(a) Information or documents obtained by the Division in the course of any investigation or examination, unless made a matter of public record, shall be deemed non-public.

(b) The Commissioner may in his discretion and upon a showing that such information is needed, provide nonpublic information in his possession to any of the following persons if the person receiving such nonpublic information provides such assurances of confidentiality as the Commissioner deems appropriate:

(1) A federal, state, local or foreign government or any political subdivision, authority, agency or instrumentality of such government;

(2) A self-regulatory organization as defined in Section 3(a)(26) of the Securities Exchange Act of 1934 (15 U.S.C. 78, et seq.) (the "Exchange Act"), or any similar organization empowered with self-regulatory responsibilities under the federal securities laws (as defined in Section 3(a)(47) of the Exchange Act), the Commodity Exchange Act (7 U.S.C. 1, et seq.) or any substantially equivalent foreign statute or regulation;

(3) A foreign financial regulatory authority as defined in Section 3(a)(51) of the Exchange Act;

(4) The Securities Investor Protection Corporation or any trustee or counsel for a trustee appointed pursuant to Section 5(b) of the Securities Investor Protection Act of 1970;

(5) A trustee in bankruptcy;

(6) A bar association, state accountancy board or other federal, state, local or foreign licensing or oversight authority, or a professional association or self-regulatory authority to the extent that it performs similar functions; or

(7) A duly authorized agent, employee or representative of any of the above persons.

(c) Nothing contained in this section shall affect:

(1) The Commissioner’s authority or discretion to provide or refuse to provide access to, or copies of, nonpublic information in the Division’s possession in accordance with such other authority or discretion as the Commissioner possesses by statute, rule or regulation; or

(2) The Commissioner’s responsibilities under the Freedom of Information Act, 29 Del. C. §10001 et seq.