2021 Oregon Revised Statutes
Chapter 746 - Trade Practices
Section 746.640 - Access to recorded personal information.


(a) Inform the individual of the nature and substance of the recorded personal information in writing, by telephone or by other oral communication, whichever the insurer, insurance producer or insurance-support organization prefers;
(b) Permit the individual to see and copy, in person, the recorded personal information or to obtain a copy of the recorded personal information by mail, whichever the individual prefers, unless the recorded personal information is in coded form, in which case an accurate translation in plain language shall be provided in writing;
(c) Disclose to the individual the identity, if recorded, of the persons to whom the insurer, insurance producer or insurance-support organization has disclosed the recorded personal information within two years prior to the request, and if such identity is not recorded, the names of the insurers, insurance producers, insurance-support organizations and other persons to whom such information is normally disclosed; and
(d) Provide the individual with a summary of the procedures by which the individual may request correction, amendment or deletion of recorded personal information.
(2) Any personal information provided pursuant to this section must identify the source of the information if the source is an institutional source.
(3) If an individual requests individually identifiable health information supplied by a health care provider, the insurer, insurance producer or insurance-support organization shall provide the information, including the identity of the health care provider either directly to the individual or to a health care provider designated by the individual and licensed to provide health care with respect to the condition to which the information relates, whichever the insurer, insurance producer or insurance-support organization prefers. If the insurer, insurance producer or insurance-support organization elects to disclose the information to a health care provider designated by the individual, the insurer, insurance producer or insurance-support organization shall notify the individual, at the time of the disclosure, that the insurer, insurance producer or insurance-support organization has provided the information to the health care provider.
(4) Except for personal information provided under ORS 746.650, an insurer, insurance producer or insurance-support organization may charge a reasonable fee to cover the costs incurred in providing a copy of recorded personal information to an individual.
(5) The obligations imposed by this section upon an insurer or insurance producer may be satisfied by another insurer or insurance producer authorized to act on its behalf. With respect to the copying and disclosure of recorded personal information pursuant to a request under this section, an insurer, insurance producer or insurance-support organization may make arrangements with an insurance-support organization or a consumer reporting agency to copy and disclose recorded personal information on its behalf.
(6) The rights granted to individuals by this section shall extend to all natural persons to the extent personal information about them is collected and maintained by an insurer, insurance producer or insurance-support organization in connection with an insurance transaction. The rights granted to all natural persons by this subsection shall not extend to personal information about them that relates to and is collected in connection with or in reasonable anticipation of a claim or a civil or criminal proceeding involving them.
(7) For purposes of this section, the term "insurance-support organization" does not include "consumer reporting agency." [1981 c.649 §10; 2003 c.87 §13; 2003 c.364 §159a]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 18 - Financial Institutions, Insurance

Chapter 746 - Trade Practices

Section 746.005 - Trade practices exempted from prohibitions.

Section 746.015 - Discrimination; noncompliance; hearing.

Section 746.018 - Discrimination in issuance of burglary, theft, robbery or casualty policies prohibited.

Section 746.021 - Discrimination under health benefit plans.

Section 746.023 - Discrimination against living donors or body part donors with respect to life insurance, health insurance or long term care insurance.

Section 746.045 - Prohibition on rebates; exceptions; rules.

Section 746.065 - Personal or controlled insurance.

Section 746.075 - Misrepresentation generally.

Section 746.085 - Regulating replacement of life insurance; compensation of insurance producers; rules.

Section 746.115 - Advertisements in languages other than English.

Section 746.125 - Limitation on coverage of eye care services.

Section 746.130 - Insurance connected to sale or rental of property; prohibition; exceptions; charges.

Section 746.135 - Genetic tests and information; rules.

Section 746.137 - Reimbursement of private emergency responder’s actual expenses in emergency response.

Section 746.140 - Sale of life insurance with securities; written proposal; application of securities law.

Section 746.145 - Workers’ compensation insurance; combination of group of employers; purpose; conditions.

Section 746.147 - Workers’ compensation insurance; quoting premiums.

Section 746.150 - Other insurance; combination of experience of group of persons or risks; purpose; rules; conditions.

