§ 23-61-113 - Disclosure of nonpublic personal information. - Arkansas Statutes

23-61-113. Disclosure of nonpublic personal information.

(a) No person shall disclose any nonpublic personal information contrary to the provisions of Title V of the Gramm-Leach-Bliley Act of 1999, Pub. L. No. 106-102.

(b) The Insurance Commissioner shall adopt rules and regulations governing the treatment of consumer financial and protected health information by the Arkansas Comprehensive Health Insurance Pool and by all licensed insurers, health maintenance organizations, or other insuring health entities regulated by the commissioner, producers, and other persons licensed or required to be licensed, authorized or required to be authorized, or registered or required to be registered by the commissioner.

(c) (1) The commissioner shall waive any provision of this section that creates any conflict with similar federal laws or regulations, or which, due to the enactment of any such similar federal laws or regulations, creates an undue burden or increased financial or operational demands upon any person or entity referenced in subsection (b) of this section in order to comply with this section, the regulations to be promulgated by the commissioner, and similar federal laws and regulations.

(2) Any person or entity referenced in subsection (b) of this section may request a hearing before the commissioner to seek the waiver referenced in subdivision (c)(1) of this section.

(3) (A) Under 23-61-307, any person or entity referenced in subsection (b) of this section is entitled to appeal the commissioner's decision to deny a waiver.

(B) In any appeal pursuant to this section, the commissioner shall be named as defendant.

(C) In any such action, the commissioner may but shall not be obligated to defend the action, in his or her discretion.