Subdivision 1. Required. Each insurer or insurance agent shall provide a notice relating to information practices to each applicant or policyholder in the manner and at the time required by this section.
Subd. 2. Exemption. A notice is not required to be provided under this section for:
(1) a group policy or contract that is not individually underwritten; or
(2) a renewal, reinstatement, or a change in benefits for a policy or contract if no personal information is to be collected other than from the applicant or policyholder, or from public records.
Subd. 3. Timing. (a) In the case of an application for insurance coverage, the notice must be provided to the applicant or policyholder no later than the time application is made for the coverage, renewal, reinstatement, or change in benefits.
(b) If personal information is to be collected only from the applicant or from public records, the notice may be provided at the time of delivery of the policy or the certificate.
Subd. 4. Content of notice. The notice required by this section must be in writing and state:
(1) whether personal information may be collected from persons other than the individual or individuals proposed for coverage;
(2) the types of personal information that may be collected and the types of sources and investigative techniques that may be used to collect the information;
(3) the types of disclosures of personal information that may be made under section 72A.501 and the circumstances under which the disclosures may be made without prior authorization; except that only those circumstances which occur with such frequency as to indicate a general business practice must be described;
(4) a description of the rights established under sections 72A.497 and 72A.498 and the manner in which those rights may be exercised; and
(5) 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.
Subd. 5. Abbreviated notice. In lieu of the notice required under subdivision 4, the insurer or insurance agent may provide an abbreviated notice informing the applicant or policyholder that:
(1) personal information may be collected from persons other than the person or persons proposed for coverage;
(2) the information collected by the insurer or insurance agent may in certain circumstances be disclosed to third parties without authorization;
(3) the person has a right to see their personal records and correct personal information collected; and
(4) the person will be furnished the detailed notice required under subdivision 4 upon request.
Subd. 6. Other companies or agencies acting on its behalf. The obligations imposed by this section upon an insurer or insurance agent may be satisfied by another insurer or insurance agent authorized to act on its behalf.
1989 c 316 s 6
Structure Minnesota Statutes
Chapters 59A - 79A — Insurance
Chapter 72A — Insurance Industry Trade Practices
Section 72A.02 — Violations As To Policies Of Insurance.
Section 72A.03 — Agent Of Insurer; Procuring Premiums By Fraud.
Section 72A.04 — False Statements In Application.
Section 72A.05 — Failure To Make Report Or Comply With Law.
Section 72A.061 — Mandatory Filings; Failure To Comply; Penalties.
Section 72A.07 — Violations Of Laws Relating To Agents, Penalties.
Section 72A.09 — Violations Where Offense Is Not Specifically Designated.
Section 72A.10 — Failure To Appear Or Obstructing Commissioner.
Section 72A.11 — Complainant Entitled To One-half Of Fine In Certain Cases.
Section 72A.12 — Life Insurance.
Section 72A.125 — Rental Vehicle Personal Accident Insurance; Special Requirements.
Section 72A.13 — Accident And Health Insurance, Violations Of Certain Sections.
Section 72A.135 — Failure To Follow Dividend And Pricing Policy; Penalties.
Section 72A.139 — Use Of Genetic Tests.
Section 72A.15 — Penalty For Violation Of Law Providing For Insurance In Unlicensed Companies.
Section 72A.16 — Mutual Companies.
Section 72A.17 — Purpose Of Sections 72a.17 To 72a.32.
Section 72A.19 — Unfair Methods And Unfair Or Deceptive Acts And Practices.
Section 72A.20 — Methods, Acts, And Practices Which Are Defined As Unfair Or Deceptive.
Section 72A.201 — Regulation Of Claims Practices.
Section 72A.2031 — Definitions.
Section 72A.2032 — Duties Of Insurers And Insurance Producers.
Section 72A.2033 — Insurance Producer Training.
Section 72A.2035 — Record Keeping.
Section 72A.2036 — Relationship To Other Laws; Enforcement.
Section 72A.204 — Prohibited Uses Of Senior-specific Certifications And Professional Designations.
Section 72A.207 — Graded Death Benefits.
Section 72A.21 — Power Of Commissioner.
Section 72A.22 — Hearing; Witnesses; Production Of Books.
Section 72A.25 — Unfair Competition.
Section 72A.26 — Intervention.
Section 72A.285 — Claim For Insurance Benefits; Release Of Summary Information.
Section 72A.29 — Concurrent Remedies.
Section 72A.30 — Evidential Privilege Denied; Immunity; Waiver.
Section 72A.31 — Certain Acts Deemed Unfair Method Of Competition.
Section 72A.32 — Violations, Procedure.
Section 72A.325 — Insurance For Funeral Or Burial Expense; Freedom Of Choice.
Section 72A.328 — Affinity Group.
Section 72A.33 — Purpose Of Act, Construction.
Section 72A.35 — Notice To Domiciliary Supervisory Official.
Section 72A.36 — Action By Commissioner.
Section 72A.37 — Service Upon Unauthorized Insurer.
Section 72A.38 — Severability.
Section 72A.41 — Transacting Business Without Certificate Of Authority.
Section 72A.42 — Enforcement Authority.
Section 72A.43 — Service Of Process Upon Unauthorized Company By Commissioner.
Section 72A.491 — Definitions.
Section 72A.493 — Obtaining Information By Improper Means.
Section 72A.495 — Marketing And Research Surveys.
Section 72A.496 — Investigative Consumer Reports.
Section 72A.497 — Access To Personal Information.
Section 72A.498 — Correction, Amendment, Or Deletion Of Personal Information.
Section 72A.499 — Reasons For Adverse Underwriting Decisions.
Section 72A.50 — Previous Adverse Underwriting Decisions.
Section 72A.501 — Disclosure Authorization.
Section 72A.502 — Disclosure Of Information; Limitations And Conditions.
Section 72A.503 — Private Remedies.
Section 72A.504 — Obtaining Information Under Improper Means.