OAR 836-080-0620
Notice of Personal Financial Information Practices

(1)

This rule governs the notice to be given by a licensee to an individual, in fulfillment of requirements of the federal Gramm-Leach-Bliley Act (P.L. 106-102), that informs the individual about the licensee’s treatment of personal financial information concerning the individual in the course of the ongoing financial relationship between the licensee and the individual, in connection with a health insurance policy. A licensee shall provide a clear and conspicuous notice of its personal financial information practices to individuals under the circumstances and at the times as follows:

(a)

Except as provided in this subsection, to a consumer who becomes a customer of the licensee, not later than the date that the licensee establishes a continuing relationship under which the licensee provides one or more health insurance products or services to the consumer that are to be used primarily for personal, family or household purposes. A licensee may provide the notice within a reasonable time after the date the licensee establishes a customer relationship if:

(A)

Establishing the customer relationship is not at the customer’s election; or

(B)

Providing notice not later than the date that the licensee establishes a customer relationship would substantially delay the customer’s transaction and the customer agrees to receive the notice at a later time.

(b)

To a consumer before any personal financial information about that individual is disclosed to a nonaffiliate of the licensee, if the disclosure is made other than as permitted under OAR 836-080-0665 (Authorization), 836-080-0670 (Authorization Exemptions) or 836-080-0675 (Disclosure Without Authorization).

(2)

A licensee shall provide a clear and conspicuous notice to a customer that accurately reflects the privacy policies and practices of the licensee not less than once in any period of 12 consecutive months during which the relationship described in section (1)(a) of this rule exists. A licensee may define the period of 12 consecutive months, but the licensee must apply the period to the customer on a consistent basis.

(3)

The notice required by sections (1) and (2) of this rule shall be in writing, except that the notice may be provided in electronic form if the recipient agrees. In addition to any other information the licensee wishes to provide, the notice shall include the following items of information that apply to the licensee and to the individuals to whom the licensee sends the notice:

(a)

The policy and practices of the licensee with respect to disclosing personal financial information to nonaffiliated parties other than agents of the licensee, including the categories of persons to whom the information is or may be disclosed, other than the persons to whom the information may be provided pursuant to OAR 836-080-0675 (Disclosure Without Authorization), and the policies and practices with respect to disclosing personal financial information of persons who have ceased to be customers of the licensees.

(b)

The categories of personal financial information that the licensee collects.

(c)

The policies the licensee maintains to protect the confidentiality and security of personal financial information.

(4)

A licensee that does not disclose personal financial information about customers or former customers to affiliates or nonaffiliates except as authorized in OAR 836-080-0670 (Authorization Exemptions) or 836-080-0675 (Disclosure Without Authorization), and does not wish to reserve the right to do so may satisfy the requirements of this rule by providing a customer a notice that so states and that also includes:

(a)

The information described in section (3)(b) and (c) of this rule; and

(b)

A statement that the licensee makes disclosures to other affiliated or nonaffiliated third parties, as applicable, as permitted by law.

(5)

Before a licensee discloses personal financial information to a nonaffiliated third party other than as described in the notice required in section (1) of this rule, the licensee shall send a revised notice that accurately describes its information collection and disclosure practices. The revised notice must comply with the requirements of section (3) of this rule.

(6)

For purposes of this rule and OAR 836-080-0670 (Authorization Exemptions) and 836-080-0675 (Disclosure Without Authorization), an individual is not the consumer of a licensee solely because the individual is covered under a group life or health insurance policy issued by the licensee or is a participant or beneficiary of an employee benefit plan that the licensee administers or sponsors or for which the licensee acts as a trustee, insurer or fiduciary, if:

(a)

The licensee provides to the policyholder the initial, annual and revised notices under this rule; and

(b)

The licensee does not disclose to a nonaffiliated third party personal information about the individual other than as permitted by OAR 836-080-0675 (Disclosure Without Authorization).

(7)

When an individual becomes a consumer of a licensee under section (6) of this rule, then this rule and OAR 836-080-0670 (Authorization Exemptions) and 836-080-0675 (Disclosure Without Authorization) apply to the licensee with respect to the individual.

Source: Rule 836-080-0620 — Notice of Personal Financial Information Practices, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=836-080-0620.

