Sec. 38a-984. (Formerly Sec. 38-509). Correction, amendment or deletion of recorded personal information.
Sec. 38a-984. (Formerly Sec. 38-509). Correction, amendment or deletion of
recorded personal information. (a) Not later than thirty business days from the date
of receipt of a written request from an individual to correct, amend or delete any recorded
personal information concerning the individual within its possession, an insurance institution, agent or insurance-support organization shall: (1) Correct, amend or delete the
portion of the recorded personal information in dispute; or (2) notify the individual of:
(A) Its refusal to make such 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)
of this section.
(b) If the insurance institution, agent or insurance-support organization corrects,
amends or deletes recorded personal information in accordance with subdivision (1) of
subsection (a) of this section, it shall so notify the individual in writing and furnish the
correction, amendment or fact of deletion to: (1) Any person specifically designated by
the individual who may have, within the preceding two years, received such recorded
personal information; (2) any insurance-support organization whose primary source of
personal information is insurance institutions if such organization has systematically
received such information from the insurance institution within the preceding seven
years; provided that the correction, amendment or deletion need not be furnished if
the organization no longer maintains the information about the individual; and (3) any
insurance-support organization that furnished the personal information that has been
corrected, amended or deleted.
(c) Whenever an individual disagrees with an institution's, agent's or organization's
refusal to correct, amend or delete recorded personal information, the individual shall
be permitted to file with the institution, agent or organization: (1) A concise statement
specifying what the individual believes to be the correct, relevant or fair information,
and (2) a concise statement of the reasons the individual disagrees with the institution's,
agent's or organization's refusal to correct, amend or delete recorded personal information.
(d) In the event an individual files either statement as described in subsection (c)
of this section, the insurance institution, agent or support organization shall: (1) File the
statement with the disputed personal information and provide a means by which anyone
reviewing such information will be cognizant of the individual's statement and have
access to it, (2) in any subsequent disclosure by the institution, agent or 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 information
being disclosed, and (3) furnish the statement to the persons in the manner specified in
subsection (b) of this section.
(e) The rights granted to individuals in this section shall extend to all individuals
to the extent information concerning such individuals is collected and maintained by
an insurance institution, agent or insurance-support organization in connection with an
insurance transaction, except with respect to information that relates to and is collected in
connection with or in reasonable anticipation of, a claim or a civil or criminal proceeding
involving such individuals.
(f) For purposes of this section, the term "insurance-support organization" does not
include "consumer reporting agency".
(P.A. 81-368, S. 10, 25; P.A. 82-21, S. 3; P.A. 08-110, S. 5.)
History: P.A. 82-21 specified that provisions apply to personal or privileged information collected or received before
or after October 1, 1982; Sec. 38-509 transferred to Sec. 38a-984 in 1991; P.A. 08-110 made technical changes in Subsecs.
(a) and (e), effective May 27, 2008.