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 insurance institutions, agents, or insurance-support organizations; to maintain a balance between the need for information by those conducting the business of insurance and the public’s need for fairness in insurance information practices, including the need to minimize intrusiveness; to establish a regulatory mechanism to enable natural persons to ascertain what information is being or has been collected about them in connection with insurance transactions and to have access to such information for the purpose of verifying or disputing its accuracy; to limit the disclosure of information collected in connection with insurance transactions; and to enable insurance applicants and policyholders to obtain the reasons for any adverse underwriting decision. History. — Code 1981, § 33-39-1, enacted by Ga. L. 1982, p. 615, § 1. 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: (1) In the case of life, health, or disability insurance: (A) Collect, receive, or maintain information which pertains to natural persons who are residents of this state in connection with insurance transactions; or (B) Engage in insurance transactions with applicants, individuals, or policyholders who are residents of this state; and (2) In the case of property or casualty insurance: (A) Collect, receive, or maintain information in connection with insurance transactions involving policies, contracts, or certificates of insurance delivered, issued for delivery, or renewed in this state; or (B) Engage in insurance transactions involving policies, contracts, or certificates of insurance delivered, issued for delivery, or renewed in this state. (b) The rights granted by this chapter shall extend to: 807 33-39-3 (1) In the case of life, health, or disability insurance, the following persons who are residents of this state: (A) Natural persons who are the subject of information collected, received, or maintained in connection with insurance transactions; and (B) Applicants, individuals, or policyholders who engage in or seek to engage in insurance transactions; and (2) In the case of property or casualty insurance, the following persons: (A) Natural persons who are the subject of information collected, received, or maintained in connection with insurance transactions involving policies, contracts, or certificates of insurance delivered, issued for delivery, or renewed in this state; and (B) Applicants, individuals, or policyholders who engage in or seek to engage in insurance transactions involving policies, contracts, or certificates of insurance delivered, issued for delivery, or renewed in this state. (c) For purposes of this Code section, a person shall be considered a resident of this state if the person’s last known mailing address, as shown in the records of the insurance institution, agent, or insurance-support organization, is located in this state. (d) Notwithstanding subsections (a) and (b) of this Code section, this chapter shall not apply to information collected from the public records of a governmental authority and maintained by an insurance institution or its representatives for the purpose of insuring the title to real property located in this state. History. — Code 1981, § 33-39-2, enacted by Ga. L. 1982, p. 615, § 1; Ga. L. 1985, p. 149, § 33; Ga. L. 2019, p. 386, § 145/SB 133. The 2019 amendment, effective July 1, 2019, deleted ‘‘, on or after January 1, 1984’’ following ‘‘which’’ at the end of subsection (a). 33-39-3. Definitions.