1. The self-critical analysis privilege does not apply to the extent that it is expressly waived by the financial institution that prepared or caused to be prepared the compliance self-critical analysis audit document.
2. In a civil or administrative proceeding, a court of record, after an in camera review, may require disclosure of material for which the privilege is asserted, if the court determines one of the following:
a. The privilege is asserted for a fraudulent purpose; or b. The material is not subject to the privilege.
3. In a criminal proceeding, a court of record, after an in camera review, may require disclosure of material for which the privilege is asserted, if the court determines one of the following:
a. The privilege is asserted for a fraudulent purpose;
b. The material is not subject to the privilege; or c. The material contains evidence relevant to commission of a criminal offense, and all three of the following factors are present:
(1) The commissioner, state's attorney, or attorney general has a compelling need for the information;
(2) The information is not otherwise available; and (3) The commissioner, state's attorney, or attorney general is unable to obtain the substantial equivalent of the information by any other means without incurring prohibitive cost and delay.