Title 33, Chapter 39, Section 10
( 33-39-10)
(a) Within 30 business days from the date of receipt of a written
request from an individual to correct, amend, or delete any recorded
personal information about the individual within its possession, an
insurance institution, agent, or insurance-support organization
shall either: (1) Correct, amend, or delete the portion of the recorded personal
information in dispute; or (2) Notify the individual of: (A) Its refusal to make such correction, amendment, or deletion; (B) The reasons for the refusal; and (C) The individual's right to file a statement as provided in
subsection (c) of this Code section. (b) If the insurance institution, agent, or insurance-support
organization corrects, amends, or deletes recorded personal
information in accordance with paragraph (1) of subsection (a) of
this Code section, the insurance institution, agent, or
insurance-support organization shall so notify the individual in
writing and furnish the correction, amendment, or fact of deletion
to: (1) Any person specifically designated by the individual who may
have, within the preceding two years, received such recorded
personal information; (2) Any insurance-support organization whose primary source of
personal information is insurance institutions if the
insurance-support organization has systematically received such
recorded personal information from the insurance institution
within the preceding seven years; provided, however, that the
correction, amendment, or fact of deletion need not be furnished
if the insurance-support organization no longer maintains recorded
personal information about the individual; and (3) Any insurance-support organization that furnished the personal
information that has been corrected, amended, or deleted. (c) Whenever an individual disagrees with an insurance
institution's, agent's, or insurance-support organization's refusal
to correct, amend, or delete recorded personal information, the
individual shall be permitted to file with the insurance
institution, agent, or insurance-support organization: (1) A concise statement setting forth what the individual thinks
is the correct, relevant, or fair information; and (2) A concise statement of the reasons why the individual
disagrees with the insurance institution's, agent's, or
insurance-support organization's refusal to correct, amend, or
delete recorded personal information. (d) In the event an individual files either statement as described
in subsection (c) of this Code section, the insurance institution,
agent, or support organization shall: (1) File the statement with the disputed personal information and
provide a means by which anyone reviewing the disputed personal
information will be made aware of the individual's statement and
have access to it; (2) In any subsequent disclosure by the insurance institution,
agent, or support organization of the recorded personal
information that is the subject of disagreement, clearly identify
the matter or matters in dispute and provide the individual's
statement along with the recorded personal information being
disclosed; and (3) Furnish the statement to the persons and in the manner
specified in subsection (b) of this Code section. (e) The rights granted to individuals in this Code section shall
extend to all natural persons to the extent information about them
is collected and maintained by an insurance institution, agent, or
insurance-support organization in connection with an insurance
transaction. The rights granted to all natural persons by this
subsection shall not extend to information about them that relates
to and is collected in connection with or in reasonable anticipation
of a claim or civil or criminal proceeding involving them. (f) For purposes of this Code section, the term "insurance-support
organization" does not include "consumer reporting agency." |