§431:3A-102 
Definitions.  As used in this article:



"Affiliate"
means any company that controls, is
controlled by, or is under common control with another company.



"Clear
and conspicuous" means reasonably understandable and designed to call attention to the nature and
significance of the information in
the notice.



"Collect"
means to obtain information that the
licensee organizes or can retrieve by the name of an individual or by
identifying number, symbol, or other identifying particular assigned to the
individual, without regard to the source of the underlying information.



"Commissioner"
means the insurance commissioner of the State.



"Company"
means a corporation, limited
liability company, business trust, general or limited partnership, association,
sole proprietorship, mutual benefit
society, health maintenance organization, nonprofit corporation, or similar
organization.



"Consumer"
means an individual, or that
individual’s legal representative, who seeks to obtain, obtains, or has
obtained an insurance product or service from a licensee that is to be used
primarily for personal, family, or household purposes, and about whom the licensee has nonpublic personal
information.



"Consumer
reporting agency" has the same
meaning as in section 603(f) of the federal Fair Credit Reporting Act, Title 15
United States Code section 168la(f), as amended.



"Control"
means:



(1)  Ownership, control, or power to vote twenty‑five
per cent or more of the outstanding shares of any class of voting security of
the company, directly or indirectly, or acting through one or more other
persons;



(2)  Control in any manner over the election of a
majority of the directors, trustees, or general partners or individuals
exercising similar functions of the company; or



(3)  The power to exercise, directly or indirectly, a
controlling influence over the management or policies of the company, as the
commissioner determines.



"Customer"
means a consumer who has a customer relationship with a licensee.



"Customer
relationship" means a continuing relationship between a consumer and a
licensee under which the licensee provides one or more insurance products or
services to the consumer that are to be used primarily for personal, family, or
household purposes.



"Financial
institution" means any institution in the business of engaging in
activities that are financial in nature or incidental to financial activities
as described in the Bank Holding Company Act of 1956, Title 12 United States
Code section 1843(k), as amended.  "Financial institution" shall not
include:



(1)  Any person or entity with respect to any
financial activity that is subject to the jurisdiction of the Commodity Futures
Trading Commission under the Commodity Exchange Act, Title 7 United States Code
section 1, et seq., as amended;



(2)  The Federal Agricultural Mortgage Corporation or
any entity charged and operating under the Farm Credit Act of 1971, Title 12
United States Code section 2001, et seq., as amended; or



(3)  Institutions chartered by Congress specifically
to engage in securitizations, secondary market sales (including sales of
servicing rights), or similar transactions relating to a transaction of a
consumer, if the institutions do not sell or transfer nonpublic personal
information to a nonaffiliated third party.



"Financial
product or service" means any product or service that a financial holding
company could offer by engaging in an activity that is financial in nature or
incidental to a financial activity under the Bank Holding Company Act of 1956,
Title 12 United States Code section 1843(k).  "Financial product or
service" includes a financial institution’s evaluation or brokerage of
information that the financial institution collects in connection with a
request or an application from a consumer for a financial product or service.



"Health
information" means any information or data except age or gender, whether
oral or recorded in any form or medium, created by or derived from a health
care provider or the consumer that relates to:



(1)  The past, present, or future physical, mental, or
behavioral health or condition of an individual;



(2)  The provision of health care to an individual; or



(3)  Payment for the provision of health care to an
individual.



"Insurance
product or service" means any product or service that is offered by a
licensee pursuant to the insurance laws of this State.  "Insurance product
or service" includes a licensee’s evaluation, brokerage, or distribution
of information that the licensee collects in connection with a request or an
application from a consumer for an insurance product or service.



"Licensee"
means every licensed insurer, producer, and any other person licensed or
required to be licensed, or authorized or required to be authorized, or
registered or required to be registered, under chapter 431 or 432, or holding a
certificate of authority under chapter 432D.  A licensee shall not be subject
to part II of this article if the licensee is an employee, agent, or other
representative of another licensee acting as the principal if:



(1)  The principal otherwise complies with, and
provides the notices required by this article; and



(2)  The licensee does not disclose any nonpublic
personal financial information to any person other than to the principal or its
affiliates in a manner permitted by this article.



