OAR 836-080-0640
Information to Be Included in Initial Privacy Notice

(1)

This rule implements the requirement of the initial notice under OAR 836-080-0620 (Notice of Personal Financial Information Practices), describes the contents of the initial notice and provides examples of categories of information required in the notice.

(2)

The following are examples of categories of nonpublic personal financial information collected by a licensee. A licensee satisfies the requirement of categorizing the nonpublic personal financial information it collects if the licensee categorizes it according to the source of the information, including, for example:

(a)

Information from the consumer;

(b)

Information about the consumer’s transactions with the licensee or its affiliates;

(c)

Information about the consumer’s transactions with nonaffiliated third parties; and

(d)

Information from an insurance support organization.

(3)

The following are examples of categories of nonpublic personal financial information disclosed by a licensee:

(a)

A licensee satisfies the requirement of categorizing nonpublic personal financial information it discloses if the licensee categorizes the information according to source, as described in section (2) of this rule, as applicable, and provides a few examples to illustrate the types of information in each category. These may include:

(A)

Information from the consumer, including application information such as assets and income and identifying information such as name, address and social security number;

(B)

Transaction information, such as information about balances, payment history and parties to the transaction; and

(C)

Information from consumer reporting agencies, such as a consumer’s creditworthiness and credit history.

(b)

A licensee does not adequately categorize the information that it discloses if the licensee uses only general terms, such as transaction information about the consumer.

(c)

If a licensee reserves the right to disclose all of the nonpublic personal financial information about consumers that it collects, the licensee may simply state that fact without describing the categories or examples of nonpublic personal financial information that the licensee discloses.

(4)

The following are examples for describing categories of affiliated and nonaffiliated third parties to which a licensee discloses nonpublic personal financial information:

(a)

A licensee satisfies the requirement of categorizing the affiliates and nonaffiliated third parties to which the licensee discloses nonpublic personal financial information about consumers if the licensee identifies the types of business in which the affiliates and nonaffiliated third parties engage.

(b)

Types of businesses may be described by general terms only if the licensee uses a few illustrative examples of significant lines of business. For example, a licensee may use the term financial products or services if it includes appropriate examples of significant lines of businesses, such as life insurer, automobile insurer, consumer banking or securities brokerage.

(c)

A licensee may also categorize the affiliates and nonaffiliated third parties to which it discloses nonpublic personal financial information about consumers using more detailed categories.

(5)

A privacy notice shall include an explanation of the consumer’s right under OAR 836-080-0675 (Disclosure Without Authorization) to opt out of the disclosure of nonpublic personal financial information to nonaffiliated third parties, including the method by which the consumer may exercise that right at that time. The following are examples of disclosures under the exception for joint marketers under 836-080-0675 (Disclosure Without Authorization). If a licensee discloses nonpublic personal financial information under the exception in 836-080-0675 (Disclosure Without Authorization) to a nonaffiliated third party to market products or services that it offers alone or jointly with another financial institution, the licensee satisfies the applicable disclosure requirement of this rule if the licensee:

(a)

Lists the categories of nonpublic personal financial information it discloses, using the same categories and examples the licensee used to meet the requirements of section (1) of this rule.

(b)

States whether the third party is:

(A)

A service provider that performs marketing services on the licensee’s behalf or on behalf of the licensee and another financial institution; or

(B)

A financial institution with whom the licensee has a joint marketing agreement.

(6)

If a licensee does not disclose nonpublic personal financial information about customers or former customers to affiliates or nonaffiliated third parties except as authorized under OAR 836-080-0670 (Authorization Exemptions) and 836-080-0675 (Disclosure Without Authorization), the licensee may simply state that fact, in addition to the information it is required to provide under 836-080-0615 (Personal Information Notice)(3)(a), (h), (i) and (j) and (4).

(7)

A licensee describes its policies and practices relating to protection of the confidentiality and security of personal information if it does both of the following:

(a)

Describes in general terms who is authorized to have access to the information; and

(b)

States whether the licensee has security practices and procedures in place to ensure the confidentiality of the information in accordance with the licensee’s policy. The licensee is not required to describe technical information about the safeguards it uses.

(8)

An abbreviated notice authorized by OAR 836-080-0615 (Personal Information Notice)(3) must include in full the elements of the notice required by the federal Gramm-Leach-Bliley Act of 1999 for the purpose of compliance with that law and shall also include the information referred to in section (5) of this rule and in 836-080-0615 (Personal Information Notice)(3). The licensee shall deliver its abbreviated notice according to 836-080-0660 (Delivery). The licensee is not required to deliver its privacy notice with its abbreviated notice. The licensee instead may provide the consumer a reasonable means to obtain its privacy notice as described in 836-080-0660 (Delivery). If a consumer who receives the licensee’s abbreviated notice requests the licensee’s privacy notice, the licensee shall deliver its privacy notice according to 836-080-0660 (Delivery).

(9)

A licensee’s initial privacy notice may include any of the following:

(a)

Categories of nonpublic personal financial information that the licensee reserves the right to disclose in the future but does not currently disclose; and

(b)

Categories of affiliates or nonaffiliated third parties to whom the licensee reserves the right in the future to disclose, but to whom the licensee does not currently disclose, nonpublic personal financial information.

Source: Rule 836-080-0640 — Information to Be Included in Initial Privacy Notice, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=836-080-0640.

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 836-080-0640’s source at or​.us