(a) Except as provided in (h) of this section
and
3 AAC 26.695(a),
within 30
working days after the date a licensee or insurance support
organization receives a written request from a consumer for recorded nonpublic
personal information about the consumer that adequately describes the
information requested, if the licensee or insurance support organization can
reasonably locate and retrieve the information, the licensee or insurance
support organization or an agent authorized to act on behalf of the licensee or
insurance support organization shall
(1)
provide to the consumer a description of the nature and substance of the
requested information in writing or in electronic form, if the consumer agrees
to receive that information electronically;
(2) as directed by the consumer,
(A) send the requested information, including
the source of the information, to the consumer by mail or electronically;
or
(B) allow the consumer to see
and copy the requested information in person;
(3) provide to the consumer
(A) if the nonpublic personal information was
recorded, a listing of the identities of each person to whom the licensee or
insurance support organization has disclosed nonpublic personal information
within the two years before the date of the consumer's request; or
(B) if the nonpublic personal information was
received but not recorded, a listing of the names of the persons to whom the
information is normally disclosed; and
(4) provide to the consumer a summary of the
procedure the consumer may use to request correction, amendment, or deletion of
recorded nonpublic personal information.
(b) Nonpublic personal information provided
under (a) of this section must identify the source of the information if the
source of the information is other than
(1)
an agent of the licensee or insurance support organization;
(2) the individual who is the subject of the
information; or
(3) an individual
who is acting in a personal not business or professional capacity.
(c) A licensee or insurance
support organization may charge a fee sufficient to cover the costs of
providing a copy of the nonpublic personal information to the consumer under
(a) of this section.
(d) Except as
provided in (h) of this section and
3
AAC 26.695(a), within 30
working days
after the date a licensee or insurance support organization receives a written
request from a consumer to correct, amend, or delete any recorded nonpublic
personal information about the consumer that is in the possession of the
licensee or insurance support organization, the licensee or insurance support
organization shall
(1) correct, amend, or
delete the portion of the information as requested; or
(2) notify the consumer
(A) that the licensee or insurance support
organization refuses to make the requested correction, amendment, or
deletion;
(B) why the licensee or
insurance support organization refuses to make the requested correction,
amendment, or deletion; and
(C) of
the consumer's right to file a statement as provided under (f) of this
section.
(e)
If a
licensee or insurance support organization corrects, amends, or deletes
recorded nonpublic personal information under (d) of this section, the
licensee
or insurance support organization shall provide written or electronic
notification that includes the correction, amendment, or deletion to
(1) a person specifically designated by the
consumer who may have received the recorded nonpublic personal information
within the two years before the date the licensee or insurance support
organization made the correction, amendment, or deletion;
(2) an insurance support organization whose
primary source of
nonpublic personal information is the
licensee
(A) if the insurance support organization
systematically received recorded nonpublic personal information from the
licensee within seven years before the date the licensee made the correction,
amendment, or deletion; and
(B)
except if the insurance support organization no longer maintains recorded
nonpublic personal information about the consumer; and
(3) an insurance support organization that
provided to the licensee the nonpublic personal information that the licensee
corrected, amended, or deleted.
(f) If a consumer disagrees with a
licensee
or insurance support organization's refusal to correct, amend, or delete
recorded nonpublic personal information, the consumer may submit to the
licensee or insurance support organization one or both of the following
statements:
(1) a statement listing the
information the consumer believes is the correct, relevant, or fair
information;
(2) a statement of the
reasons why the consumer disagrees with the licensee's or insurance support
organization's refusal to correct, amend, or delete recorded nonpublic personal
information.
(g) If a
consumer submits a statement under (f) of this section, the
licensee or
insurance support organization shall
(1) file
the statement with the disputed nonpublic personal information and ensure that
anyone who reviews the disputed nonpublic personal information is aware of and
has access to the statement;
(2)
when disclosing disputed nonpublic personal information to a person, clearly
identify the information in dispute and provide the consumer's statement to the
person; and
(3) provide the
consumer's statement to the persons listed and in the manner specified in (e)
of this section.
(h) A
licensee or insurance support organization is not required to comply with this
section with respect to any information about a consumer that relates to and is
collected in connection with, or in reasonable anticipation of, a claim or a
civil or criminal proceeding involving the consumer.
(i) In this section, "insurance support
organization" means a person who regularly engages in the practice of
assembling or collecting information about an individual to provide the
information to a
licensee for purposes of transacting insurance including
(1) providing to a
licensee consumer reports
or investigative consumer reports within the meaning given in
15 U.S.C.
1681 a(d) - (e); and
(2) collecting information from a licensee or
another insurance support organization to detect or prevent fraud, material
misrepresentation, or material nondisclosure.