Arizona Laws 20-2109. Correction, amendment or deletion of recorded personal information
A. Within thirty business days from the date of receipt of a written request from an individual to correct, amend or delete any recorded personal information about the individual within its possession, an insurance institution, insurance producer or insurance support organization shall either:
Terms Used In Arizona Laws 20-2109
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Consumer reporting agency: means any person who does any of the following:
(a) Regularly engages, in whole or in part, in the practice of assembling or preparing consumer reports for a monetary fee. See Arizona Laws 20-2102
- Individual: means any natural person who:
(a) In the case of property or casualty insurance, is a past, present or proposed named insured or certificate holder. See Arizona Laws 20-2102
- Insurance institution: means any corporation, association, partnership, reciprocal insurer, inter-insurer, Lloyd's association, fraternal benefit society or other person engaged in the business of insurance, including health care service organizations and hospital, medical, dental and optometric service corporations as defined in this title. See Arizona Laws 20-2102
- Insurance producer: means an insurance producer as defined in section 20-281. See Arizona Laws 20-2102
- Insurance support organization: means :
(a) Any person who regularly engages, in whole or in part, in the practice of assembling or collecting information about natural persons for the primary purpose of providing the information to an insurance institution or insurance producer for insurance transactions, including the furnishing of consumer reports or investigative consumer reports to an insurance institution or insurance producer for use in connection with an insurance transaction or the collection of personal information from insurance institutions, insurance producers or other insurance support organizations for the purpose of detecting or preventing fraud, material misrepresentation or material nondisclosure in connection with insurance underwriting or insurance claim activity. See Arizona Laws 20-2102
- Insurance transaction: means any transaction that involves insurance primarily for personal, family or household needs rather than business or professional needs and that entails the determination of an individual's eligibility for an insurance coverage, benefit or payment or the servicing of an insurance application, policy, contract or certificate, including transfers of business. See Arizona Laws 20-2102
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Personal information: means any individually identifiable information gathered in connection with an insurance transaction and from which judgments can be made about an individual's character, habits, avocations, finances, occupation, general reputation, credit, health or any other personal characteristics. See Arizona Laws 20-2102
- Writing: includes printing. See Arizona Laws 1-215
1. Correct, amend or delete the portion of the recorded personal information in dispute.
2. Notify the individual of its refusal to make the correction, amendment or deletion, the reasons for the refusal and the individual’s right to file a statement as provided in subsection C.
B. If the insurance institution, insurance producer or insurance support organization corrects, amends or deletes recorded personal information, the insurance institution, insurance producer or insurance support organization shall so notify the individual in writing and furnish the correction, amendment or fact of deletion to the following, as applicable:
1. Any person specifically designated by the individual who may have, within the preceding two years, received the recorded personal information.
2. Any insurance support organization whose primary source of personal information is insurance institutions if the insurance support organization has systematically received the recorded personal information from the insurance institution within the preceding seven years, except that the correction, amendment or fact of deletion need not be furnished if the insurance support organization no longer maintains recorded personal information about the individual.
3. Any insurance support organization that furnished the personal information that has been corrected, amended or deleted.
C. If an individual disagrees with an insurance institution’s, insurance producer’s or insurance support organization’s refusal to correct, amend or delete recorded personal information, the individual may file with the insurance institution, insurance producer or insurance support organization a concise statement setting forth what the individual thinks is the correct, relevant or fair information and a concise statement of the reasons why the individual disagrees with the insurance institution’s, insurance producer’s or insurance support organization’s refusal to correct, amend or delete recorded personal information.
D. If the individual files either statement as described in subsection C, the insurance institution, insurance producer or support organization shall:
1. File the statement with the disputed personal information and provide a means by which anyone reviewing the disputed personal information will be made aware of the individual’s statement and have access to it.
2. In any subsequent disclosure by the insurance institution, insurance producer or insurance support organization of the recorded personal information that is the subject of disagreement, clearly identify the matter in dispute and provide the individual’s statement along with the recorded personal information being disclosed.
3. Furnish the statement to the persons and in the manner prescribed in subsection B.
E. If the individual so requests, the insurance institution shall reconsider its underwriting decision based on any corrected information or the individual’s statement provided under subsections C and D.
F. The rights granted to individuals in this section extend to all natural persons to the extent information about them is collected and maintained by an insurance institution, insurance producer or insurance support organization in connection with an insurance transaction. The rights granted to all natural persons by this section do not extend to information about them that relates to and is collected in connection with or in reasonable anticipation of a claim or civil or criminal proceeding involving them.
G. For purposes of this section, "insurance support organization" does not include a consumer reporting agency.