's attorney, or any state, federal, or local law enforcement officer;

(7)    To a federal agency pursuant to the provisions of federal law;

(8)    To the extent necessary to submit any final reports or filings which are otherwise required by law to be prepared or filed;

(9)    Repealed by SL 2004, ch 25, § 4.

(10)    To comply with federal law, rules, or program delegation requirements ; or

(11)    To the extent necessary to protect the health or welfare of the citizens of this state or nation pursuant to a court order obtained under the same process as orders issued pursuant to § 15-6-65(b).

Source: SL 1996, ch 12, § 4; SL 1997, ch 13, § 1; SL 2004, ch 25, § 4