Law / United States / 
Louisiana
Insurance privacy regulation (Regulation 76): privacy notices and opt out of disclosure of nonpublic personal financial information
La. Admin. Code tit. 37, pt. XIII, ch. 99, sections 9901 to 9955 (Regulation 76)
In force.
A data subject rights rule binding private bodies.
- Obligation class
- Disclosure, Data subject rights, Consent
- Audit expectation
- none
As of .
What it requires
- As a licensee of the Louisiana Department of Insurance, give each customer a clear and conspicuous notice that accurately reflects your privacy policies and practices not later than when you establish the customer relationship, and give each consumer such a notice before you disclose any nonpublic personal financial information about the consumer to a nonaffiliated third party, other than as the regulation's exceptions authorize (La. Admin. Code tit. 37, section 9911(A)).
- Give each customer such a notice not less than annually during the continuation of the customer relationship, unless you have not changed your disclosure policies and practices since the most recent disclosure and provide information to nonaffiliated third parties only in accordance with the regulation (La. Admin. Code tit. 37, sections 9913(A) and (D)).
- Include in each initial, annual and revised notice the categories of nonpublic personal financial information you collect and disclose, the categories of affiliates and nonaffiliated third parties to whom you disclose it, an explanation of the consumer's right to opt out and how to exercise it, and your policies and practices for protecting the confidentiality and security of nonpublic personal information (La. Admin. Code tit. 37, section 9915(A)).
- Give each consumer an opt out notice that states you disclose or reserve the right to disclose nonpublic personal financial information about the consumer to a nonaffiliated third party, that the consumer has the right to opt out of that disclosure, and a reasonable means to exercise the right (La. Admin. Code tit. 37, section 9917(A)).
- Do not, directly or through any affiliate, disclose a consumer's nonpublic personal financial information to a nonaffiliated third party unless you gave the initial notice and the opt out notice, gave the consumer a reasonable opportunity to opt out before the disclosure (for example, 30 days from mailing), and the consumer did not opt out (La. Admin. Code tit. 37, section 9923(A)).
- Do not, directly or through an affiliate, disclose a policy number or similar access number or code for a consumer's policy or transaction account to a nonaffiliated third party for use in telemarketing, direct mail marketing or marketing through electronic mail, other than to a consumer reporting agency (La. Admin. Code tit. 37, section 9927(A)).
- Do not unfairly discriminate against a consumer or customer because the person opted out of the disclosure of nonpublic personal financial information (La. Admin. Code tit. 37, section 9947(A)).
These lines are LexLint's reading of the law's text, as of .
Who enforces it
Enforcement body
Louisiana Commissioner of Insurance, whom the regulation's authority section charges with the duty to enforce and administer all of the provisions of the Insurance Code.
Settledness
- As of
What it makes you log
Logging duty
The regulation requires a licensee to give privacy and opt out notices and to deliver them so that a customer can retain them or obtain them later (section 9921). Those are notices to the consumer, not a duty to keep a log or to show a record on request, and the regulation names no retention period and no regulator access to a record. It reaches licensees of the Commissioner of Insurance (section 9909) and states no territorial clause, so no hook is taken.
- Kind
- None
- As of
What this law does
Regulation 76 governs the treatment of nonpublic personal financial information about individuals by all licensees of the state insurance department.
It applies to nonpublic personal financial information about individuals who obtain or are claimants or beneficiaries of products or services primarily for personal, family or household purposes from licensees, and does not apply to information about companies or about individuals who obtain products or services for business, commercial or agricultural purposes.
A licensee is any licensed insurer, producer or other person licensed or required to be licensed, authorized or required to be authorized, or registered or required to be registered with the Commissioner of Insurance.
A licensee must give an individual who becomes its customer a clear and conspicuous notice that accurately reflects its privacy policies and practices not later than when it establishes the customer relationship, and must give a consumer such a notice before it discloses any nonpublic personal financial information about the consumer to a nonaffiliated third party, other than as the regulation's exceptions authorize.
A licensee must give its customers such a notice not less than annually during the continuation of the customer relationship, meaning at least once in any period of 12 consecutive months during which that relationship exists.
A licensee that has not changed its policies and practices on disclosing nonpublic personal information from those disclosed in the most recent disclosure sent to consumers, and that provides the information to nonaffiliated third parties only in accordance with the regulation, is not required to provide an annual disclosure until it fails to meet those criteria.
Each initial, annual and revised privacy notice must include the categories of nonpublic personal financial information the licensee collects, the categories it discloses, and the categories of affiliates and nonaffiliated third parties to whom it discloses.
Each such notice must also include an explanation of the consumer's right to opt out of the disclosure of nonpublic personal financial information to nonaffiliated third parties, including the methods by which the consumer may exercise that right. Each such notice must also include the licensee's policies and practices with respect to protecting the confidentiality and security of nonpublic personal information.
An opt out notice must state that the licensee discloses or reserves the right to disclose nonpublic personal financial information about its consumer to a nonaffiliated third party, that the consumer has the right to opt out of that disclosure, and a reasonable means by which the consumer may exercise the opt out right.
A licensee may not, directly or through any affiliate, disclose nonpublic personal financial information about a consumer to a nonaffiliated third party unless it has provided the initial notice and the opt out notice, has given the consumer a reasonable opportunity to opt out before the disclosure, and the consumer does not opt out.
A licensee that mails the notices gives a reasonable opportunity to opt out if it allows the consumer to opt out by mailing a form, calling a toll-free telephone number or any other reasonable means within 30 days from the date it mailed the notices.
A licensee may not, directly or through an affiliate, disclose a policy number or similar form of access number or access code for a consumer's policy or transaction account, other than to a consumer reporting agency, to a nonaffiliated third party for use in telemarketing, direct mail marketing or other marketing through electronic mail to the consumer.
A licensee may not unfairly discriminate against a consumer or customer because the consumer or customer has opted out from the disclosure of nonpublic personal financial information. Any failure to comply with the regulation is a violation of Revised Statutes title 22, section 1214 and the sections that follow, and subjects the violator to the penalties provided in sections 22:1217 and 22:1217.1 of the Revised Statutes and any other applicable provision of law.
Regulation 76 was promulgated by the Department of Insurance in April 2001 and amended in March 2017. The regulation is effective upon adoption.
When LexLint raises it
When your app profile says your app is an insurer.