§ 58-39-26. Federal privacy disclosure notice requirements.
§ 58‑39‑26. Federal privacy disclosure notice requirements.
(a) DisclosureRequired. In addition to the notice requirements of G.S. 58‑39‑25,an insurance institution or agent shall provide, to all applicants andpolicyholders no later than (i) before the initial disclosure of personalinformation under G.S. 58‑39‑75(11) or (ii) the time of thedelivery of the insurance policy or certificate, a clear and conspicuousnotice, in written or electronic form, of the insurance institution or agent'spolicies and practices with respect to:
(1) Disclosing nonpublicpersonal information to affiliates and nonaffiliated third parties, consistentwith section 502 of Public Law 106‑102, including the categories ofinformation that may be disclosed.
(2) Disclosing nonpublicpersonal information of persons who have ceased to be customers of thefinancial institution.
(3) Protecting thenonpublic personal information of consumers.
Thesedisclosures shall be made in accordance with the regulations prescribed undersection 505 of Public Law 106‑102.
(b) Information to BeIncluded. The disclosure required by subsection (a) of this section shallinclude:
(1) The policies andpractices of the insurance institution or agent with respect to disclosingnonpublic personal information to nonaffiliated third parties, other thanagents of the insurance institution or agent, consistent with section 502 ofPublic Law 106‑102, and including:
a. The categories ofpersons to whom the information is or may be disclosed, other than the personsto whom the information may be provided under section 502(e) of Public Law 106‑102.
b. The policies andpractices of the insurance institution or agent with respect to disclosing ofnonpublic personal information of persons who have ceased to be customers ofthe insurance institution or agent.
(2) The categories ofnonpublic personal information that are collected by the insurance institutionor agent.
(3) The policies thatthe insurance institution or agent maintains to protect the confidentiality andsecurity of nonpublic personal information in accordance with section 501 ofPublic Law 106‑102.
(4) The disclosuresrequired, if any, under section 603(d)(2)(A)(iii) of the Fair Credit ReportingAct.
(c) In the case of apolicyholder, the notice required by this section shall be provided not lessthan annually during the continuation of the policy. As used in thissubsection, "annually" means at least once in any period of 12consecutive months during which the policy is in effect. (2001‑351, s. 4; 2003‑262,s. 2(1).)