Georgia Code, Title 33, Chapter 39 - Collection, Use, and Disclosure of Information Gathered by Insurance Institutions
- § 33-39-1 - Purpose of Chapter
The purpose of this chapter is to establish standards for the collection, use, and disclosure of information gathered in connection with insurance transactions by...
- § 33-39-2 - Applicability of Obligations Imposed by Chapter; Extension of Rights Granted by Chapter; Applicability of Chapter to Information From Public Records Pertaining to Title Insurance
(a) The obligations imposed by this chapter shall apply to those insurance institutions, agents, or insurance-support organizations which, on or after January 1, 1984:...
- § 33-39-3 - Definitions
As used in this chapter: (1) "Adverse underwriting decision" means: (A) Any of the following actions with respect to insurance transactions involving insurance coverage...
- § 33-39-4 - Pretext Interviews
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...
- § 33-39-5 - Transactions Requiring Notice of Information Practices; Form and Content of Notice; Abbreviated Notice; Satisfaction of Obligations by Another Institution or Agent
(a) An insurance institution or agent shall provide a notice of information practices to all applicants or policyholders in connection with insurance transactions as...
- § 33-39-6 - Specification of Questions Designed to Obtain Marketing or Research Information
An insurance institution or agent shall clearly specify those questions designed to obtain information solely for marketing or research purposes from an individual in...
- § 33-39-7 - Disclosure Authorization Forms Authorizing Disclosure of Personal or Privileged Information
Notwithstanding any other provision of law of this state, no insurance institution, agent, or insurance-support organization may utilize as its disclosure authorization form in...
- § 33-39-8 - Investigative Consumer Reports
(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...
- § 33-39-9 - Access to Recorded Personal Information
(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...
- § 33-39-10 - Requests to Correct, Amend, or Delete Recorded Personal Information
(a) Within 30 business days from the date of receipt of a written request from an individual to correct, amend, or delete any recorded...
- § 33-39-11 - Procedure Upon Adverse Underwriting Decision; Satisfaction of Obligations by Another Institution or Agent; Adverse Decisions Upon Oral Requests or Inquiries
(a) In the event of an adverse underwriting decision the insurance institution or agent responsible for the decision shall: (1) Either provide the applicant,...
- § 33-39-12 - Requests for Information Regarding Previous Adverse Underwriting Decisions or Previous Coverage Obtained Through Residual Market Mechanism
No insurance institution, agent, or insurance-support organization may seek information in connection with an insurance transaction concerning: (1) Any previous adverse underwriting decision experienced...
- § 33-39-13 - Limitation of Adverse Underwriting Decisions
(a) No insurance institution or agent may base an adverse underwriting decision in whole or in part: (1) On the fact of a previous...
- § 33-39-14 - Disclosure of Personal or Privileged Information Received in Connection With Insurance Transactions
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...
- § 33-39-15 - Investigations by Commissioner Into Affairs of Insurance Institutions, Agents, or Insurance-Support Organizations
(a) The Commissioner shall have power to examine and investigate into the affairs of every insurance institution or agent doing business in this state...
- § 33-39-16 - Violations of Chapter -- Service of Statement of Charges and Notice of Hearing; Conduct of Hearing
(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...
- § 33-39-17 - Violations of Chapter -- Commissioner As Appointed to Accept Service on Behalf of Insurance-Support Organization Transacting Business Outside State
For the purpose of this chapter, an insurance-support organization transacting business outside this state which has an effect on a person residing in this...
- § 33-39-18 - Violations of Chapter -- Service of Findings and Cease and Desist Orders of Commissioner; Modification or Setting Aside of Order or Report
(a) If, after a hearing pursuant to Code Section 33-39-16, the Commissioner determines that the insurance institution, agent, or insurance-support organization charged has engaged...
- § 33-39-19 - Violations of Chapter -- Monetary Penalty for Knowing Violations of Chapter; Monetary Penalty for Violation of Cease and Desist Order
(a) In any case where a hearing pursuant to Code Section 33-39-16 results in the finding of a knowing violation of this chapter, the...
- § 33-39-20 - Violations of Chapter -- Order or Report of Commissioner
(a) Any person subject to an order of the Commissioner under Code Section 33-39-18 or Code Section 33-39-19 or any person whose rights under...
- § 33-39-21 - Violations of Chapter -- Equitable Relief; Damages Recoverable; Costs and Attorney's Fees; Statute of Limitations; Limitation on Remedy or Recovery
(a) If any insurance institution, agent, or insurance-support organization fails to comply with Code Section 33-39-9, 33-39-10, or 33-39-11 with respect to the rights...
- § 33-39-22 - Availability of Remedy for Disclosure of Personal, Privileged, or False Information
No cause of action in the nature of defamation, invasion of privacy, or negligence shall arise against any person for disclosing personal or privileged...
- § 33-39-23 - Obtaining of Information Under False Pretenses As Constituting Misdemeanor
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...
Last modified: October 14, 2016