Title 33, Chapter 39, Section 5
( 33-39-5)
(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 an 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 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 or public records; (2) In the case of a policy renewal, a notice shall be provided no
later than the policy renewal date, except that no notice shall be
required in connection with a policy renewal if: (A) Personal information is collected only from the policyholder
or from public records; or (B) A notice meeting the requirements of this Code 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 or from public records. (b) The notice required by subsection (a) of this Code section shall
be in writing and shall state: (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 persons identified in paragraphs (2), (3), (4), (5), (6), (9), (11), (12), and (14) of Code Section 33-39-14 and the circumstances under which such disclosures may be made without prior authorization; provided, however, 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 Code Sections 33-39-9 and 33-39-10 and the manner in which such rights may be exercised; and (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 subsection (b) of this Code
section, the insurance institution or agent may provide an
abbreviated notice informing the applicant or policyholder that: (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; and (4) The notice prescribed in subsection (b) of this Code section
will be furnished to the applicant or policyholder upon request. (d) The obligations imposed by this Code section upon an insurance
institution or agent may be satisfied by another insurance
institution or agent authorized to act on its behalf. |