O.C.G.A. § 33-39-4 — Pretext interviews

No insurance institution, agent, or insurance-support organization shall use or authorize the use of pretext interviews to obtain information in connection with an insurance transaction; provided, however, a pretext interview may be undertaken to obtain information from a person or institution that does not have a generally or statutorily 813 33-39-5 recognized privileged relationship with the person about whom the information relates for the purpose of investigating a claim where, based upon speciﬁc information available for review by the Commissioner, there is a reasonable basis for suspecting criminal activity, fraud, material misrepresentation, or material nondisclosure in connection with the claim. History. — Code 1981, § 33-39-4, enacted by Ga. L. 1982, p. 615, § 1. 33-39-5. Transactions requiring notice of information practices; form and content of notice; abbreviated notice; satisfaction of obligations by another institution or agent. (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: (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; or (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: (A) Nonpublic personal information is provided to nonaffiliated third parties only in accordance with this chapter; and (B) The information collection or sharing practices of the insurance institution or agent relating to nonpublic personal information have not changed since the last notice of such information practices was given to the policyholder in accordance with this chapter; (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 subsection (a) of this Code section shall be in writing and shall state: 814 33-39-5 (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 persons identiﬁed in paragraphs (2), (3), (4), (5), (6), (9), (11), (12), and (14) of Code Section 33-39-14 and the circumstances under which such disclosures may be made without prior authorization; provided, however, only those circumstances need be described which occur with such frequency as to indicate a general business practice; (4) A description of the rights established under Code Sections 33-39-9 and 33-39-10 and the manner in which such 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. (c) In lieu of the notice prescribed in subsection (b) of this Code section, the insurance institution or agent may provide an abbreviated notice informing the applicant or policyholder that: (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; and (4) The notice prescribed in subsection (b) of this Code section will be furnished to the applicant or policyholder upon request. (d) 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. History. — Code 1981, § 33-39-5, enacted by Ga. L. 1982, p. 615, § 1; Ga. L. 1984, p. 22, § 33; Ga. L. 2018, p. 242, § 1/SB 350. The 2018 amendment, effective July 1, 2018, substituted the present provisions of subparagraph (a)(2)(A) for the former provisions, which read: ‘‘Personal information is collected only from the policyholder or from public records; or’’; and substituted the present provisions of subparagraph (a)(2)(B) for the former provisions, which read: ‘‘A notice meeting the requirements of this Code section has been given within the previous 24 months;’’. 815 33-39-7 33-39-6. Speciﬁcation of questions designed to obtain marketing or research information. An insurance institution or agent shall clearly specify those questions designed to obtain information solely for marketing or research purposes from an individual in connection with an insurance transaction. History. — Code 1981, § 33-39-6, enacted by Ga. L. 1982, p. 615, § 1. 33-39-7. Disclosure authorization forms authorizing disclosure of personal or privileged information. Notwithstanding any other provision of law of this state, no insurance institution, agent, or insurance-support organization may utilize as its disclosure authorization form in connection with insurance transactions a form or statement which authorizes the disclosure of personal or privileged information about an individual to the insurance institution, agent, or insurance-support organization unless the form or statement: (1) Is written in plain language; (2) Is dated; (3) Speciﬁes the types of persons authorized to disclose information about the individual; (4) Speciﬁes the nature of the information authorized to be disclosed; (5) Names the insurance institution or agent and identiﬁes by generic reference representatives of the insurance institution to whom the individual is authorizing information to be disclosed; (6) Speciﬁes the purposes for which the information is collected; (7) Speciﬁes the length of time such authorization shall remain valid, which shall be no longer than: (A) In the case of authorizations signed for the purpose of collecting information in connection with an application for an insurance policy, a policy reinstatement or a request for change in policy beneﬁts: (i) Thirty months from the date the authorization is signed if the application or request involves life, health, or disability insurance; (ii) One year from the date the authorization is signed if the application or request involves property or casualty insurance; or 816 33-39-9 (B) In the case of authorizations signed for the purpose of collecting information in connection with a claim for beneﬁts under an insurance policy: (i) The term of coverage of the policy if the claim is for a health insurance beneﬁt; (ii) The duration of the claim if the claim is not for a health insurance beneﬁt; and (8) Advises the individual or person authorized to act on behalf of the individual that the individual or the individual’s authorized representative is entitled to receive a copy of the authorization form. History. — Code 1981, § 33-39-7, enacted by Ga. L. 1982, p. 615, § 1. 33-39-8. Investigative consumer reports.