Can I ignore consumer requests for information or deletion in North Carolina? What are the requirements?

Consumer Requests for Information or Deletion in North Carolina

In North Carolina, an insurance institution, agent, or insurance-support organization must comply with a written request from an individual to correct, amend, or delete any recorded personal information about the individual within its possession ^[1.1]. The request must be made in writing and must be reasonably described by the individual and reasonably locatable and retrievable by the insurance institution, agent, or insurance-support organization ^[1.2].

Upon receipt of the request, the insurance institution, agent, or insurance-support organization must either correct, amend, or delete the portion of the recorded personal information in dispute within 30 business days or notify the individual of its refusal to make such correction, amendment, or deletion, along with the reasons for the refusal and the individual’s right to file a statement ^[1.1].

If the insurance institution, agent, or insurance-support organization corrects, amends, or deletes recorded personal information, it must notify the individual in writing and furnish the correction, amendment, or fact of deletion to any person specifically designated by the individual who may have received such recorded personal information within the preceding two years, any insurance-support organization whose primary source of personal information is insurance institutions if the insurance-support organization has systematically received such recorded personal information from the insurance institution within the preceding seven years, and any insurance-support organization that furnished the personal information that has been corrected, amended, or deleted ^[1.1].

If an individual disagrees with an insurance institution’s, agent’s, or insurance-support organization’s refusal to correct, amend, or delete recorded personal information, the individual may file a concise statement setting forth what the individual thinks is the correct, relevant, or fair information and a concise statement of the reasons why the individual disagrees with the insurance institution’s, agent’s, or insurance-support organization’s refusal to correct, amend, or delete recorded personal information ^[1.1].

In the event an individual files either statement, the insurance institution, agent, or support organization must file the statement with the disputed personal information and provide a means by which anyone reviewing the disputed personal information will be made aware of the individual’s statement and have access to it. In any subsequent disclosure by the insurance institution, agent, or support organization of the recorded personal information that is the subject of disagreement, the matter or matters in dispute must be clearly identified, and the individual’s statement must be provided along with the recorded personal information being disclosed. The statement must also be furnished to the persons and in the manner specified in subsection (b) of this section ^[1.1].

The rights granted to individuals in North Carolina extend to all natural persons to the extent information about them is collected and maintained by an insurance institution, agent, or insurance-support organization in connection with an insurance transaction. However, the rights granted to all natural persons do not extend to information about them that relates to and is collected in connection with or in reasonable anticipation of a claim or civil or criminal proceeding involving them ^[1.1][1.2].

Therefore, you cannot ignore consumer requests for information or deletion in North Carolina if you are an insurance institution, agent, or insurance-support organization. You must comply with the written request from an individual to correct, amend, or delete any recorded personal information about the individual within your possession. If you refuse to make such correction, amendment, or deletion, you must notify the individual of the reasons for the refusal and the individual’s right to file a statement.

Source(s):

• [1.1] Correction, amendment, or deletion of recorded personal information.
• [1.2] Access to recorded personal information.

Jurisdiction

North Carolina

• Privacy