Effective: June 29, 1995
Latest Legislation: House Bill 329 - 120th General Assembly
(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 the case of an application for insurance, a notice shall be provided no later than one of the following times:
(a) At the time of the delivery of the insurance policy or certificate when personal information is collected only from the applicant or from public records;
(b) At the time the collection of personal information is initiated when personal information is collected from a source other than the applicant or public records.
(2) In the case of a policy renewal, a notice shall be provided no later than the policy renewal date, except that no notice shall be required in connection with a policy renewal if either of the following apply:
(a) Personal information is collected only from the policyholder or from public records;
(b) A notice meeting the requirements of this section has been given within the previous twenty-four months.
(3) In the case of a policy reinstatement or change in insurance benefits, a notice shall be provided no later than the time a request for a policy reinstatement or change in insurance benefits is received by the insurance institution, except that no notice shall be required if personal information is collected only from the policyholder or from public records.
(B) The notice required by division (A) of this section shall be in writing and shall state all of the following:
(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 such information;
(3) The types of disclosures identified in divisions (B), (C), (D), (E), (F), (I), (K), (L), and (N) of section 3904.13 of the Revised Code and the circumstances under which such disclosures may be made without prior authorization. However, only those circumstances need be described that occur with such frequency as to indicate a general business practice;
(4) A description of the rights established under sections 3904.08 and 3904.09 of the Revised Code and the manner in which such rights may be exercised;
(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.
(C) In lieu of the notice prescribed in division (B) of this section, the insurance institution or agent may provide an abbreviated notice informing the applicant or policyholder of all of the following:
(1) Personal information may be collected from persons other than the individual or individuals proposed for coverage;
(2) Such information as well as other personal or privileged information subsequently collected by the insurance institution or agent may in certain circumstances be disclosed to third parties without authorization;
(3) A right of access and correction exists with respect to all personal information collected;
(4) The notice prescribed in division (B) of this section will be furnished to the applicant or policyholder upon request.
(D) The obligations imposed by this section upon an insurance institution or agent may be satisfied by another insurance institution or agent authorized to act on its behalf.
Structure Ohio Revised Code
Chapter 3904 | Insurance Information Practices
Section 3904.01 | Insurance Information Practices Definitions.
Section 3904.02 | Applicability of Chapter.
Section 3904.03 | Pretext Interviews.
Section 3904.05 | Marketing or Research Questions.
Section 3904.06 | Disclosure Authorization Form.
Section 3904.07 | Investigative Consumer Report.
Section 3904.08 | Written Request for Access to Recorded Personal Information.
Section 3904.09 | Correction, Amendment or Deletion of Information.
Section 3904.10 | Written Reason for Adverse Underwriting Decision Summary of Rights.
Section 3904.11 | Inquiry Concerning Previous Adverse Underwriting Decision.
Section 3904.12 | Prohibited Bases for Adverse Underwriting Decision.
Section 3904.13 | Disclosure of Personal or Privileged Information.
Section 3904.14 | Obtaining Information Under False Pretenses.
Section 3904.15 | Superintendent May Examine and Investigate Conduct.
Section 3904.16 | Superintendent to Issue and Serve Statement of Charges and Notice of Hearing.
Section 3904.18 | Cease and Desist Order or Report Finding No Violation - Petition for Review.
Section 3904.19 | Penalties for Knowing Violation or Violation of Cease and Desist Order.
Section 3904.20 | Review of Order or Report of Superintendent by Court of Common Pleas.
Section 3904.21 | Action by Person Whose Rights Are Violated.
Section 3904.22 | Authorized Disclosures of Personal or Privileged Information - Immunity.