Nev. Admin. Code § 679B.710 - Correction, amendment or deletion of recorded personal information

1. Within 30 business days after the postmark on a written request from a natural person to correct, amend or delete any recorded personal information about him or her within its possession, an insurance institution, agent or insurance-support organization shall:

(a) Correct, amend or delete the portion of the recorded personal information in dispute; or

(b) Notify the natural person of:

(1) Its refusal to make the correction, amendment or deletion;

(2) The reasons for the refusal; and

(3) The natural person's right to file a statement as provided in subsection 3.

2. If the insurance institution, agent or insurance-support organization corrects, amends or deletes recorded personal information in accordance with paragraph (a) of subsection 1, the insurance institution, agent or insurance-support organization shall notify the natural person of this fact in writing and furnish the correction, amendment or deletion to:

(a) Any person specifically designated by the natural person who may have within the preceding 2 years received the recorded personal information;

(b) 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 7 years, unless the insurance-support organization no longer maintains recorded personal information about the natural person; and

(c) Any insurance-support organization that furnished the personal information that has been corrected, amended or deleted.

3. Whenever a natural person disagrees with an insurance institution's, agent's or insurance-support organization's refusal to correct, amend or delete recorded personal information, the natural person may file with the insurance institution, agent or insurance-support organization a concise statement:

(a) Setting forth what the natural person thinks is the correct, relevant or fair information; and

(b) Of the reasons why the natural person disagrees with the refusal to correct, amend or delete recorded personal information.

4. If a natural person files either statement as described in subsection 3, the insurance institution, agent or insurance-support organization shall:

(a) 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 natural person's statement and have access to it;

(b) Clearly identify, in any subsequent disclosure by the insurance institution, agent or support organization of recorded personal information that is the subject of disagreement, the matter or matters in dispute and provide the natural person's statement along with the recorded personal information being disclosed; and

(c) Distribute the statement pursuant to the provisions of subsection 2.

5. The rights granted to natural persons by this section 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 do not extend to information collected in connection with or in reasonable anticipation of a claim or a civil or criminal proceeding involving them.

6. For the purposes of this section, "insurance-support organization" does not include a consumer reporting agency except to the extent that this section imposes more stringent requirements on a consumer reporting agency than any state or federal law.

Notes

Nev. Admin. Code § 679B.710

Added to NAC by Comm'r of Insurance, eff. 10-4-88

NRS 679B.130