Code of Virginia - Title 38.2 Insurance - Chapter 6 Insurance Information And Privacy Protection

38.2-600 Purposes
The purposes of this chapter are to: 1. Establish standards for the collection, use, and disclosure of information gathered in connection with insurance transactions by ...
38.2-601 Application of chapter
A. The obligations imposed by this chapter shall apply to those insurance institutions, agents or insurance-support organizations that: 1. In the case of life or ...
38.2-602 Definitions
As used in this chapter: "Adverse underwriting decision" means: 1. Any of the following actions with respect to insurance transactions involving insurance coverage that is ...
38.2-603 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 transaction. ...
38.2-604 Notice of information collection and disclosure practices
A. An insurance institution or agent shall provide a notice of insurance information practices to all applicants or policyholders in connection with insurance transactions as ...
38.2-604.1 Notice of financial information collection and disclosure practices
A. An insurance institution or agent shall provide clear and conspicuous notice of financial information collection and disclosure practices in connection with insurance transactions as ...
38.2-605 Marketing and research surveys
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 ...
38.2-606 Content of disclosure authorization forms
Notwithstanding any other provision of law of this Commonwealth, no insurance institution, agent, or insurance-support organization shall utilize as its disclosure authorization form in connection ...
38.2-607 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 transaction ...
38.2-608 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 information ...
38.2-609 Correction, amendment, or deletion of recorded personal information
A. Within thirty business days from the date of receipt of a written request from an individual to correct, amend, or delete any recorded personal ...
38.2-610 Notice of adverse underwriting decision; furnishing reasons for decisions and sources of informatio...
A. In the event of an adverse underwriting decision, including those that involve policies referred to in subdivision 1 of subsection E of § 38.2-2114 ...
38.2-611 Information concerning previous adverse underwriting decisions
No insurance institution, agent, or insurance-support organization may seek information in connection with an insurance transaction concerning: (i) any previous adverse underwriting decision experienced by ...
38.2-612 Bases for 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 adverse ...
38.2-612.1 Special requirements for providing financial information to nonaffiliated third parties
A. Except as otherwise provided in § 38.2-613, no insurance institution, agent, or insurance-support organization may, directly or through an affiliate, disclose to a nonaffiliated ...
38.2-612.2 Protection of the Fair Credit Reporting Act
Nothing in this chapter shall be construed to modify, limit, or supersede the operation of the federal Fair Credit Reporting Act (15 U.S.C. § 1681 ...
38.2-613 Disclosure limitations and conditions
A. An insurance institution, agent, or insurance-support organization shall not disclose any medical-record information or privileged information about an individual collected or received in connection ...
38.2-613.01 Commission to promulgate regulations on disclosure of certain medical test results to insurance app...
Pursuant to the authority granted by §§ 38.2-223 and 38.2-3100.1, the Commission shall promulgate such regulations as may be necessary or appropriate to ensure that ...
38.2-613.1 Disclosure of agent's moratorium required
If a duly appointed agent of an insurer proposes to place a policy of motor vehicle insurance as defined in § 38.2-2212 with another insurer ...
38.2-613.2 Information security program
A. Each insurance institution, agent, and insurance-support organization shall implement a comprehensive written information security program that includes administrative, technical, and physical safeguards for the ...
38.2-614 Powers of Commission
A. The Commission shall have the power to examine and investigate the affairs of any insurance institution or agent doing business in this Commonwealth to ...
38.2-615 Hearings and procedures
A. Whenever the Commission has reason to believe that an insurance institution, agent or insurance-support organization has been or is engaged in conduct in this ...
38.2-616 Service of process on insurance-support organizations
For the purpose of this chapter, an insurance-support organization transacting business outside this Commonwealth that has an effect on a person residing in this Commonwealth ...
38.2-617 Individual remedies
A. If any insurance institution, agent, or insurance-support organization fails to comply with §§ 38.2-608, 38.2-609, or § 38.2-610, any person whose rights granted under ...
38.2-618 Immunity of persons disclosing 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 information ...
38.2-619 Obtaining information under false pretenses
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 ...
38.2-620 Effective date
The rights granted under §§ 38.2-608, 38.2-609 and 38.2-613 of this chapter shall take effect on January 1, 1982, regardless of the date of the ...

Last modified: April 3, 2009