 |
D.C. Municipal Regulations (Last Updated: September 13, 2017) |
 |
Title 26. INSURANCE, SECURITIES, AND BANKING |
|
SubTilte 26-A. INSURANCE |
|
Chapter 26-A36. PRIVACY OF CONSUMER FINANCIAL INFORMATION |
Section 26-A3699. DEFINITIONS
-
Affiliate means any company that controls, is controlled by, or is under common control with another company.
Clear and conspicuous means that a notice is 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 on a personally identifiable basis, irrespective of the source of the underlying information.
Company means any corporation, limited liability company, business trust, general or limited partnership, association or similar organization.
Consumer means an individual who 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, or that individual's legal representative. Examples of a consumer includes:
(a)An individual who provides nonpublic personal information in connection with obtaining or seeking to obtain financial, investment or economic advisory services relating to an insurance product or service to be used primarily for personal, family or household purposes is a consumer regardless of whether the licensee establishes an ongoing relationship. However, such an individual is not a "consumer" if the nonpublic personal information obtained by the licensee is not otherwise used, compiled, or transferred.
(b)An applicant for insurance prior to the inception of insurance coverage;
(c)An individual who has an insurance policy even if the licensee:
(1)Hires an agent to collect on the policy,
(2)Sells the rights to service the insurance policy, or
(3)Bought the insurance policy from the company that originated the insurance policy.
An individual is a licensee's consumer if:
(a)
(1)The individual is a beneficiary of a life insurance policy underwritten by the licensee;
(2)The individual is a claimant under an insurance policy issued by the licensee;
(3)The individual is an insured or an annuitant under an insurance policy or an annuity, respectively, issued by the licensee; or
(4)The individual is a mortgagor of a mortgage covered under a mortgage insurance policy; and
(b)The licensee discloses nonpublic personal information about the individual other than as permitted under §§ 3606, 3607 and 3608 of this regulation.
An individual is not a consumer solely because the licensee processes information about the individual on behalf of a financial institution that issued the insurance policy to the individual.
An individual is not a consumer if the licensee provides benefits to the individual as beneficiary or participant of a commercial insurance policy, workers compensation policy professional liability insurance policy, an employee benefit plan, group or blanket insurance policy or group annuity contract.
Consumer reporting agency has the same meaning as in section 603(f) of the Fair Credit Reporting Act (15 U.S.C. 1681a(f)).
Control of a company means:
(a)Ownership, control, or power to vote 25 percent 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;
(b)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
(c)The power to exercise, directly or indirectly, a controlling influence over the management or policies of the company, as determined by the Commissioner.
Customer means a consumer who has a customer relationship with a licensee. In no event, however shall a beneficiary or claimant under a policy of insurance solely by virtue of their status as a beneficiary or claimant, be deemed to be a customer for the purposes of this regulation.
Customer information means the same as nonpublic personal information, and applies whether in paper, electronic or other form, that is maintained by or on behalf of the licensee.
Customer information systems means the electronic or physical methods used to access, collect, store, use, transmit, protect or dispose of customer information.
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. A consumer has a continuing relationship with a licensee if the consumer:
(a)Is a current policyholder of an insurance product or other product from or through a licensee;
(b)Holds an investment product through a licensee; or
(c)Obtains financial, insurance, investment or economic advisory services from a licensee for a fee.
A consumer does not, however, have a continuing relationship with a licensee if:
(a)The consumer only obtains an insurance policy or service in an isolated transaction, such as an inquiry about a claims handling phone number for an insurance policy not issued, sold, or supported in any way by a licensee;
(b)A licensee sells the consumer's insurance policy and does not retain the rights to service the policy;
(c)A licensee sells the consumer travel insurance in an isolated transaction;
(d)A consumer applies for insurance, but does not purchase the insurance;
(e)The consumer is a beneficiary or claimant under a policy and has submitted a claim under a policy choosing a settlement option involving an ongoing relationship with a licensee;
(f)The consumer is a beneficiary or claimant under a policy and has submitted a claim under that policy choosing a lump sum settlement option;
(g)The customer's policy is lapsed, expired, or otherwise inactive or dormant under the licensee's business practices, and the licensee has not communicated with the customer about the relationship for a period of twelve (12) consecutive months, other than annual privacy notices, material required by law or regulation, communication at the direction of a state or federal authority, or promotional materials;
(h)The individual is an insured or annuitant under an insurance policy or annuity, respectively, but is not the policyholder or owner of the insurance policy or annuity;
(i)For the purposes of this regulation, the individual's last known address according to the licensee's records is deemed invalid. An address of record is deemed invalid if mail sent to that address by the licensee has been returned by the postal authorities as undeliverable and if subsequent attempts by the licensee to obtain a current valid address for the individual have been unsuccessful; or
(j)The individual is no longer a current policyholder of an insurance product or no longer obtains insurance services with or through the licensee.
