A record acquired by the office of attorney general from a governmental agency or a nonpublic entity is exempt if the attorney general determines:
1. The record is necessary to monitor or enforce compliance with a law or order or to further a civil investigation or litigation by the state;
2. The record is treated as confidential or privileged by the provider of the records; and 3. The provider of the records has not agreed to waive the privilege relating to or confidentiality of the record.