20-2109

20-2109. Correction, amendment or deletion of
recorded personal information

A. Within thirty business days from the date of receipt of a written request from
an individual to correct, amend or delete any recorded personal information about the
individual within its possession, an insurance institution, insurance producer or
insurance support organization shall either:

1. Correct, amend or delete the portion of the recorded personal information in
dispute.

2. Notify the individual of its refusal to make the correction, amendment or
deletion, the reasons for the refusal and the individual's right to file a statement as
provided in subsection C.

B. If the insurance institution, insurance producer or insurance support
organization corrects, amends or deletes recorded personal information, the insurance
institution, insurance producer or insurance support organization shall so notify the
individual in writing and furnish the correction, amendment or fact of deletion to the
following, as applicable:

1. Any person specifically designated by the individual who may have, within the
preceding two years, received the recorded personal information.

2. Any insurance support organization whose primary source of personal information
is insurance institutions if the insurance support organization has systematically
received the recorded personal information from the insurance institution within the
preceding seven years, except that the correction, amendment or fact of deletion need not
be furnished if the insurance support organization no longer maintains recorded personal
information about the individual.

3. Any insurance support organization that furnished the personal information that
has been corrected, amended or deleted.

C. If an individual disagrees with an insurance institution's, insurance producer's
or insurance support organization's refusal to correct, amend or delete recorded personal
information, the individual may file with the insurance institution, insurance producer
or insurance support organization a concise statement setting forth what the individual
thinks is the correct, relevant or fair information and a concise statement of the
reasons why the individual disagrees with the insurance institution's, insurance
producer's or insurance support organization's refusal to correct, amend or delete
recorded personal information.

D. If the individual files either statement as described in subsection C, the
insurance institution, insurance producer or support organization shall:

1. File the statement with the disputed personal information and provide a means by
which anyone reviewing the disputed personal information will be made aware of the
individual's statement and have access to it.

2. In any subsequent disclosure by the insurance institution, insurance producer or
insurance support organization of the recorded personal information that is the subject
of disagreement, clearly identify the matter in dispute and provide the individual's
statement along with the recorded personal information being disclosed.

3. Furnish the statement to the persons and in the manner prescribed in subsection
B.

E. If the individual so requests, the insurance institution shall reconsider its
underwriting decision based on any corrected information or the individual's statement
provided under subsections C and D.

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