South Dakota Administrative Rules
Title 20 - PUBLIC SAFETY
Article 20:06 - INSURANCE
Chapter 20:06:45 - Privacy of consumer financial and health information
Section 20:06:45:09 - Delivery
Universal Citation: SD Admin Rules 20:06:45:09
Current through Register Vol. 50, page 114, March 25, 2024
(1) How to provide notices. A licensee shall provide any notices that this chapter requires so that each customer can reasonably be expected to receive actual notice in writing or, if the consumer agrees, electronically.
(2)
(A) Examples of reasonable expectation of actual notice. A licensee may reasonably expect that a consumer will receive actual notice if the licensee:
(1) Hand-delivers a printed copy of the notice to the consumer;
(2) 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;
(3) 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; or
(4) 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.
(B) 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:
(1) Only posts a sign in its office or generally publishes advertisements of its privacy policies and practices; or
(2) Sends the notice via electronic mail to a consumer who does not obtain an insurance product or service from the licensee electronically.
(3) Annual notices only. A licensee may reasonably expect that a customer will receive actual notice of the licensee's annual privacy notice if:
(A) 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
(B) 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.
(4) Oral description of notice insufficient. A licensee may not provide any notice required by this chapter solely by orally explaining the notice, either in person or over the telephone.
(5) Retention or accessibility of notices for customers.
(A) For customers only, a licensee shall provide the initial notice required by subdivision 20:06:45:04(1)(A), the annual notice required by subdivision 20:06:45:05(1), and the revised notice required by §
20:06:45:08 so that the customer can retain them or obtain them later in writing or, if the customer agrees, electronically.
(B) Examples of retention of accessibility. A licensee provides a privacy notice to the customer so that the customer can retain it or obtain it later if the licensee:
(1) Hand-delivers a printed copy of the notice to the customer;
(2) Mails a printed copy of the notice to the last known address of the customer; or
(3) 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.
(6) 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.
(7) 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 subdivisions 20:06:45:04(1), 20:06:45:05(1), and 20:06:45:08(1), respectively, by providing one notice to those consumers jointly.
General Authority: SDCL 58-2-40, 58-2-41.
Law Implemented: SDCL 58-2-40, 58-2-41.
Disclaimer: These regulations may not be the most recent version. South Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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