Section 746.160 - Practices injurious to free competition.

Section 746.195 - Insurance on property securing loan or credit; certain practices by depository institutions prohibited.

Section 746.201 - Depository institution to obtain required property insurance when borrower does not; notice required.

Section 746.213 - Definitions for ORS 746.213 to 746.219.

Section 746.215 - Regulation of depository institutions with regard to insurance sales or solicitations.

Section 746.217 - Disclosures to customers.

Section 746.219 - Investigatory powers.

Section 746.230 - Unfair claim settlement practices.

Section 746.233 - Unfair claim settlement practices with respect to prior authorizations of health care items or services.

Section 746.260 - Driving record not to be considered in issuance of motor vehicle insurance.

Section 746.265 - Purposes for which abstract of nonemployment driving record may be considered.

Section 746.275 - Definitions for ORS 746.275 to 746.300.

Section 746.280 - Designation of particular motor vehicle repair shop by insurer prohibited; notice; limitation of costs.

Section 746.285 - Notice of prohibition in motor vehicle repair shops; size; location.

Section 746.287 - Insurer requirement of installation of aftermarket crash part in vehicle.

Section 746.289 - Insurer offer of crash part warranty.

Section 746.290 - Notice of prohibition in policies and by adjusters.

Section 746.292 - Motor vehicle repair shops; invoices; estimates; warranties; prohibited practices.

Section 746.295 - Proof and amount of loss under motor vehicle liability policies; determination by insurer.

Section 746.300 - Liability of insurers and motor vehicle repair shops for damages; attorney fees.

Section 746.305 - Rules.

Section 746.308 - Violation of provisions regarding totaled vehicles as violation of Insurance Code.

Section 746.310 - Representing or aiding unauthorized insurer prohibited; insurance producer liable to insured.

Section 746.320 - Service of process equivalent to personal service on unauthorized foreign or alien insurer.

Section 746.340 - Conditions to be met by defendant unauthorized insurer before filing motions or pleadings.

Section 746.360 - Exceptions to application of unauthorized insurer service of process law.

Section 746.405 - Definitions for ORS 746.405 to 746.530.

Section 746.425 - Applicability of ORS 746.405 to 746.530.

Section 746.465 - Records required of premium finance companies; form; inspection.

Section 746.475 - Premium finance agreements; contents; form; delivery; notice to insurer.

Section 746.485 - Regulation of service charge for premium financing; method of computation; prepayment.

Section 746.495 - Delinquency charges regulated.

Section 746.505 - Cancellation of policy by premium finance company; notice required; effective date of cancellation.

Section 746.515 - Return of unearned premiums on cancellation.

Section 746.600 - Definitions for ORS 746.600 to 746.690.

Section 746.605 - Purpose.

Section 746.606 - Information privacy standards for health insurers.

Section 746.607 - Use and disclosure of personal information.

Section 746.608 - Rules.

Section 746.610 - Application of ORS 746.600 to 746.690.

Section 746.611 - Personal representative of deceased person.

Section 746.620 - Notice of insurance information practices; exceptions; rules.

Section 746.630 - Authorization for disclosure of certain information; forms; revocation.

Section 746.632 - Genetic information used for treatment; authorization; disclosure.

Section 746.635 - Investigative consumer reports.

Section 746.640 - Access to recorded personal information.

Section 746.645 - Correction, amendment or deletion of recorded personal information.

Section 746.650 - Reasons for adverse underwriting decisions.

Section 746.660 - Basing adverse underwriting decision on previous adverse decision.

Section 746.661 - Use of credit history or insurance score.

Section 746.662 - Filing of insurance scoring models.

Section 746.663 - Cancellation or nonrenewal of personal insurance policies based on credit history or insurance score.

Section 746.665 - Limitations and conditions on disclosure of certain information.

Section 746.670 - Investigatory powers.

Section 746.680 - Remedies.

Section 746.686 - Use of prior claim or inquiry in determination to issue or renew homeowner insurance policy; rules.

Section 746.687 - Cancellation of homeowner insurance policy.

Section 746.688 - Use of loss history reports; notice to consumer.

Section 746.991 - Penalties.