(a) This act shall be administered by the department.
(b) Deleted by 2014, June 10, P.L. 678, No. 52, § 25, effective in 60 days [Aug. 11, 2014].
(c) It is unlawful for the department or any of its officers or employes to use for personal benefit any information which is filed with or obtained by the department and which is not generally available to the public. Nothing in this act authorizes the department or any of its officers or employes to disclose such confidential information except among themselves or to other securities administrators, regulatory authorities or governmental agencies, or when necessary or appropriate in a proceeding or investigation under this act or any other law of this State.
(c.1) Except for the privileges created in this subsection, no provision of this act either creates or derogates from any privilege which exists at common law or otherwise when documentary or other evidence is sought under a subpoena directed to the department or any of its officers or employes.
(1) The documents described in clause (2) and any testimony sought concerning information in those documents are privileged from disclosure under a subpoena directed to the department or any of its officers or employes if the documents relate to:
(i) An investigation authorized under section 510.
(ii) An action in which neither the department nor any of its officers or employes is a party.
(2) The documents which are the subject of the privilege created in clause (1) include:
(i) Documents relating to an investigation conducted under section 510, including, but not limited to, statements made or taken in accordance with section 510(a) or (b) and documents in possession of the department under section 510(a)(ii).
(ii) Documents received in connection with a subpoena issued under section 510.
(iii) Documents relating to an examination conducted under section 304(d).
(iv) Documents obtained from a securities administrator, regulatory authority or law enforcement or governmental agency relating to an investigation authorized under section 510 or an examination conducted in accordance with section 304(d).
(v) Documents deemed confidential by order of the department under section 603(c).
(3) Complaints filed with the department and testimony concerning information in the complaints are privileged absolutely from disclosure under a subpoena directed to the department or its officers or employes.
(4) No privilege is created under clause (1) or (3) if document sought under a subpoena directed to the department or its officers or employees is otherwise publicly available.
Credits
1972, Dec. 5, P.L. 1280, No. 284, § 601, effective Jan. 1, 1973. Amended 1975, Dec. 19, P.L. 601, No. 171, § 1; 2002, July 4, P.L. 721, No. 108, § 15, effective in 60 days; 2014, June 10, P.L. 678, No. 52, § 25, effective in 60 days [Aug. 11, 2014].
70 P.S. § 1-601, PA ST 70 P.S. § 1-601
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
