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 OAR
836-080-0665 and is used with
respect to disclosures of personal information that do not meet one or more of
the conditions specified in
836-080-0670 or
836-080-0675.
(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 OAR
836-080-0675. If a licensee is
required to provide an opt out notice by
836-080-0675, 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 OAR
836-080-0675, and states that
the consumer may opt out of the disclosure of that information; and
(B) Identifies the health 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 OAR
836-080-0675 together with or on
the same written or electronic form as the initial notice the licensee provides
in accordance with OAR 836-080-0636.
(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
836-080-0636, 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
provisions of this section govern joint relationships:
(a) If two or more consumers jointly obtain a
health 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 health 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 accept 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 so:
(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 836-080-0660.
Stat. Auth.: ORS
731.244 &
746.608
Stats. Implemented: ORS
746.600 &
746.607
