§2201. Short title This chapter may be known and cited as the “Insurance Information and Privacy Protection Act.” [PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).] SECTION HISTORY PL 1997, c. 677, §3 (NEW). PL 1997, c. 677, §5 (AFF).
§2202. Purpose The purpose of this chapter is to establish standards for the collection, use and disclosure of information gathered in connection with insurance transactions; to maintain a balance between insurance carriers’ need for information and the public’s need for fair information practices that respect privacy; to establish a regulatory mechanism to enable insurance consumers […]
§2203. Scope 1. Scope. This chapter applies to all persons and other entities required to be licensed by the superintendent under this Title, or Title 24, and to all insurance support organizations, as defined in section 2204, that collect, maintain or distribute information on residents of this State or arising out of insurance transactions in […]
§2204. Definitions As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).] 1. Adverse underwriting decision. “Adverse underwriting decision” means any of the following actions with respect to consumer insurance transactions involving insurance coverage that […]
§2205. Pretext interviews A regulated insurance entity or insurance support organization may not use or authorize the use of pretext interviews to obtain information in connection with an insurance transaction unless that entity or organization does not have a generally or statutorily recognized privileged relationship with the insurance consumer about whom the information is related, […]
§2206. Notice of insurance information practices The following requirements apply to notices provided by regulated insurance entities. [PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).] 1. Written notice. A regulated insurance entity shall provide a written notice of information practices to the applicant, policyholder or claimant in connection with all […]
§2207. Marketing and research surveys A regulated insurance entity that asks questions in connection with an insurance transaction shall clearly identify any questions that are designed to obtain information solely for marketing or research purposes and shall inform consumers that answering the questions is voluntary. [PL 1997, c. 677, §3 (NEW); PL 1997, c. […]
§2208. Content of disclosure authorization forms Notwithstanding any other provision of law, a regulated insurance entity or insurance support organization may not use a disclosure authorization form unless the form or statement: [PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).] 1. Signed. Is signed by the insurance consumer except that: […]
§2209. Investigative consumer reports 1. Required notice. A regulated insurance entity or insurance support organization may not prepare or request an investigative consumer report about an insurance consumer in connection with an insurance transaction involving an application for insurance, a policy renewal, a policy reinstatement or a change in insurance benefits unless the regulated insurance […]
§2210. Access to recorded personal information 1. Recorded personal information. If any insurance consumer, after proper identification, submits a written request to a regulated insurance entity or insurance support organization for access to recorded personal information about the consumer that is reasonably described by the consumer and reasonably locatable and retrievable by the regulated insurance […]
§2211. Correction, amendment or deletion of recorded personal information 1. Action by regulated insurance entity. Within 30 days after receiving a written request from an insurance consumer to correct, amend or delete any recorded personal information within its possession about the consumer, a regulated insurance entity or insurance support organization shall: A. In the […]
§2212. Reasons for adverse underwriting decisions 1. Notice to consumer. In the event of an adverse underwriting decision, the carrier or producer responsible for the decision shall: A. Comply with the federal Fair Credit Reporting Act, 15 United States Code, Section 1681m if the decision is based in whole or in part on any […]
§2213. Information concerning previous adverse underwriting decisions Unless an inquiry of a regulated insurance entity or insurance support organization also requests the reasons for the underwriting decision or placement, a regulated insurance entity or insurance support organization may not seek information in connection with an insurance transaction concerning: [PL 1997, c. 677, §3 (NEW); […]
§2214. Previous adverse underwriting decisions A carrier, producer or producer agency may not base an adverse underwriting decision in whole or in part: [PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).] 1. Previous adverse underwriting decisions. On the fact of a previous adverse underwriting decision or on the fact that […]
§2215. Disclosure limitations and conditions 1. Disclosure of personal information. A regulated insurance entity or insurance support organization may not disclose any personal information about a consumer collected or received in connection with an insurance transaction unless the disclosure is made with due consideration for the safety and reputation of all persons who may be […]
§2216. Insurance support organizations 1. Examination and investigation. The superintendent may examine and investigate into the affairs of every insurance support organization acting on behalf of a regulated insurance entity that either transacts business in this State or transacts business outside this State that has an effect on a resident of this State in order […]
§2217. Individual remedies 1. Appeal to superintendent. Any insurance consumer aggrieved by a regulated insurance entity’s or insurance support organization’s response or failure to respond to a request made pursuant to sections 2210, 2211 and 2212 may appeal to the superintendent, who may convene an adjudicatory hearing to determine whether there has been a violation […]
§2218. Immunity No cause of action in the nature of defamation, invasion of privacy or negligence arises against any person for disclosing personal information in accordance with this chapter, nor does such a cause of action arise against any person for furnishing personal information to a regulated insurance entity or insurance support organization. This section […]
§2219. Criminal penalties A person who knowingly obtains personal information under false pretenses from a regulated insurance entity or insurance support organization is guilty of obtaining personal insurance information under false pretenses. Obtaining personal insurance information under false pretenses is a Class D crime. [PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, […]
§2220. Rulemaking The superintendent may adopt rules to carry out the purposes of this chapter and the privacy protection provisions of the federal Gramm-Leach-Bliley Act, 15 United States Code, Section 6801 et seq. (1999). Rules adopted pursuant to this chapter are routine technical rules as defined by Title 5, chapter 375, subchapter II‑A. [PL […]
