Requests to correct, amend, or delete recorded personal information

(a) Within 30 business days from the date of receipt of a written request from an individual to correct, amend, or delete any recorded personal information about the individual within its possession, an insurance institution, agent, or insurance-support organization shall either: (1) Correct, amend, or delete the portion of the recorded personal information in dispute; or (2) Notify the individual of: (A) Its refusal to make such correction, amendment, or deletion; (B) The reasons for the refusal; and (C) The individual’s right to file a statement as provided in subsection (c) of this Code section. (b) If the insurance institution, agent, or insurance-support organization corrects, amends, or deletes recorded personal information in 819 33-39-10 accordance with paragraph (1) of subsection (a) of this Code section, the insurance institution, agent, or insurance-support organization shall so notify the individual in writing and furnish the correction, amendment, or fact of deletion to: (1) Any person specifically designated by the individual who may have, within the preceding two years, received such recorded personal information; (2) Any insurance-support organization whose primary source of personal information is insurance institutions if the insurance-support organization has systematically received such recorded personal information from the insurance institution within the preceding seven years; provided, however, that the correction, amendment, or fact of deletion need not be furnished if the insurance-support organization no longer maintains recorded personal information about the individual; and (3) Any insurance-support organization that furnished the personal information that has been corrected, amended, or deleted. (c) Whenever an individual disagrees with an insurance institution’s, agent’s, or insurance-support organization’s refusal to correct, amend, or delete recorded personal information, the individual shall be permitted to file with the insurance institution, agent, or insurance-support organization: (1) A concise statement setting forth what the individual thinks is the correct, relevant, or fair information; and (2) A concise statement of the reasons why the individual disagrees with the insurance institution’s, agent’s, or insurance-support organization’s refusal to correct, amend, or delete recorded personal information. (d) In the event an individual files either statement as described in subsection (c) of this Code section, the insurance institution, agent, or support organization shall: (1) File the statement with the disputed personal information and provide a means by which anyone reviewing the disputed personal information will be made aware of the individual’s statement and have access to it; (2) In any subsequent disclosure by the insurance institution, agent, or support organization of the recorded personal information that is the subject of disagreement, clearly identify the matter or matters in dispute and provide the individual’s statement along with the recorded personal information being disclosed; and (3) Furnish the statement to the persons and in the manner specified in subsection (b) of this Code section. 820 33-39-11 (e) The rights granted to individuals in this Code section shall extend to all natural persons to the extent information about them is collected and maintained by an insurance institution, agent, or insurance-support organization in connection with an insurance transaction. The rights granted to all natural persons by this subsection shall not extend to information about them that relates to and is collected in connection with or in reasonable anticipation of a claim or civil or criminal proceeding involving them. (f ) For purposes of this Code section, the term ‘‘insurance-support organization’’ does not include ‘‘consumer reporting agency.’’ History. — Code 1981, § 33-39-10, enacted by Ga. L. 1982, p. 615, § 1; Ga. L. 1984, p. 22, § 33. 33-39-11. Procedure upon adverse underwriting decision; satisfaction of obligations by another institution or agent; adverse decisions upon oral requests or inquiries. (a) In the event of an adverse underwriting decision the insurance institution or agent responsible for the decision shall: (1) Either provide the applicant, policyholder, or individual proposed for coverage with the specific reason or reasons for the adverse underwriting decision in writing or advise such person that upon written request he or she may receive the specific reason or reasons in writing; and (2) Provide the applicant, policyholder, or individual proposed for coverage with a summary of the rights established under subsection (b) of this Code section and Code Sections 33-39-9 and 33-39-10. (b) Upon receipt of a written request within 90 business days from the date of the mailing of notice or other communication of an adverse underwriting decision to an applicant, policyholder, or individual proposed for coverage, the insurance institution or agent shall furnish to such person within 21 business days from the date of receipt of such written request: (1) The specific reason or reasons for the adverse underwriting decision, in writing, if such information was not initially furnished in writing pursuant to paragraph (1) of subsection (a) of this Code section. (2) The specific items of personal and privileged information that support those reasons; provided, however: (A) The insurance institution or agent shall not be required to furnish specific items of privileged information if it has a reason821 33-39-12 able suspicion, based upon specific information available for review by the Commissioner, that the applicant, policyholder, or individual proposed for coverage has engaged in criminal activity, fraud, material misrepresentation, or material nondisclosure; and (B) Specific terms of medical-record information supplied by a medical-care institution or medical professional shall be disclosed either directly to the individual about whom the information relates or to a medical professional designated by the individual and licensed to provide medical care with respect to the condition to which the information relates, whichever the insurance institution or agent prefers; and (3) The names and addresses of the institutional sources that supplied the specific items of information pursuant to paragraph (2) of subsection (b) of this Code section; provided, however, that the identity of any medical professional or medical-care institution shall be disclosed either directly to the individual or to the designated medical professional, whichever the insurance institution or agent prefers. (c) The obligations imposed by this Code section upon an insurance institution or agent may be satisfied by another insurance institution or agent authorized to act on its behalf. (d) When an adverse underwriting decision results solely from an oral request or inquiry, the explanation of reasons and summary of rights required by subsection (a) of this Code section may be given orally. History. — Code 1981, § 33-39-11, enacted by Ga. L. 1982, p. 615, § 1; Ga. L. 1984, p. 22, § 33; Ga. L. 1990, p. 8, § 33.