§ 58‑39‑50. Correction, amendment, or deletion of recorded personal information.
(a) Within 30 businessdays from the date of receipt of a written request from an individual tocorrect, amend, or delete any recorded personal information about the individualwithin its possession, an insurance institution, agent, or insurance‑supportorganization shall either:
(1) Correct, amend, ordelete the portion of the recorded personal information in dispute; or
(2) Notify theindividual of:
a. Its refusal to makesuch correction, amendment, or deletion;
b. The reasons for therefusal; and
c. The individual'sright to file a statement as provided in subsection (c) of this section.
(b) If the insuranceinstitution, agent, or insurance‑support organization corrects, amends,or deletes recorded personal information in accordance with subdivision (a)(1)of this section, the insurance institution, agent, or insurance‑supportorganization shall so notify the individual in writing and furnish thecorrection, amendment, or fact of deletion to:
(1) Any personspecifically designated by the individual who, within the preceding two years,may have received such recorded personal information;
(2) Any insurance‑supportorganization whose primary source of personal information is insuranceinstitutions if the insurance‑support organization has systematicallyreceived such recorded personal information from the insurance institutionwithin the preceding seven years. The correction, amendment, or fact ofdeletion need not be furnished if the insurance‑support organization nolonger maintains recorded personal information about the individual; and
(3) Any insurance‑supportorganization that furnished the personal information that has been corrected,amended, or deleted.
(c) Whenever an individualdisagrees with an insurance institution's, agent's, or insurance‑supportorganization's refusal to correct, amend, or delete recorded personalinformation, the individual shall be permitted to file with the insuranceinstitution, agent, or insurance‑support organization:
(1) A concise statementsetting forth what the individual thinks is the correct, relevant, or fairinformation; and
(2) A concise statementof the reasons why the individual disagrees with the insurance institution's,agent's, or insurance‑support organization's refusal to correct, amend,or delete recorded personal information.
(d) In the event anindividual files either statement as described in subsection (c) of thissection, the insurance institution, agent, or support organization shall:
(1) File the statementwith the disputed personal information and provide a means by which anyonereviewing the disputed personal information will be made aware of theindividual's statement and have access to it; and
(2) In any subsequentdisclosure by the insurance institution, agent, or support organization of therecorded personal information that is the subject of disagreement, clearlyidentify the matter or matters in dispute and provide the individual'sstatement along with the recorded personal information being disclosed; and
(3) Furnish thestatement to the persons and in the manner specified in subsection (b) of thissection.
(e) The rights grantedto individuals in this section shall extend to all natural persons to theextent information about them is collected and maintained by an insuranceinstitution, agent, or insurance‑support organization in connection withan insurance transaction. The rights granted to all natural persons by thissubsection shall not extend to information about them that relates to and iscollected in connection with or in reasonable anticipation of a claim or civilor criminal proceeding involving them.
(f) For purposes ofthis section, the term, "insurance‑support organization" doesnot include the term, "consumer reporting agency." (1981, c. 846, s. 1; 1991, c.720, s. 74; 2003‑262, s. 2(1).)
§ 58‑39‑50. Correction, amendment, or deletion of recorded personal information.
(a) Within 30 businessdays from the date of receipt of a written request from an individual tocorrect, amend, or delete any recorded personal information about the individualwithin its possession, an insurance institution, agent, or insurance‑supportorganization shall either:
(1) Correct, amend, ordelete the portion of the recorded personal information in dispute; or
(2) Notify theindividual of:
a. Its refusal to makesuch correction, amendment, or deletion;
b. The reasons for therefusal; and
c. The individual'sright to file a statement as provided in subsection (c) of this section.
(b) If the insuranceinstitution, agent, or insurance‑support organization corrects, amends,or deletes recorded personal information in accordance with subdivision (a)(1)of this section, the insurance institution, agent, or insurance‑supportorganization shall so notify the individual in writing and furnish thecorrection, amendment, or fact of deletion to:
(1) Any personspecifically designated by the individual who, within the preceding two years,may have received such recorded personal information;
(2) Any insurance‑supportorganization whose primary source of personal information is insuranceinstitutions if the insurance‑support organization has systematicallyreceived such recorded personal information from the insurance institutionwithin the preceding seven years. The correction, amendment, or fact ofdeletion need not be furnished if the insurance‑support organization nolonger maintains recorded personal information about the individual; and
(3) Any insurance‑supportorganization that furnished the personal information that has been corrected,amended, or deleted.