Financial institution means any institution the business of which is engages in activities that are financial in nature or incidental to such financial activities as described in Section 4(k) of the Bank Holding Company Act of 1956 (12 U.S. C. 1843(k)).
Financial institution does not include:
(a)Any person or entity with respect to any financial activity that is subject tot he jurisdiction of the commodity Futures Trading Commission under the Commodity exchange Act (7 U.S. C. 1 et seq.);
(b)The Federal Agricultural Mortgage Corporation or any entity charged and operating under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.); or
(c)Institutions chartered by Congress specifically to engage in securitizations, secondary market sales (including sales of servicing rights) or similar transactions related to a transaction of a consumer, as long as the institutions do not sell or transfer personal information to an nonaffiliated third party.
Financial product or service means a product or service that a financial holding company could offer by engaging in an activity that is financial in nature or incidental to such a financial activity under Section 4(k) of Bank Holding Company Act 1956 (12 U.S.C. § 1843(k)). Financial 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.
Financial service includes a licensee's evaluation or brokerage of information that the licensee 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:
(a)The past, present or future physical, mental or behavioral health or condition of an individual;
(b)The provision of health care to an individual; or
(c)The payment of the provision of health care to an individual.
Licensee means all licensed insurers, producers, and other persons licensed or required to be licensed pursuant to the insurance laws and regulations of the District of Columbia.
(a)A licensee is not subject to the notice and opt out requirements for nonpublic personal information set in this regulation if the licensee is an employee, agent or
(b)other representative of another licensee ("the principal") and:
(1)The principal otherwise complies with, and provides the notices required by, the provisions of this regulation; and
(2)The licensee does not disclose any nonpublic personal information to any person other than the principal or its affiliates in a manner permitted by this regulation.
Nonaffiliated third party means any person except:
(a)The licensee's affiliate; or
(b)A person employed jointly by the licensee and any company that is not the licensee's affiliate, but nonaffiliated third party includes the other company that jointly employs the person.
(c)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) or insurance company investment activities of the type described in section 4(k)(4)(I) of the Bank Holding Company Act (12 U.S.C. 1843(k)(4)(H) and (I)).
Nonpublic personal health information means health information:
(a)That identifies an individual who is the subject of the information; or
(b)With respect to which there is a reasonable basis to believe that the information could be used to identify an individual.
Nonpublic personal information means personally identifiable financial information and any list, description or other grouping of consumers (and publicly available information pertaining to them) that is derived using any personally identifiable financial information other than publicly available information. Nonpublic personal information does not include:
(a)Publicly available information, except as provided in this paragraph.
(b)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, other than publicly available information.
(c)Health information.
Nonpublic personal information includes:
(a)Any list of individuals 'names and street addresses that is derived using personally identifiable financial information, other than publicly available information, such as account numbers.
(b)Nonpublic personal information does not include any list of individual's names and addresses that contains only publicly available information, is not derived using personally identifiable financial information, other than publicly available information, either in whole or in part, and is not disclosed in a manner that indicates that any of the individuals on the list is a consumer of a financial institution.
Personally identifiable financial information means any information:
(a)Provided by a consumer to a licensee to obtain an insurance product or service from the licensee;
(b)About a consumer resulting from any transaction involving a financial products or service between a licensee and a consumer; or
(c)A licensee otherwise obtains about a consumer in connection with providing a financial product or service to that consumer.
(d)Personally identifiable financial information includes:
(1)Information a consumer provides to a license on an application to obtain and insurance or other financial product or service;
(2)Account balance information, payment history, and other payment information;
(3)The fact that an individual is or has been one or a licensee's customers or has obtained an insurance or other financial service from a licensee, unless that fact is derived using only publicly available information;
(4)Other information about the licensee's consumer if it is disclosed in a manner that indicates the individual is or has been the licensee's consumer;
(5)Any information provided by a consumer or otherwise obtained by the licensee in connection with collecting on an insurance policy or servicing a policy; and
(6)Information from a consumer report.
(e)Personally identifiable financial information does not include:
(1)A list of names and addresses of customers of an entity that is not financial institution;
(2)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; and
(3)Health information
Producer means the particular broker or agent dealing directly with the party seeking 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:
(a)Federal, State, District of Columbia or local government records;
(b)Widely distributed media;
(c)Disclosures to the general public that are required to be made by Federal, State, District of Columbia or local law;
(d)Publicly available information contained in government records includes information contained in government real estate records and security interest filings; or
(e)Publicly available information from widely distributed media includes information from a telephone book, a television or radio program, a newspaper or an internet site that is available to the general public without requiring a password or similar restriction. An Internet site is not restricted merely because an Internet service provider or a site operator requires a fee or a password, so long as access is available to the general public.
Service provider means a person that maintains, processes or otherwise is permitted access to customer information through its provision of services directly to the licensee.