Current through Register Vol. 50, No. 9, September 20, 2024
A. How to Provide
Notices. A licensee shall provide any notices that this regulation requires so
that each consumer can reasonably be expected to receive actual notice in
writing or, if the consumer agrees, electronically.
B.
1.
Examples of Reasonable Expectation of Actual Notice. A licensee may reasonably
expect that a consumer will receive actual notice if the licensee:
a. hand-delivers a printed copy of the notice
to the consumer;
b. mails a printed
copy of the notice to the last known address of the consumer separately, or in
a policy, billing or other written communication;
c. for a consumer who conducts transactions
electronically, posts the notice on the electronic site and requires the
consumer to acknowledge receipt of the notice as a necessary step to obtaining
a particular insurance product or service;
d. for an isolated transaction with a
consumer, such as the licensee providing an insurance quote or selling the
consumer travel insurance, posts the notice and requires the consumer to
acknowledge receipt of the notice as a necessary step to obtaining the
particular insurance product or service.
2. Examples of Unreasonable Expectation of
Actual Notice. A licensee may not, however, reasonably expect that a consumer
will receive actual notice of its privacy policies and practices if it:
a. only posts a sign in its office or
generally publishes advertisements of its privacy policies and practices;
or
b. sends the notice via
electronic mail to a consumer who does not obtain an insurance product or
service from the licensee electronically.
C. Annual Notices Only. A licensee may
reasonably expect that a customer will receive actual notice of the licensee's
annual privacy notice if:
1. the customer uses
the licensee's web site to access insurance products and services
electronically and agrees to receive notices at the web site and the licensee
posts its current privacy notice continuously in a clear and conspicuous manner
on the web site; or
2. the customer
has requested that the licensee refrain from sending any information regarding
the customer relationship, and the licensee's current privacy notice remains
available to the customer upon request.
D. Oral Description of Notice Insufficient. A
licensee may not provide any notice required by this regulation solely by
orally explaining the notice, either in person or over the telephone.
E. Retention or Accessibility of Notices for
Customers
1. For customers only, a licensee
shall provide the initial notice required by
§9911. A 1, the annual
notice required by
§9913 A, and the revised notice
required by
§9919 so that the customer can retain
them or obtain them later in writing or, if the customer agrees,
electronically.
2. Examples of
Retention or Accessibility. A licensee provides a privacy notice to the
customer so that the customer can retain it or obtain it later if the licensee:
a. hand-delivers a printed copy of the notice
to the customer;
b. mails a printed
copy of the notice to the last known address of the customer; or
c. makes its current privacy notice available
on a web site (or a link to another web site) for the customer who obtains an
insurance product or service electronically and agrees to receive the notice at
the web site.
F. Joint Notice with Other Financial
Institutions. A licensee may provide a joint notice from the licensee and one
or more of its affiliates or other financial institutions, as identified in the
notice, as long as the notice is accurate with respect to the licensee and the
other institutions. A licensee also may provide a notice on behalf of another
financial institution.
G. Joint
Relationships. If two or more consumers jointly obtain an insurance product or
service from a licensee, the licensee may satisfy the initial, annual and
revised notice requirements of
§9911 and 9919, respectively, by
providing one notice to those consumers jointly.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
22:2,
22:3,
22:3052,
22:3054
and Gramm-Leach-Bliley Act,
Public Law
106-102 Nov. 12,
1999).
