20-2108

20-2108. Access to recorded personal
information

A. If any individual, after proper identification, submits a written request to an
insurance institution, insurance producer or insurance support organization for access to
recorded personal information about the individual which is reasonably described by the
individual and which the insurance institution, insurance producer or insurance support
organization can reasonably locate and retrieve the insurance institution, insurance
producer or insurance support organization shall within thirty business days from the
date the request is received:

1. Inform the individual of the nature and substance of the recorded personal
information in writing, by telephone or by other oral communication, whichever the
insurance institution, insurance producer or insurance support organization prefers.

2. Permit the individual to see and copy, in person, the recorded personal
information pertaining to the individual or to obtain a copy of the recorded personal
information by mail, whichever the individual prefers, unless the recorded personal
information is in coded form, in which case the insurance institution, insurance producer
or insurance support organization shall provide an accurate translation in plain language
and in writing.

3. Disclose to the individual the identity, if recorded, of those persons to whom
the insurance institution, insurance producer or insurance support organization has
disclosed the personal information within two years prior to the request, and if the
identity is not recorded, the names of those insurance institutions, insurance producers,
insurance support organizations or other persons to whom the information is normally
disclosed.

4. Provide the individual with a summary of the procedures by which the individual
may request correction, amendment or deletion of recorded personal information.

B. Any personal information provided pursuant to subsection A of this section shall
identify the source of the information if the source is an institutional source.

C. Medical record information supplied by a medical care institution or medical
professional and requested under subsection A of this section, together with the identity
of the medical professional or medical care institution which provided the information,
shall be supplied either directly to the individual or to a medical professional
designated by the individual and licensed to provide medical care with respect to the
condition to which the information relates, whichever the insurance institution,
insurance producer or insurance support organization prefers. If it elects to disclose
the information to a medical professional designated by the individual, the insurance
institution, insurance producer or insurance support organization shall notify the
individual, at the time of the disclosure, that it has provided the information to the
medical professional.

D. Except for personal information provided under section 20-2109, an insurance
institution, insurance producer or insurance support organization may charge a reasonable
fee to cover the costs incurred in providing a copy of recorded personal information to
individuals.

E. The obligations imposed by this section upon an insurance institution or
insurance producer may be satisfied by another insurance institution or insurance
producer authorized to act on its behalf. With respect to the copying and disclosure of
recorded personal information pursuant to a request under subsection A of this section,
an insurance institution, insurance producer or insurance support organization may make
arrangements with an insurance support organization or a consumer reporting agency to
copy and disclose recorded personal information on its behalf.

F. The rights granted to individuals in this section extend to all natural persons
to the extent information about them is collected and maintained by an insurance
institution, insurance producer or insurance support organization in connection with an
insurance transaction. The rights granted to all natural persons by this subsection do
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.

G. For the purposes of this section, "insurance support organization" does not
include a consumer reporting agency.