(a) The initial, annual, and revised privacy notices that a licensee provides under sections 431:3A-201, 431:3A-202, and 431:3A-205 shall include the following information, in addition to any other information the licensee wishes to provide, that applies to the licensee and to the consumers to whom the licensee sends its privacy notice:

Terms Used In Hawaii Revised Statutes 431:3A-203

  • Clear and conspicuous: means reasonably understandable and designed to call attention to the nature and significance of the information in the notice. See Hawaii Revised Statutes 431:3A-102
  • Consumer: means an individual, or that individual's legal representative, who seeks to obtain, obtains, or has obtained an insurance product or service from a licensee that is to be used primarily for personal, family, or household purposes, and about whom the licensee has nonpublic personal information. See Hawaii Revised Statutes 431:3A-102
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • Nonaffiliated third party: means any person except:

    (1) A licensee's affiliate; or

    (2) A person employed jointly by a licensee and any company that is not the licensee's affiliate; provided that for purposes of this paragraph, a nonaffiliated third party includes the other company that jointly employs the person. See Hawaii Revised Statutes 431:3A-102

(1) The categories of nonpublic personal financial information that the licensee collects;
(2) The categories of nonpublic personal financial information that the licensee discloses;
(3) The categories of affiliates and nonaffiliated third parties to whom the licensee discloses nonpublic personal financial information, other than those parties to whom the licensee discloses information under §§ 431:3A-402 and 431:3A-403;
(4) The categories of nonpublic personal financial information about the licensee’s former customers that the licensee discloses, and the categories of affiliates and nonaffiliated third parties to whom the licensee discloses nonpublic personal financial information about the licensee’s former customers, other than those parties to whom the licensee discloses information under §§ 431:3A-402 and 431:3A-403;
(5) A separate description of the categories of information the licensee discloses and the categories of third parties with whom the licensee has contracted, if a licensee discloses nonpublic personal financial information to a nonaffiliated third party under § 431:3A-401 and no other exception in §§ 431:3A-402 and 431:3A-403 applies to that disclosure;
(6) An explanation of the consumer‘s right under section 431:3A-301(a) 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 at that time;
(7) Any disclosures that the licensee makes under section 603(d)(2)(A)(iii) of the federal Fair Credit Reporting Act, Title 15 United States Code § 1681a(d)(2)(A)(iii), as amended;
(8) The licensee’s policies and practices with respect to protecting the confidentiality and security of nonpublic personal information; and
(9) Any disclosure that the licensee makes under subsection (b).
(b) If a licensee discloses nonpublic personal financial information under §§ 431:3A-402 and 431:3A-403, the licensee is not required to list those exceptions in the initial or annual privacy notices required by §§ 431:3A-201 and 431:3A-202. When describing the categories of parties to whom disclosure is made, the licensee shall state only that it makes disclosures to other affiliated or nonaffiliated third parties, as applicable, as permitted by law.
(c) A licensee may satisfy the initial notice requirements in sections 431:3A-201(a) and 431:3A-204(c) for a consumer who is not a customer by providing a short form initial notice at the same time the licensee delivers an opt out notice under § 431:3A-204. A short form initial notice shall:

(1) Be clear and conspicuous;
(2) State that the licensee’s privacy notice is available upon request; and
(3) Explain a reasonable means by which the consumer may obtain that notice.

The licensee shall deliver a short form initial notice in accordance with § 431:3A-206. The licensee shall not be required to deliver its privacy notice with its short form initial notice; provided that the licensee provides the consumer a reasonable means to obtain a privacy notice. If a consumer receives the licensee’s short form notice and requests a privacy notice, the licensee shall deliver a privacy notice under § 431:3A-206.

(d) The privacy notice may include:

(1) Categories of nonpublic personal financial information that the licensee reserves the right to disclose in the future, but does not currently disclose; and
(2) Categories of affiliates or nonaffiliated third parties to whom the licensee reserves the right in the future to disclose, but to whom the licensee does not currently disclose, nonpublic personal financial information.
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