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California Law (Last Updated: March 4, 2014) |
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Insurance Code - INS |
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Division 1. GENERAL RULES GOVERNING INSURANCE |
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Part 2. THE BUSINESS OF INSURANCE |
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Chapter 1. General Regulations |
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ARTICLE 6.6. Insurance Information and Privacy Protection Act |
Section 791.04.
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(a) An insurance institution or agent shall provide a notice of information practices to all applicants or policyholders in connection with insurance transactions as provided below:
(1) In the case of a written application for insurance, a notice shall be provided no later than:
(A) At the time of the delivery of the insurance policy or certificate when personal information is collected only from the applicant, an insured under the policy, or from public records; or
(B) At the time the collection of personal information is initiated when personal information is collected from a source other than the applicant, an insured under the policy, or public records.
(2) In the case of a policy renewal, a notice shall be provided no later than the policy renewal date or the date upon which policy renewal is confirmed, except that no notice shall be required in connection with a policy renewal if either of the following applies:
(A) Personal information is collected only from the policyholder, an insured under the policy, or from public records.
(B) A notice meeting the requirements of this section has been given within the previous 24 months.
(3) In the case of a policy reinstatement or change in insurance benefits, a notice shall be provided no later than the time a request for a policy reinstatement or change in insurance benefits is received by the insurance institution, except that no notice shall be required if personal information is collected only from the policyholder, an insured under the policy, or from public records or if a notice meeting the requirements of this section has been given within the previous 24 months.
(b) The notice required by subdivision (a) shall be in writing and shall state all of the following:
(1) Whether personal information may be collected from persons other than the individual or individuals proposed for coverage.
(2) The types of personal information that may be collected and the types of sources and investigative techniques that may be used to collect such information.
(3) The types of disclosures identified in subdivisions (b), (c), (d), (e), (f), (i), (k), (l), and (n) of Section 791.13 and the circumstances under which the disclosures may be made without prior authorization, except that only those circumstances need be described which occur with such frequency as to indicate a general business practice.
(4) A description of the rights established under Sections 791.08 and 791.09 and the manner in which the rights may be exercised.
(5) That information obtained from a report prepared by an insurance-support organization may be retained by the insurance-support organization and disclosed to other persons.
(c) In lieu of the notice prescribed in subdivision (b), the insurance institution or agent may provide an abbreviated notice informing the applicant or policyholder of the following:
(1) Personal information may be collected from persons other than the individual or individuals proposed for coverage.
(2) Such information as well as other personal or privileged information subsequently collected by the insurance institution or agent may in certain circumstances be disclosed to third parties without authorization.
(3) A right of access and correction exists with respect to all personal information collected.
(4) The notice prescribed in subdivision (b) will be furnished to the applicant or policyholder upon request.
(d) The obligations imposed by this section upon an insurance institution or agent may be satisfied by another insurance institution or agent authorized to act on its behalf.