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Title 3 . Commerce, Community, and Economic Development
Chapter 26 . Miscellaneous
Section 690. Access to and correction, amendment, or deletion of nonpublic personal information

3 AAC 26.690. Access to and correction, amendment, or deletion of nonpublic personal information

(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. 1681a(d) - (e); and

(2) collecting information from a licensee or another insurance support organization to detect or prevent fraud, material misrepresentation, or material nondisclosure.

History: Eff. 1/1/2005, Register 172

Authority: AS 21.06.090

AS 21.36.162


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Last modified 7/05/2006