N.M. Admin. Code § 13.7.5.17 - MAINTAINING CONFIDENTIALITY OF LOCATION INFORMATION

A. Insurer program required: Each insurer shall develop by the effective date of this rule a location information confidentiality program to be followed by all persons who have access to the location information of protected persons. The program shall include:

(1) a reasonable procedure by which a protected person can request participation in the insurer's location information confidentiality program;

(2) a system of internal control procedures for maintaining the confidentiality of the location information of a protected person, including provisions for regular internal review; and

(3) procedures to be followed when any action is taken with respect to an application, policy, claim, or other material involving a protected person, including procedures for the designation of a mailing address to be used by the insurer.

B. Notice to protected person of disclosure of location information:

(1) If the insurer is required, pursuant to an order of the superintendent or a court of competent jurisdiction or as otherwise required by law, to disclose the location information of a protected person, the insurer shall:

(a) give the protected person notice of receipt of the order within ten (10) days of receipt of the order;

(b) advise the person issuing the order that the protected person's location information is confidential and protected by the Domestic Abuse Insurance Protection Act, Chapter 59A, Article 16B NMSA 1978, and by the Confidential Abuse Information rule, 13 NMAC 7.5 [now 13.7.5 NMAC];

(c) continue to otherwise maintain the confidentiality of the location information.

(2) If the insurer elects to file suit against the person who committed domestic abuse against a protected person, the insurer shall:

(a) give the protected person notice of intent to file suit at least thirty (30) days prior to the date suit is filed;

(b) advise the court in which suit is filed that the protected person's location information is confidential and protected by the Domestic Abuse Insurance Protection Act, Chapter 59A, Article 16B NMSA 1978, and by the Confidential Abuse Information Rule, 13 NMAC 7.5 [now 13.7.5 NMAC];

(c) continue to otherwise maintain the confidentiality of the location information.

C. Prohibition against disclosure:

(1) No insurer or insurance support organization may sell or otherwise disclose the location information of a protected person, except as permitted by paragraph 4A(3) of the Domestic Abuse Insurance Protection Act, without having first obtained the written consent of the protected person.

(2) Written consent is not required if the use or disclosure of the location information of the protected person is internal or to an affiliate of the insurer and the only use of the location information will be in connection with the marketing of insurance products, provided the affiliate agrees not to disclose the location information of the protected person for any other purpose or to unaffiliated persons. With respect to the marketing of insurance products, the protected person must be given an opportunity to indicate that he or she does not want his or her location information used for such marketing purposes and has given no indication that he or she does not want his or her location information used for such purposes.

(3) This prohibition shall not apply to location information disclosed to or utilized by insurance support organizations, including, but not limited to, index, fraud, and medical information bureaus, which assist insurers or insurance support organizations with underwriting, claims settlement, detection or prevention of fraud, or detection or prevention of material misrepresentation or material nondisclosure.

Notes

N.M. Admin. Code § 13.7.5.17

1/1/99; Recompiled 11/30/01