836‑080‑0001
Statutory Authority 836‑080‑0005
Definitions 836‑080‑0014
Duties of Agent 836‑080‑0022
Duties of Insurers that Use Agents Insurance Producers 836‑080‑0029
Duties of Replacing Insurers that Use Agents 836‑080‑0034
Duties of the Existing Insurer 836‑080‑0039
Duties of Insurers with Respect to Direct Response Solicitations 836‑080‑0043
Violations and Penalties 836‑080‑0050
Authority 836‑080‑0055
Unfair Discrimination Identified 836‑080‑0080
Definition, Claims Handling Services 836‑080‑0085
Annual Report 836‑080‑0090
Suitability in the Sale of Life Insurance 836‑080‑0105
Statutory Authority 836‑080‑0110
Applicability 836‑080‑0115
Definitions 836‑080‑0120
Statement as to Participation Required Upon Request Before Delivery of Policy 836‑080‑0125
Prohibited Representations Regarding Participation Rights 836‑080‑0130
Dividend Statement Permitted 836‑080‑0135
Dividend Rights Accrue Upon Declaration of Dividends 836‑080‑0140
Unfair Discrimination in Allocation of Dividends Prohibited 836‑080‑0145
Unfair Forfeiture of Dividend for Failure to Renew Prohibited 836‑080‑0150
Policyholder Dividend Rights of Group Members and Dividend Group Policyholders 836‑080‑0155
False or Deceptive Publications by Insurer Prohibited 836‑080‑0160
Use of Special Certifications and Professional Designations by Insurance Producers 836‑080‑0165
Notice of Insurance Division Assistance 836‑080‑0170
Statutory Authority 836‑080‑0172
Applicability 836‑080‑0175
Exemptions 836‑080‑0178
Definitions 836‑080‑0180
Duties of Insurers and of Insurance Producers 836‑080‑0183
Insurance Producer Training 836‑080‑0185
Compliance Mitigation 836‑080‑0188
Recordkeeping 836‑080‑0190
Annuity Sales 836‑080‑0193
Effective Date and Operative Date 836‑080‑0200
Electronic Payment of Claims 836‑080‑0205
Statutory Authority, Purpose, and Applicability 836‑080‑0210
Definitions 836‑080‑0215
Claim Files 836‑080‑0220
Misrepresentation and Other Prohibited Claim Practices 836‑080‑0225
Required Claim Communication Practices 836‑080‑0230
Standard for Prompt Claim Investigation 836‑080‑0235
Standards for Prompt and Fair Settlements — Generally 836‑080‑0240
Standards for Prompt and Fair Total Loss Settlements — Automobile Insurance 836‑080‑0250
Workers’ Compensation Insurance Unfair Claim Settlement Practices Standards 836‑080‑0305
Statutory Authority 836‑080‑0310
Definitions 836‑080‑0315
Providing Things of Value to Intermediaries Generally Prohibited 836‑080‑0320
Miscellaneous Things of Value 836‑080‑0325
Business Development Activities 836‑080‑0335
Gifts 836‑080‑0337
Real Property Information 836‑080‑0340
Assistance in Qualifying a Subdivision 836‑080‑0345
Automatic Change in Monetary Limits 836‑080‑0355
Title Insurer Responsible for Violations by Agent 836‑080‑0360
Use by Title Company of an Intermediary’s Office 836‑080‑0365
Filing Escrow Rates Required 836‑080‑0370
Instruction of Title Company Employees About Rules Required 836‑080‑0425
Applicability 836‑080‑0430
Disclosure of Use of Credit History or Insurance Scores 836‑080‑0435
Policies Governing Credit Histories and Insurance Scores 836‑080‑0436
Absence of or Inability to Determine Credit History 836‑080‑0438
Definition of Adverse Underwriting Decision 836‑080‑0440
Unfair Insurance Trade Practice 836‑080‑0501
Authority 836‑080‑0506
Definitions and Examples 836‑080‑0511
Application of Notice Requirements 836‑080‑0516
Initial Notice to Consumers 836‑080‑0519
Information to be Included in Initial Privacy Notice 836‑080‑0523
Annual Notice 836‑080‑0526
Information to be Included in Annual Notice 836‑080‑0531
Revised Privacy Notices 836‑080‑0536
Delivery 836‑080‑0541
Opt in Notice 836‑080‑0546
Limits on Sharing Account Number Information for Marketing Purposes 836‑080‑0551
Authorization Request Delivery 836‑080‑0600
Authority 836‑080‑0610
Definitions and Examples 836‑080‑0615
Personal Information Notice 836‑080‑0620
Notice of Personal Financial Information Practices 836‑080‑0625
Alternative Procedures 836‑080‑0630
Application of Notice Requirements 836‑080‑0635
Initial Notice to Consumers 836‑080‑0640
Information to Be Included in Initial Privacy Notice 836‑080‑0645
Annual Notice 836‑080‑0650
Information to Be Included in Annual Notice 836‑080‑0655
Revised Privacy Notices 836‑080‑0660
Delivery 836‑080‑0665
Authorization 836‑080‑0670
Authorization Exemptions 836‑080‑0675
Disclosure Without Authorization 836‑080‑0680
Opt in Notice 836‑080‑0685
Limits on Sharing Account Number Information for Marketing Purposes 836‑080‑0690
Authorization Request Delivery 836‑080‑0695
Access to Recorded Personal Information 836‑080‑0700
Correction, Amendment or Deletion of Recorded Personal Information 836‑080‑0750
Purpose 836‑080‑0755
Application of OAR 836-080-0750 to 836-080-0775 836‑080‑0760
Definitions for OAR 836-080-0750 to 836-080-0775 836‑080‑0765
Practices Declared False, Misleading, Deceptive or Unfair on a Military Installation 836‑080‑0770
Practices Declared False, Misleading, Deceptive or Unfair, Regardless of Location 836‑080‑0775
Severability 836‑080‑0800
Definitions 836‑080‑0805
Statutory Authority, Purpose, and Applicability 836‑080‑0810
Provision of Commercial Loss Runs
Last Updated

Jun. 8, 2021

Rule 836-080-0620’s source at or​.us