§ 58-39-45. Access to recorded personal information. - North Carolina Statutes

§ 58‑39‑45. Access to recorded personal information.

(a)        If any individual,after proper identification, submits a written request to an insuranceinstitution, agent, or insurance‑support organization for access torecorded personal information about the individual that is reasonably describedby the individual and reasonably locatable and retrievable by the insuranceinstitution, agent, or insurance‑support organization, the insuranceinstitution, agent, or insurance‑support organization shall within 30 businessdays from the date such request is received:

(1)        Inform theindividual of the nature and substance of such recorded personal information inwriting, by telephone, or by other oral communication, whichever the insuranceinstitution, agent, or insurance‑support organization prefers;

(2)        Permit theindividual to see and copy, in person, such recorded personal informationpertaining to him or to obtain a copy of such recorded personal information bymail, whichever the individual prefers, unless such recorded personalinformation is in coded form, in which case an accurate translation in plainlanguage shall be provided in writing;

(3)        Disclose to theindividual the identity, if recorded, of those persons to whom the insuranceinstitution, agent, or insurance‑support organization has disclosed suchpersonal information within two years prior to such request, and if theidentity is not recorded, the names of those insurance institutions, agents,insurance‑support organizations or other persons to whom such informationis normally disclosed; and

(4)        Provide theindividual with a summary of the procedures by which he may request correction,amendment, or deletion of recorded personal information.

(b)        Any personalinformation provided pursuant to subsection (a) of this section shall identifythe source of the information if such source is an institutional source.

(c)        Medical‑recordinformation supplied by a medical‑care institution or medicalprofessional and requested under subsection (a) of this section together withthe identity of the medical professional or medical‑care institution thatprovided such information, shall be supplied either directly to the individualor to a medical professional designated by the individual and licensed toprovide medical care with respect to the condition to which the informationrelates, whichever the insurance institution, agent, or insurance‑supportorganization prefers. If it elects to disclose the information to a medicalprofessional designated by the individual, the insurance institution, agent, orinsurance‑support organization shall notify the individual, at the timeof the disclosure, that it has provided the information to the medicalprofessional.

(d)        Except for personalinformation provided under G.S. 58‑39‑55, an insurance institution,agent, or insurance‑support organization may charge a reasonable fee tocover the costs incurred in providing a copy of recorded personal informationto individuals.

(e)        The obligationsimposed by this section upon an insurance institution or agent may be satisfiedby another insurance institution or agent authorized to act on its behalf. Withrespect to the copying and disclosure of recorded personal information pursuantto a request under subsection (a) of this section, an insurance institution,agent, or insurance‑support organization may make arrangements with aninsurance‑support organization or a consumer reporting agency to copy anddisclose recorded personal information on its behalf.

(f)         The rights grantedto individuals in this section shall extend to all natural persons to theextent information about them is collected and maintained by an insuranceinstitution, agent, or insurance‑support organization in connection withan insurance transaction. The rights granted to all natural persons by thissubsection shall not extend to information about them that relates to and iscollected in connection with or in reasonable anticipation of a claim or civilor criminal proceeding involving them.

(g)        For purposes ofthis section, the term, "insurance‑support organization" doesnot include the term, "consumer reporting agency." (1981, c. 846, s. 1; 2003‑262,s. 2(1).)