Law / United States / 
Virginia
Insurance Information and Privacy Protection: disclosure for actuarial or research studies
Va. Code Ann. § 38.2-613(B)(8)
In force.
A de-identification rule binding private bodies.
- Audit expectation
- on_request
- Who audits it
- Regulator
What it requires
- If you are an insurance institution, agent or insurance-support organization disclosing personal or privileged information about an individual for an actuarial or research study without the individual's written authorization, make sure no individual may be identified in any actuarial or research report, return or destroy the materials that allow the individual to be identified as soon as they are no longer needed, and get the actuarial or research organization to agree not to disclose the information unless the disclosure would otherwise be permitted by section 38.2-613 if made by an insurance institution, agent or insurance-support organization (section 38.2-613(B)(8)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Criminal exposureNo
Private right of actionYes
Penalty structure
Section 38.2-218: a person who knowingly or willfully violates any provision of Title 38.2 is punished for each violation by a penalty of not more than $5,000, and a person who violates a provision without knowledge or intent may be punished for each violation by a penalty of not more than $1,000, with a series of similar violations from the same act limited to $10,000 in the aggregate.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 5,000
Who enforces it
Enforcement body
State Corporation Commission, which may examine and investigate any insurance institution or agent doing business in the Commonwealth, and any insurance-support organization that acts on behalf of an insurance institution or agent, to determine whether it has engaged in conduct that violates the article (section 38.2-614).
What it reaches
How the hook was established
express
What makes it apply
Data subject residence, Market targeting
Obligation class
Disclosure, Prohibition
Applicability criteria
- As of
- Combinator
- All of
- Criteria
- insurance purchased primarily for personal, family or household purposes
What record it asks for
Who may demand the log
Regulator
Logging duty
Section 38.2-613(B)(8) states no log or record duty of its own. The disclosure record that sections 38.2-608 to 38.2-613 touch is described on the row for sections 38.2-600 to 38.2-619.
- Kind
- None
- As of
What this law does
An insurance institution is a 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.
Article 1 of chapter 6 of Title 38.2 of the Code of Virginia binds insurance institutions, agents and insurance-support organizations that, for life or accident and sickness insurance, collect, receive or maintain information about Virginia residents or engage in transactions with Virginia residents, and, for property or casualty insurance, handle information about or engage in transactions on policies delivered, issued for delivery or renewed in the Commonwealth.
Under section 38.2-613(B), an insurance institution, agent, or insurance-support organization may disclose personal or privileged information about an individual collected or received in connection with an insurance transaction without written authorization in the circumstances the subsection lists. A disclosure made for the purpose of conducting actuarial or research studies is permitted without written authorization only if no individual may be identified in any actuarial or research report.
The materials that allow the individual to be identified must be returned or destroyed as soon as they are no longer needed, and the actuarial or research organization must agree not to disclose the information unless the disclosure would otherwise be permitted by section 38.2-613 if made by an insurance institution, agent, or insurance-support organization.
The State Corporation Commission may examine and investigate any insurance institution or agent doing business in the Commonwealth to determine whether it has engaged in conduct that violates article 1 of chapter 6 of Title 38.2. Section 38.2-218 of the Code of Virginia punishes a knowing or willful violation of any provision of Title 38.2 by a penalty of not more than $5,000 for each violation.
When LexLint raises it
When your app profile says your app is an insurer, processes personal data or processes de-identified data.
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