§ 38.2-609. Correction, amendment, or deletion of recorded personalinformation.
A. Within thirty business days from the date of receipt of a written requestfrom an individual to correct, amend, or delete any recorded personalinformation about the individual within its possession, an insuranceinstitution, agent, or insurance-support organization shall either:
1. Correct, amend, or delete the portion of the recorded personal informationin dispute; or
2. Notify the individual of:
a. Its refusal to make the correction, amendment, or deletion;
b. The reasons for the refusal; and
c. The individual's right to file a statement as provided in subsection C ofthis section.
B. If the insurance institution, agent, or insurance-support organizationcorrects, amends, or deletes recorded personal information in accordance withsubdivision 1 of subsection A of this section, the insurance institution,agent, or insurance-support organization shall so notify the individual inwriting and furnish the correction, amendment, or fact of deletion to:
1. Any person specifically designated by the individual who, within thepreceding two years, may have received the recorded personal information;
2. Any insurance-support organization whose primary source of personalinformation is insurance institutions if the insurance-support organizationhas systematically received the recorded personal information from theinsurance institution within the preceding seven years. The correction,amendment, or fact of deletion need not be furnished if the insurance-supportorganization no longer maintains recorded personal information about theindividual; and
3. Any insurance-support organization that furnished the personal informationthat has been corrected, amended, or deleted.
C. Whenever an individual disagrees with an insurance institution's, agent's,or insurance-support organization's refusal to correct, amend, or deleterecorded personal information, the individual shall be permitted to file withthe insurance institution, agent, or insurance-support organization:
1. A concise statement setting forth what the individual thinks is thecorrect, relevant, or fair information; and
2. A concise statement of the reasons why the individual disagrees with theinsurance institution's, agent's, or insurance-support organization's refusalto correct, amend, or delete recorded personal information.
D. In the event an individual files either statement as described insubsection C of this section, the insurance institution, agent, or supportorganization shall:
1. File the statement with the disputed personal information and provide ameans by which anyone reviewing the disputed personal information will bemade aware of the individual's statement and have access to it; and
2. In any subsequent disclosure by the insurance institution, agent, orsupport organization of the recorded personal information that is the subjectof disagreement, clearly identify the matter or matters in dispute andprovide the individual's statement along with the recorded personalinformation being disclosed; and
3. Furnish the statement to the persons and in the manner specified insubsection B of this section.
E. The rights granted to individuals in this section shall extend to allnatural persons to the extent information about them is collected andmaintained by an insurance institution, agent, or insurance-supportorganization in connection with an insurance transaction. The rights grantedto all natural persons by this subsection shall not extend to informationabout them that relates to and is collected in connection with or inreasonable anticipation of a claim or civil or criminal proceeding involvingthem.
F. For purposes of this section, the term "insurance-support organization"does not include "consumer reporting agency."
§ 38.2-609. Correction, amendment, or deletion of recorded personalinformation.
A. Within thirty business days from the date of receipt of a written requestfrom an individual to correct, amend, or delete any recorded personalinformation about the individual within its possession, an insuranceinstitution, agent, or insurance-support organization shall either:
1. Correct, amend, or delete the portion of the recorded personal informationin dispute; or
2. Notify the individual of:
a. Its refusal to make the correction, amendment, or deletion;
b. The reasons for the refusal; and
c. The individual's right to file a statement as provided in subsection C ofthis section.
B. If the insurance institution, agent, or insurance-support organizationcorrects, amends, or deletes recorded personal information in accordance withsubdivision 1 of subsection A of this section, the insurance institution,agent, or insurance-support organization shall so notify the individual inwriting and furnish the correction, amendment, or fact of deletion to:
1. Any person specifically designated by the individual who, within thepreceding two years, may have received the recorded personal information;
2. Any insurance-support organization whose primary source of personalinformation is insurance institutions if the insurance-support organizationhas systematically received the recorded personal information from theinsurance institution within the preceding seven years. The correction,amendment, or fact of deletion need not be furnished if the insurance-supportorganization no longer maintains recorded personal information about theindividual; and
3. Any insurance-support organization that furnished the personal informationthat has been corrected, amended, or deleted.
