(a) A licensee shall provide an opt out notice to each of the licensee’s consumers that is clear and conspicuous and accurately explains the right to opt out. The notice shall state:

Terms Used In Hawaii Revised Statutes 431:3A-204

  • 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
  • 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) That the licensee discloses or reserves the right to disclose nonpublic personal financial information about its consumer to a nonaffiliated third party;
(2) That the consumer has the right to opt out of that disclosure; and
(3) A reasonable means by which the consumer may exercise the opt out right.
(b) A licensee may provide the opt out notice together with or on the same written or electronic form as the initial notice the licensee provides in accordance with § 431:3A-201.
(c) If a licensee provides the opt out notice later than required for the initial notice in accordance with § 431:3A-201, the licensee shall also include a copy of the initial notice with the opt out notice in writing or, if the consumer agrees, electronically.
(d) If two or more consumers jointly obtain an insurance product or service from a licensee, the licensee may provide a single opt out notice. The licensee’s opt out notice shall explain that any of the joint consumers may exercise the right to opt out; provided that the licensee may:

(1) Treat an opt out direction by a joint consumer as applying to all of the associated joint consumers; or
(2) Permit each joint consumer to opt out separately; provided that if a licensee permits each joint consumer to opt out separately, the licensee shall permit one of the joint consumers to opt out on behalf of all of the joint consumers.

A licensee may not require all joint consumers to opt out before it implements any opt out direction.

(e) A licensee shall comply with a consumer’s opt out direction as soon as reasonably practicable after the licensee receives it.
(f) A consumer may exercise the right to opt out at any time.
(g) A consumer’s direction to opt out under this section shall be effective until the consumer revokes it in writing or, if the consumer agrees, electronically. When a customer relationship terminates, the customer’s opt out direction shall continue to apply to the nonpublic personal financial information that the licensee collected during or related to that relationship. If the individual subsequently establishes a new customer relationship with the licensee, the opt out direction that applied to the former relationship shall not apply to the new relationship.
(h) If a licensee is required to deliver an opt out notice by this section, the licensee shall deliver it in accordance with § 431:3A-206.

  Previous
Next  
 Part II Contents