Virginia Code 38.2-609: 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, agent, or insurance-support organization shall either:
Terms Used In Virginia Code 38.2-609
- 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.
- in writing: include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Virginia Code 1-257
- Individual: means any natural person who:
1. See Virginia Code 38.2-602
- Insurance institution: means any corporation, association, partnership, reciprocal exchange, inter-insurer, Lloyd's type of organization, fraternal benefit society, or other person engaged in the business of insurance, including health maintenance organizations, and health, legal, dental, and optometric service plans. See Virginia Code 38.2-602
- Insurance transaction: means any transaction involving insurance primarily for personal, family, or household needs rather than business or professional needs that entails:
1. See Virginia Code 38.2-602
- Insurance-support organization: means 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 agent for insurance transactions, including (i) the furnishing of consumer reports or investigative consumer reports to an insurance institution or agent for use in connection with an insurance transaction or (ii) the collection of personal information from insurance institutions, agents 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 Virginia Code 38.2-602
- Person: means any association, aggregate of individuals, business, company, corporation, individual, joint-stock company, Lloyds type of organization, organization, partnership, receiver, reciprocal or interinsurance exchange, trustee or society. See Virginia Code 38.2-100
- Personal information: includes an individual's name and address and medical-record information, but does not include (i) privileged information or (ii) any information that is publicly available. See Virginia Code 38.2-602
1. Correct, amend, or delete the portion of the recorded personal information in dispute; or
2. Notify the individual of:
a. Its refusal to make the correction, amendment, or deletion;
b. The reasons for the refusal; and
c. The individual’s right to file a statement as provided in subsection C of this section.
B. If the insurance institution, agent, or insurance-support organization corrects, amends, or deletes recorded personal information in accordance with subdivision 1 of subsection A of this section, the insurance institution, agent, or insurance-support organization shall so notify the individual in writing and furnish the correction, amendment, or fact of deletion to:
1. Any person specifically designated by the individual who, within the preceding two years, may have 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. 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; and
3. Any insurance-support organization that furnished the personal information that has been corrected, amended, or deleted.
C. Whenever an individual disagrees with an insurance institution’s, agent’s, or insurance-support organization’s refusal to correct, amend, or delete recorded personal information, the individual shall be permitted to file with the insurance institution, agent, or insurance-support organization:
1. A concise statement setting forth what the individual thinks is the correct, relevant, or fair information; and
2. A concise statement of the reasons why the individual disagrees with the insurance institution’s, agent’s, or insurance-support organization’s refusal to correct, amend, or delete recorded personal information.
D. In the event an individual files either statement as described in subsection C of this section, the insurance institution, agent, 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; and
2. In any subsequent disclosure by the insurance institution, agent, or support organization of the recorded personal information that is the subject of disagreement, clearly identify the matter or matters in dispute and provide the individual’s statement along with the recorded personal information being disclosed; and
3. Furnish the statement to the persons and in the manner specified in subsection B of this section.
E. The rights granted to individuals in this section shall extend to all natural persons to the extent information about them is collected and maintained by an insurance institution, agent, or insurance-support organization in connection with an insurance transaction. The rights granted to all natural persons by this subsection shall 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.
F. For purposes of this section, the term “insurance-support organization” does not include “consumer reporting agency.”
1981, c. 389, § 38.1-57.12; 1986, c. 562.