New York Codes, Rules and Regulations
Title 11 - INSURANCE
Chapter XIX - Privacy Of Consumer Financial and health Information
Part 421 - Standards For Safeguarding Customer Information
General Provisions
Section 421.0 - Preamble

Universal Citation: 11 NY Comp Codes Rules and Regs ยง 421.0

Current through Register Vol. 46, No. 12, March 20, 2024

(a) This Part establishes standards for developing and implementing administrative, technical, and physical safeguards to protect the security, confidentiality, and integrity of customer information, pursuant to sections 501, 505(b) and 507, codified at 15 U.S.C. 6801, 6805(b) and 6807, of the Gramm-Leach-Bliley Act.

(b) Section 501(a) provides that it is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers' nonpublic personal information. Section 501(b) requires the State insurance regulatory authorities to establish appropriate standards relating to administrative, technical, and physical safeguards:

(1) to insure the security and confidentiality of customer records and information;

(2) to protect against any anticipated threats or hazards to the security or integrity of such records; and

(3) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer.

(c) Section 505(b)(2) calls upon the State insurance regulatory authorities to implement the standards prescribed under section 501(b) by rule with respect to persons engaged in providing insurance.

(d) Section 507 provides that a state regulation may afford persons greater privacy protections than those provided by subtitle A of title V of the Gramm-Leach-Bliley Act. This Part requires that the safeguards established pursuant to this Part shall apply to nonpublic personal information, including health information, as health information is covered by the privacy protections set forth in Part 420 of this Title (Regulation 169).

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