California Insurance Code ARTICLE 6.6 - Insurance Information and Privacy Protection Act

• Section 791.
  The purpose of this article is to establish standards for the collection, use and disclosure of information gathered in connection with insurance transactions by insurance...
• Section 791.01.
  (a) The obligations imposed by this article shall apply to those insurance institutions, agents or insurance-support organizations which, on or after October 1, 1981:(1) In the case...
• Section 791.02.
  As used in this act:(a) (1) “Adverse underwriting decision” means any of the following actions with respect to insurance transactions involving insurance coverage that is individually underwritten:(A) A...
• Section 791.03.
  No insurance institution, agent or insurance-support organization shall use or authorize the use of pretext interviews to obtain information in connection with an insurance transaction;...
• Section 791.04.
  (a) An insurance institution or agent shall provide a notice of information practices to all applicants or policyholders in connection with insurance transactions as provided below:(1) In...
• Section 791.05.
  An insurance institution or agent shall clearly specify those questions designed to obtain information solely for marketing or research purposes from an individual in connection...
• Section 791.06.
  Notwithstanding any other provision of law, no insurance institution, agent or insurance-support organization may utilize as its disclosure authorization form in connection with insurance transactions...
• Section 791.07.
  (a) No insurance institution, agent or insurance-support organization may prepare or request an investigative consumer report about an individual in connection with an insurance transaction involving...
• Section 791.08.
  (a) If any individual, after proper identification, submits a written request to an insurance institution, agent or insurance-support organization for access to recorded personal information about...
• Section 791.09.
  (a) Within 30 business days from the date of receipt of a written request from an individual to correct, amend or delete any recorded personal information...
• Section 791.10.
  (a) In the event of an adverse underwriting decision the insurance institution or agent responsible for the decision shall:(1) Either provide the applicant, policyholder, or individual proposed...
• Section 791.11.
  No insurance institution, agent or insurance-support organization may seek information in connection with an insurance transaction concerning:(a) Any previous adverse underwriting decision experienced by an individual,...
• Section 791.12.
  No insurance institution or agent may base an adverse underwriting decision in whole or in part on the following:(a) On the fact of a previous adverse...
• Section 791.13.
  An insurance institution, agent, or insurance-support organization shall not disclose any personal or privileged information about an individual collected or received in connection with an...
• Section 791.14.
  (a) The commissioner shall have power to examine and investigate into the affairs of every insurance institution or agent doing business in this state to determine...
• Section 791.15.
  (a) Whenever the commissioner has reason to believe that an insurance institution, agent or insurance-support organization has been or is engaged in conduct in this state...
• Section 791.16.
  For the purpose of this article, an insurance-support organization transacting business outside this state that has an effect on a person residing in this state...
• Section 791.17.
  (a) If, after a hearing pursuant to Section 791.15, the commissioner determines that the insurance institution, agent or insurance-support organization charged has engaged in conduct or...
• Section 791.18.
  (a) Any person subject to an order of the commissioner under Section 779.17 or Section 791.20 or any person whose rights under this article were allegedly...
• Section 791.19.
  Any person who violates a cease and desist order of the commissioner under Section 791.17 may, after notice and hearing and upon order of the...
• Section 791.20.
  (a) If any insurance institution, agent or insurance-support organization fails to comply with Section 791.08, 791.09 or 791.10 with respect to the rights granted under those...
• Section 791.21.
  No cause of action in the nature of defamation, invasion of privacy or negligence shall arise against any person for disclosing personal or privileged information...
• Section 791.22.
  Any person who knowingly and willfully obtains information about an individual from an insurance institution, agent or insurance-support organization under false pretenses shall be fined...
• Section 791.23.
  The rights granted under Sections 791.08, 791.09 and 791.13 shall take effect on October 1, 1981, regardless of the date of the collection or receipt...
• Section 791.26.
  Where an authorization from the individual was granted to a nonprofit hospital service plan prior to October 1, 1981, such authorization shall be deemed to...
• Section 791.27.
  (a) A disability insurer that provides coverage for hospital, medical, or surgical expenses shall not release any information to an employer that would directly or indirectly...
• Section 791.28.
  (a) An insurer under a personal lines residential property insurance policy, if it reports the claims history or loss experience of insureds under those policies to...
• Section 791.29.
  (a) Notwithstanding any other law, and to the extent permitted by federal law, a health insurer shall take the following steps to protect the confidentiality of...

Last modified: October 22, 2018