(c) Whenever an individualdisagrees with an insurance institution's, agent's, or insurance‑supportorganization's refusal to correct, amend, or delete recorded personalinformation, the individual shall be permitted to file with the insuranceinstitution, agent, or insurance‑support organization:
(1) A concise statementsetting forth what the individual thinks is the correct, relevant, or fairinformation; and
(2) A concise statementof the reasons why the individual disagrees with the insurance institution's,agent's, or insurance‑support organization's refusal to correct, amend,or delete recorded personal information.
(d) In the event anindividual files either statement as described in subsection (c) of thissection, the insurance institution, agent, or support organization shall:
(1) File the statementwith the disputed personal information and provide a means by which anyonereviewing the disputed personal information will be made aware of theindividual's statement and have access to it; and
(2) In any subsequentdisclosure by the insurance institution, agent, or support organization of therecorded personal information that is the subject of disagreement, clearlyidentify the matter or matters in dispute and provide the individual'sstatement along with the recorded personal information being disclosed; and
(3) Furnish thestatement to the persons and in the manner specified in subsection (b) of thissection.
(e) The rights grantedto individuals in this section shall extend to all natural persons to theextent information about them is collected and maintained by an insuranceinstitution, agent, or insurance‑support organization in connection withan insurance transaction. The rights granted to all natural persons by thissubsection shall not extend to information about them that relates to and iscollected in connection with or in reasonable anticipation of a claim or civilor criminal proceeding involving them.
(f) For purposes ofthis section, the term, "insurance‑support organization" doesnot include the term, "consumer reporting agency." (1981, c. 846, s. 1; 1991, c.720, s. 74; 2003‑262, s. 2(1).)
§ 58‑39‑50. Correction, amendment, or deletion of recorded personal information.
(a) Within 30 businessdays from the date of receipt of a written request from an individual tocorrect, amend, or delete any recorded personal information about the individualwithin its possession, an insurance institution, agent, or insurance‑supportorganization shall either:
(1) Correct, amend, ordelete the portion of the recorded personal information in dispute; or
(2) Notify theindividual of:
a. Its refusal to makesuch correction, amendment, or deletion;
b. The reasons for therefusal; and
c. The individual'sright to file a statement as provided in subsection (c) of this section.
(b) If the insuranceinstitution, agent, or insurance‑support organization corrects, amends,or deletes recorded personal information in accordance with subdivision (a)(1)of this section, the insurance institution, agent, or insurance‑supportorganization shall so notify the individual in writing and furnish thecorrection, amendment, or fact of deletion to:
(1) Any personspecifically designated by the individual who, within the preceding two years,may have received such recorded personal information;
(2) Any insurance‑supportorganization whose primary source of personal information is insuranceinstitutions if the insurance‑support organization has systematicallyreceived such recorded personal information from the insurance institutionwithin the preceding seven years. The correction, amendment, or fact ofdeletion need not be furnished if the insurance‑support organization nolonger maintains recorded personal information about the individual; and
(3) Any insurance‑supportorganization that furnished the personal information that has been corrected,amended, or deleted.
(c) Whenever an individualdisagrees with an insurance institution's, agent's, or insurance‑supportorganization's refusal to correct, amend, or delete recorded personalinformation, the individual shall be permitted to file with the insuranceinstitution, agent, or insurance‑support organization:
(1) A concise statementsetting forth what the individual thinks is the correct, relevant, or fairinformation; and
(2) A concise statementof the reasons why the individual disagrees with the insurance institution's,agent's, or insurance‑support organization's refusal to correct, amend,or delete recorded personal information.
(d) In the event anindividual files either statement as described in subsection (c) of thissection, the insurance institution, agent, or support organization shall:
(1) File the statementwith the disputed personal information and provide a means by which anyonereviewing the disputed personal information will be made aware of theindividual's statement and have access to it; and
(2) In any subsequentdisclosure by the insurance institution, agent, or support organization of therecorded personal information that is the subject of disagreement, clearlyidentify the matter or matters in dispute and provide the individual'sstatement along with the recorded personal information being disclosed; and
(3) Furnish thestatement to the persons and in the manner specified in subsection (b) of thissection.
(e) The rights grantedto individuals in this section shall extend to all natural persons to theextent information about them is collected and maintained by an insuranceinstitution, agent, or insurance‑support organization in connection withan insurance transaction. The rights granted to all natural persons by thissubsection shall not extend to information about them that relates to and iscollected in connection with or in reasonable anticipation of a claim or civilor criminal proceeding involving them.
(f) For purposes ofthis section, the term, "insurance‑support organization" doesnot include the term, "consumer reporting agency." (1981, c. 846, s. 1; 1991, c.720, s. 74; 2003‑262, s. 2(1).)
