W. Va. Code R. § 114-57-1

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 114-57-1 - General

1.1. Scope. -- This rule governs the treatment of nonpublic personal health information and nonpublic personal financial information about individuals by all licensees of the West Virginia Insurance Commission.

1.2. Authority. -- W. Va. Code §§ 33-2-10, 33-6F-1 and 33-11A-4.

a. This rule:

1. Requires a licensee to provide notice to individuals about its privacy policies and practices;

2. Describes the conditions under which a licensee may disclose nonpublic personal health information and nonpublic personal financial information about individuals to affiliates and nonaffiliated third parties; and

3. Provides methods for individuals to prevent a licensee from disclosing that information.

b. This rule applies to:

1. Nonpublic personal financial information about individuals who obtain or are claimants or beneficiaries of products or services primarily for personal, family or household purposes from licensees. This rule does not apply to information about companies or about individuals who obtain products or services for business, commercial or agricultural purposes; and

2. All nonpublic personal health information.

c. A licensee domiciled in this state that is in compliance with this rule in a state that has not enacted laws or rules or regulations that meet the requirements of Title V of the Gramm-Leach-Bliley Act ( PL 102-106 ) may nonetheless be deemed to be in compliance with Title V of the Gramm-Leach-Bliley Act in the other state.

1.3. Filing Date. -- April 8, 2002.

1.4. Effective Date. -- April 8, 2002.

Until July 1, 2002, a contract that a licensee has entered into with a nonaffiliated third party to perform services for the licensee or functions on the licensee's behalf satisfies the provisions of subsection 12.1 of this rule, even if the contract does not include a requirement that the third party maintain the confidentiality of nonpublic personal information, as long as the licensee entered into the agreement on or before July 1, 2000.

W. Va. Code R. § 114-57-1