C. Whenever an individual disagrees with an insurance institution's, agent's,or insurance-support organization's refusal to correct, amend, or deleterecorded personal information, the individual shall be permitted to file withthe insurance institution, agent, or insurance-support organization:
1. A concise statement setting forth what the individual thinks is thecorrect, relevant, or fair information; and
2. A concise statement of the reasons why the individual disagrees with theinsurance institution's, agent's, or insurance-support organization's refusalto correct, amend, or delete recorded personal information.
D. In the event an individual files either statement as described insubsection C of this section, the insurance institution, agent, or supportorganization shall:
1. File the statement with the disputed personal information and provide ameans by which anyone reviewing the disputed personal information will bemade aware of the individual's statement and have access to it; and
2. In any subsequent disclosure by the insurance institution, agent, orsupport organization of the recorded personal information that is the subjectof disagreement, clearly identify the matter or matters in dispute andprovide the individual's statement along with the recorded personalinformation being disclosed; and
3. Furnish the statement to the persons and in the manner specified insubsection B of this section.
E. The rights granted to individuals in this section shall extend to allnatural persons to the extent information about them is collected andmaintained by an insurance institution, agent, or insurance-supportorganization in connection with an insurance transaction. The rights grantedto all natural persons by this subsection shall not extend to informationabout them that relates to and is collected in connection with or inreasonable anticipation of a claim or civil or criminal proceeding involvingthem.
F. For purposes of this section, the term "insurance-support organization"does not include "consumer reporting agency."
§ 38.2-609. Correction, amendment, or deletion of recorded personalinformation.
A. Within thirty business days from the date of receipt of a written requestfrom an individual to correct, amend, or delete any recorded personalinformation about the individual within its possession, an insuranceinstitution, agent, or insurance-support organization shall either:
1. Correct, amend, or delete the portion of the recorded personal informationin dispute; or
2. Notify the individual of:
a. Its refusal to make the correction, amendment, or deletion;
b. The reasons for the refusal; and
c. The individual's right to file a statement as provided in subsection C ofthis section.
B. If the insurance institution, agent, or insurance-support organizationcorrects, amends, or deletes recorded personal information in accordance withsubdivision 1 of subsection A of this section, the insurance institution,agent, or insurance-support organization shall so notify the individual inwriting and furnish the correction, amendment, or fact of deletion to:
1. Any person specifically designated by the individual who, within thepreceding two years, may have received the recorded personal information;
2. Any insurance-support organization whose primary source of personalinformation is insurance institutions if the insurance-support organizationhas systematically received the recorded personal information from theinsurance institution within the preceding seven years. The correction,amendment, or fact of deletion need not be furnished if the insurance-supportorganization no longer maintains recorded personal information about theindividual; and
3. Any insurance-support organization that furnished the personal informationthat has been corrected, amended, or deleted.
C. Whenever an individual disagrees with an insurance institution's, agent's,or insurance-support organization's refusal to correct, amend, or deleterecorded personal information, the individual shall be permitted to file withthe insurance institution, agent, or insurance-support organization:
1. A concise statement setting forth what the individual thinks is thecorrect, relevant, or fair information; and
2. A concise statement of the reasons why the individual disagrees with theinsurance institution's, agent's, or insurance-support organization's refusalto correct, amend, or delete recorded personal information.
D. In the event an individual files either statement as described insubsection C of this section, the insurance institution, agent, or supportorganization shall:
1. File the statement with the disputed personal information and provide ameans by which anyone reviewing the disputed personal information will bemade aware of the individual's statement and have access to it; and
2. In any subsequent disclosure by the insurance institution, agent, orsupport organization of the recorded personal information that is the subjectof disagreement, clearly identify the matter or matters in dispute andprovide the individual's statement along with the recorded personalinformation being disclosed; and
3. Furnish the statement to the persons and in the manner specified insubsection B of this section.
E. The rights granted to individuals in this section shall extend to allnatural persons to the extent information about them is collected andmaintained by an insurance institution, agent, or insurance-supportorganization in connection with an insurance transaction. The rights grantedto all natural persons by this subsection shall not extend to informationabout them that relates to and is collected in connection with or inreasonable anticipation of a claim or civil or criminal proceeding involvingthem.
F. For purposes of this section, the term "insurance-support organization"does not include "consumer reporting agency."
