77990438.2-604Virginia Decodedhttps://vacode.org2016InsuranceInsurance Information And Privacy ProtectionNotice of information collection and disclosure practices1981, c. 389, § 38.1-57.7; 1986, c. 562; 2001, c. 371; 2002, c. 76; 2003, c. 266.http://law.lis.virginia.gov/vacode/38.2-604/38.2-613Disclosure limitations and conditions/38.2-613//38.2-604/38.2/6/38.2-60438.2-604.1An insurance institution or agent shall provide a notice of insurance information practices to all applicants or policyholders in connection with insurance transactions as provided in this section:sectionAA1 In the case of an application for insurance a notice shall be provided no later than:
sectionA1A12 At the time of the delivery of the insurance policy or certificate when personal information is collected only from the applicant or from public records;sectionA1aA1a3 At the time the collection of personal information is initiated when personal information is collected from a source other than the applicant or public records; orsectionA1bA1b3 Notwithstanding the provisions of subdivision 1 b of subsection A, when an application for insurance is made by telephone and personal information is collected from a source other than the applicant or public records, the notice of insurance information practices may be given orally at the time of application, provided that, if a policy is issued, such notice is given in writing or, if the applicant agrees, in electronic format, no later than at the time of the delivery of the insurance policy or certificate.sectionA1cA1c3 In the case of a policy renewal, a notice shall be provided no later than the policy renewal date, except that no notice shall be required in connection with a policy renewal if:
sectionA2A22 Personal information is collected only from the policyholder or from public records; orsectionA2aA2a3 A notice meeting the requirements of this section has been given within the previous 24 months; orsectionA2bA2b3 In the case of a policy reinstatement or change in insurance benefits, a notice shall be provided no later than the time a request for a policy reinstatement or change in insurance benefits is received by the insurance institution, except that no notice shall be required if personal information is collected only from the policyholder or from public records.sectionA3A32The notice required by subsection A of this section shall be in writing or, if the applicant or policyholder agrees, in electronic format, and shall state:sectionBB1 Whether personal information may be collected from persons other than an individual proposed for coverage;sectionB1B12 The types of personal information that may be collected and the types of sources and investigative techniques that may be used to collect such information;sectionB2B22 The types of disclosures made under subdivisions 1, 2, 3, 4, 5, 8, 10, and 12 of subsection B and subdivision 2 of subsection C of § 38.2-613 and the circumstances under which such disclosures may be made without prior authorization, however only those circumstances need be described that occur with such frequency as to indicate a general business practice;sectionB3B32 A description of the rights established under §§ 38.2-608 and 38.2-609 and the manner in which those rights may be exercised; andsectionB4B42 That information obtained from a report prepared by an insurance-support organization may be retained by the insurance-support organization and disclosed to other persons.sectionB5B52Instead of the notice prescribed in subsection B of this section, the insurance institution or agent may provide an abbreviated notice in writing or, if the applicant or policyholder agrees, in electronic format, informing the applicant or policyholder that:sectionCC1 Personal information may be collected from persons other than an individual proposed for coverage;sectionC1C12 The information, as well as other personal or privileged information subsequently collected by the insurance institution or agent, in certain circumstances, may be disclosed to third parties without authorization;sectionC2C22 A right of access and correction exists with respect to all personal information collected; andsectionC3C32 The notice prescribed in subsection B of this section will be furnished to the applicant or policyholder upon request.sectionC4C42The obligations imposed by this section upon an insurance institution or agent may be satisfied by another insurance institution or agent authorized to act on its behalf.sectionDD1An insurance agent shall not be subject to the requirements of this section in any instance where the insurance institution on whose behalf the agent is acting otherwise complies with the requirements contained herein, and the agent does not disclose any personal information to any person other than the insurance institution or its affiliates, or as permitted by § 38.2-613.sectionEE1An insurance agent seeking to place coverage on behalf of a current policyholder shall be deemed to be in compliance with the requirements of this section in any instance where the agent has provided the notice required by this section within the previous 12 months.sectionGG1