Effective date: 12/16/2001

    (1) Purpose. This rule governs the treatment of nonpublic personal health information and nonpublic personal financial information about individuals by all licensees regulated pursuant to the Florida Insurance Code. In addition, the provisions of this rule chapter are applicable to a licensee domiciled in this state that engages in activities with respect to persons residing or domiciled in another state that has not enacted laws or regulations necessary to comply with the requirements of the Gramm-Leach-Bliley Act (PL 102-106). These rules:
    (a) Require a licensee to provide notice to individuals about its privacy policies and practices;
    (b) Describe the conditions under which a licensee may disclose nonpublic personal health information and nonpublic personal financial information about individuals to affiliates and nonaffiliated third parties; and
    (c) Provide methods for individuals to prevent a licensee from disclosing that information.
    (2) Scope. These rules apply to:
    (a) 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. These rules do not apply to information about companies or about individuals who obtain products or services for business, commercial or agricultural purposes; and
    (b) All nonpublic personal health information.
    (3) Rule of Construction. The examples in these rules and the sample clauses in Appendix A, incorporated by reference in rule 69J-128.007, F.A.C., are not exclusive. Compliance with an example or use of a sample clause, to the extent applicable, constitutes compliance with this rule.
Rulemaking Authority 624.308, 626.9651 FS. Law Implemented 624.307(1), 626.9651 FS. History—New 12-16-01, Formerly 4-128.001, Formerly 69B-128.001.