Current through Register Vol. 63, No. 12, December 1, 2024
(1) Form of opt in notice. The form of the
disclosure authorization (the opt in form) is governed by ORS
746.630, and is used with
respect to disclosures of personal information that do not meet one or more of
the conditions specified in 746.665(1).
(2) Form of opt out notice. Sections (2) to
(10) of this rule govern the form of and requirements applicable to an opt out
notice when the notice is required by ORS
746.665(1)(k).
If a licensee is required to provide an opt out notice by ORS
746.665(1)(k),
the licensee shall accurately explain the right to opt out under that
provision. The notice shall state:
(a) That
the licensee discloses or reserves the right to disclose personal financial
information about its consumer to a nonaffiliated third party;
(b) That the consumer has the right to opt
out of that disclosure; and
(c) A
reasonable means by which the consumer may exercise the opt out
right.
(3) The following
are examples for purposes of section (2) of this rule:
(a) Adequate opt out notice. A licensee
provides adequate notice that the consumer may opt out of the disclosure of
personal financial information to a nonaffiliated third party if the licensee:
(A) Identifies all of the categories of
personal financial information that it discloses or reserves the right to
disclose, and all of the categories of nonaffiliated third parties to which the
licensee discloses the information as permitted by ORS
746.665(1)(k),
and states that the consumer may opt out of the disclosure of that information;
and
(B) Identifies the insurance
products or services that the consumer obtains from the licensee, either singly
or jointly, to which the opt out direction would apply.
(b) Reasonable opt out means. A licensee
provides a reasonable means to exercise an opt out right if it:
(A) Designates check-off boxes in a prominent
position on the relevant forms with the opt out notice;
(B) Includes a reply form together with the
opt out notice;
(C) Provides an
electronic means to opt out, such as a form that can be sent by electronic mail
or a process at the licensee's web site, if the consumer agrees to the
electronic delivery of information; or
(D) Provides a toll-free telephone number
that the consumers may call to opt out.
(c) Unreasonable opt out means. A licensee
does not provide a reasonable means of opting out if:
(A) The only means of opting out is for the
consumer to write the consumer's own letter to exercise that opt out right;
or
(B) The only means of opting out
as described in any notice subsequent to the initial notice is to use a
check-off box that the licensee provided with the initial notice but did not
include with the subsequent notice.
(d) Specific opt out means. A licensee may
require each consumer to opt out through a specific means, as long as that
means is reasonable for that consumer.
(4) Same form as initial notice permitted. A
licensee may provide the opt out notice for purposes of ORS
746.665(1)(k)
together with or on the same written or electronic form as the initial notice
the licensee provides in accordance with OAR
836-080-0516.
(5) Initial notice required when opt out
notice delivered subsequent to initial notice. If a licensee provides the opt
out notice later than required for the initial notice in accordance with OAR
836-080-0516, the licensee shall
also include a copy of the initial notice with the opt out notice in writing
or, if the consumer agrees, electronically.
(6) The following governs joint
relationships:
(a) If two or more consumers
jointly obtain an insurance product or service from a licensee, the licensee
may provide a single opt out notice. The licensee's opt out notice shall
explain how the licensee will treat an opt out direction by a joint consumer as
explained in subsection (e) of this section.
(b) Any of the joint consumers may exercise
the right to opt out. The licensee may either:
(A) Treat an opt out direction by a joint
consumer as applying to all of the associated joint consumers; or
(B) Permit each joint consumer to opt out
separately.
(c) If a
licensee permits each joint consumer to opt out separately, the licensee shall
permit one of the joint consumers to opt out on behalf of all of the joint
consumers.
(d) A licensee may not
require all joint consumers to opt out before the licensee implements any opt
out direction.
(e) The following is
an example for purposes of this section. If John and Mary are both named
policyholders on a homeowner's insurance policy issued by a licensee and the
licensee sends policy statements to John's address, the licensee may do any of
the following, but the licensee shall explain in the opt out notice of notice
of the licensee which opt out policy the licensee will follow:
(A) Send a single opt out notice to John's
address, but the licensee shall except an opt out direction from either John or
Mary.
(B) Treat an opt out
direction by either John or Mary as applying to the entire policy. If the
licensee does so and John opts out, the licensee may not require Mary to opt
out as well before implementing John's opt out direction.
(C) Permit John and Mary to make different
opt out directions. If the licensee does no:
(i) The licensee shall permit John and Mary
to opt out for each other;
(ii) If
both opt out, the licensee shall permit both of them to notify the licensee in
a single response, such as on a form or through a telephone call; and
(iii) If John opts out and Mary does not, the
licensee may disclose personal financial information only about Mary but not
about John, and not about John and Mary jointly.
(7) Time to comply with opt out. A
licensee shall comply with a consumer's opt out direction as soon as reasonably
practicable after the licensee receives the direction.
(8) Continuing right to opt out. A consumer
may exercise the right to opt out at any time.
(9) The duration of a consumer's opt out
direction is governed as follows:
(a) A
consumer's direction to opt out under this rule is effective until the consumer
revokes it in writing or, if the consumer agrees, electronically.
(b) When a customer relationship terminates,
the customer's opt out direction continues to apply to the personal financial
information that the licensee collected during or related to that relationship.
If the individual subsequently establishes a new customer relationship with the
licensee, the opt out direction that applied to the former relationship does
not apply to the new relationship.
(10) Delivery. When a licensee is required to
deliver an opt out notice by this rule, the licensee shall deliver it according
to OAR 836-080-0536.
Stat. Auth.: ORS
731.244, ORS
746.600 & ORS
746.620
Stats. Implemented: ORS
746.600, ORS
746.620, ORS
746.630 & ORS
746.665