"Licensee"
includes an unauthorized insurer that accepts business placed through a
licensed surplus lines broker in this State, but only in regard to the surplus
lines placements under article 8, chapter 431.  A surplus lines broker or
surplus lines insurer shall be deemed to be in compliance with part II of this
article if:



(1)  The broker or insurer does not disclose nonpublic
personal financial information of a consumer or a customer to nonaffiliated
third parties for any purpose, including joint servicing or marketing under
section 431:3A-401, except as permitted by sections 431:3A-402 and 431:3A-403;
and



(2)  The broker or insurer delivers a notice to the
consumer at the time a customer relationship is established on which the
following is printed in sixteen point type:



 



"PRIVACY NOTICE:  NEITHER THE U.S.
BROKERS THAT HANDLED THIS INSURANCE NOR THE INSURERS THAT HAVE UNDERWRITTEN
THIS INSURANCE WILL DISCLOSE NONPUBLIC PERSONAL FINANCIAL INFORMATION
CONCERNING THE BUYER TO NONAFFILIATES OF THE BROKERS OR INSURERS EXCEPT AS
PERMITTED BY LAW."



 



"Nonaffiliated
third party" means any person except:



(1)  A licensee’s
affiliate; or



(2)  A person employed jointly by a licensee and any
company that is not the licensee’s affiliate; provided that for purposes of
this paragraph, a nonaffiliated third party includes the other company that
jointly employs the person.



"Nonaffiliated
third party" includes any company that is an affiliate solely by virtue of
the direct or indirect ownership or control of the company by the licensee or
its affiliate in conducting merchant banking or investment banking activities
of the type described in section 4(k)(4)(H) of the federal Bank Holding Company
Act, Title 12 United States Code section 1843(k)(4)(H), as amended, or insurance
company investment activities of the type described in the federal Bank Holding
Company Act, Title 12 United States Code section 1843(k)(4)(H) and (I).



"Nonpublic
personal financial information" means:



(1)  Personally identifiable financial information;
and



(2)  Any list, description, or other grouping of
consumers and publicly available information pertaining to them, that is
derived using any personally identifiable financial information that is not
publicly available.



"Nonpublic
personal financial information" shall not include health
information, publicly available information except as included on a list
described under paragraph (2) of this definition, or any list, description, or
other grouping of consumers and publicly available information pertaining to
them that is derived without using any personally identifiable financial
information that is not publicly available.



"Opt
out" means a direction by a consumer that a licensee not disclose
nonpublic financial information about that consumer to a nonaffiliated third
party, other than as permitted by part IV of this article.



"Personally
identifiable financial information" means any information:



(1)  Provided by a consumer to a licensee to obtain an
insurance product or service from the licensee;



(2)  About a consumer resulting from a transaction
involving an insurance product or service between a licensee and a consumer; or



(3)  The licensee otherwise obtains about a consumer
in connection with providing a service to that consumer.



"Personally
identifiable financial information" shall not include:



(1)  Health information;



(2)  A list of names and addresses of customers of an
entity that is not a financial institution; or



(3)  Information that does not identify a consumer,
such as aggregate information or blind data that does not contain personal
identifiers such as account numbers, names, or addresses.



"Producer" means a person required to
be licensed under the laws of this State to sell, solicit, or negotiate
insurance.



"Publicly available information"
means any information that a licensee has a reasonable basis to believe is
lawfully made available to the general public from:



(1)  Federal, state, or local government records;



(2)  Widely distributed media; or



(3)  Disclosures to the general public that are
required to be made by federal, state, or local law.



For purpose of this definition, a licensee has a
reasonable basis to believe that information is lawfully made available to the
general public if the licensee has taken steps to determine that:



(1)  The information is of the type that is available
to the general public; and



(2)  The licensee's consumer has made the information
available to the general public, for information that is of a nature that an
individual can direct not be made available to the general public. [L 2001, c 220, pt of §1; am L 2003, c 212, §30]