S.D. Admin. R. 20:06:45:01

Current through Register Vol. 50, page 159, June 17, 2024

Section 20:06:45:01 - Purpose and scope

(1) Purpose. This chapter governs the treatment of nonpublic personal health information and nonpublic personal financial information about individuals by all licensees of the state insurance division. This chapter:

(A) Requires a licensee to provide notice to individuals about its privacy policies and practices;

(B) Describes the conditions under which a licensee may disclose nonpublic personal health information and nonpublic personal financial information about individuals to affiliates and nonaffiliated third parties;

(C) Provides methods for individuals to prevent a licensee from disclosing that information; and

(D) Establishes standards for developing and implementing administrative, technical, and physical safeguards to protect the security, confidentiality, and integrity of customer information.

(2) Scope. This chapter applies to nonpublic personal health information and nonpublic personal financial information about individuals who obtain, or are claimants or beneficiaries of, products or services primarily for personal, family, or household purposes from licensees. This chapter does not apply to information about companies or about individuals who obtain products or services for business, commercial, or agricultural purposes.

(3) Compliance. A licensee domiciled in this state that is in compliance with this chapter in a state that has not enacted laws or regulations that meet the requirements of Title V of the Gramm-Leach-Bliley Act (Pub. L. No. 102-106) may nonetheless be deemed to be in compliance with Title V of the Gramm-Leach-Bliley Act in such other state.

S.D. Admin. R. 20:06:45:01

28 SDR 15, effective 7/1/2001; 29 SDR 48, effective 10/10/2002; 31 SDR 67, effective 11/14/2004.

General Authority: SDCL 58-2-40, 58-2-41.

Law Implemented: SDCL 58-2-40, 58-2-41.