{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-604.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-604.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-604.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-604.html"}],"law_id":85852,"edition_id":1,"section_id":85852,"structure_id":14255,"section_number":"38.2-604","catch_line":"Notice of information collection and disclosure practices","history":"1981, c. 389, \u00a7 38.1-57.7; 1986, c. 562; 2001, c. 371; 2002, c. 76; 2003, c. 266.","full_text":"A\n\nAn insurance institution or agent shall provide a notice of insurance information practices to all applicants or policyholders in connection with insurance transactions as provided in this section:1\n\nIn the case of an application for insurance a notice shall be provided no later than:\n\t\t\t\ta. At the time of the delivery of the insurance policy or certificate when personal information is collected only from the applicant or from public records;\n\t\t\t\tb. At the time the collection of personal information is initiated when personal information is collected from a source other than the applicant or public records; or\n\t\t\t\tc. Notwithstanding the provisions of subdivision 1 b of subsection A, when an application for insurance is made by telephone and personal information is collected from a source other than the applicant or public records, the notice of insurance information practices may be given orally at the time of application, provided that, if a policy is issued, such notice is given in writing or, if the applicant agrees, in electronic format, no later than at the time of the delivery of the insurance policy or certificate.2\n\nIn the case of a policy renewal, a notice shall be provided no later than the policy renewal date, except that no notice shall be required in connection with a policy renewal if:\n\t\t\t\ta. Personal information is collected only from the policyholder or from public records; or\n\t\t\t\tb. A notice meeting the requirements of this section has been given within the previous 24 months; or3\n\nIn the case of a policy reinstatement or change in insurance benefits, a notice shall be provided no later than the time a request for a policy reinstatement or change in insurance benefits is received by the insurance institution, except that no notice shall be required if personal information is collected only from the policyholder or from public records.B\n\nThe notice required by subsection A of this section shall be in writing or, if the applicant or policyholder agrees, in electronic format, and shall state:1\n\nWhether personal information may be collected from persons other than an individual proposed for coverage;2\n\nThe types of personal information that may be collected and the types of sources and investigative techniques that may be used to collect such information;3\n\nThe types of disclosures made under subdivisions 1, 2, 3, 4, 5, 8, 10, and 12 of subsection B and subdivision 2 of subsection C of § 38.2-613 and the circumstances under which such disclosures may be made without prior authorization, however only those circumstances need be described that occur with such frequency as to indicate a general business practice;4\n\nA description of the rights established under §§ 38.2-608 and 38.2-609 and the manner in which those rights may be exercised; and5\n\nThat information obtained from a report prepared by an insurance-support organization may be retained by the insurance-support organization and disclosed to other persons.C\n\nInstead of the notice prescribed in subsection B of this section, the insurance institution or agent may provide an abbreviated notice in writing or, if the applicant or policyholder agrees, in electronic format, informing the applicant or policyholder that:1\n\nPersonal information may be collected from persons other than an individual proposed for coverage;2\n\nThe information, as well as other personal or privileged information subsequently collected by the insurance institution or agent, in certain circumstances, may be disclosed to third parties without authorization;3\n\nA right of access and correction exists with respect to all personal information collected; and4\n\nThe notice prescribed in subsection B of this section will be furnished to the applicant or policyholder upon request.D\n\nThe obligations imposed by this section upon an insurance institution or agent may be satisfied by another insurance institution or agent authorized to act on its behalf.E\n\nAn insurance agent shall not be subject to the requirements of this section in any instance where the insurance institution on whose behalf the agent is acting otherwise complies with the requirements contained herein, and the agent does not disclose any personal information to any person other than the insurance institution or its affiliates, or as permitted by § 38.2-613.F\n\n[Repealed.]G\n\nAn insurance agent seeking to place coverage on behalf of a current policyholder shall be deemed to be in compliance with the requirements of this section in any instance where the agent has provided the notice required by this section within the previous 12 months.","order_by":null,"text":{"0":{"id":307448,"text":"An insurance institution or agent shall provide a notice of insurance information practices to all applicants or policyholders in connection with insurance transactions as provided in this section:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":307449,"text":"In the case of an application for insurance a notice shall be provided no later than:\n\t\t\t\ta. At the time of the delivery of the insurance policy or certificate when personal information is collected only from the applicant or from public records;\n\t\t\t\tb. At the time the collection of personal information is initiated when personal information is collected from a source other than the applicant or public records; or\n\t\t\t\tc. Notwithstanding the provisions of subdivision 1 b of subsection A, when an application for insurance is made by telephone and personal information is collected from a source other than the applicant or public records, the notice of insurance information practices may be given orally at the time of application, provided that, if a policy is issued, such notice is given in writing or, if the applicant agrees, in electronic format, no later than at the time of the delivery of the insurance policy or certificate.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":307450,"text":"In the case of a policy renewal, a notice shall be provided no later than the policy renewal date, except that no notice shall be required in connection with a policy renewal if:\n\t\t\t\ta. Personal information is collected only from the policyholder or from public records; or\n\t\t\t\tb. A notice meeting the requirements of this section has been given within the previous 24 months; or","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":307451,"text":"In the case of a policy reinstatement or change in insurance benefits, a notice shall be provided no later than the time a request for a policy reinstatement or change in insurance benefits is received by the insurance institution, except that no notice shall be required if personal information is collected only from the policyholder or from public records.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":307452,"text":"The notice required by subsection A of this section shall be in writing or, if the applicant or policyholder agrees, in electronic format, and shall state:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"B1"},"5":{"id":307453,"text":"Whether personal information may be collected from persons other than an individual proposed for coverage;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"6":{"id":307454,"text":"The types of personal information that may be collected and the types of sources and investigative techniques that may be used to collect such information;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"7":{"id":307455,"text":"The types of disclosures made under subdivisions 1, 2, 3, 4, 5, 8, 10, and 12 of subsection B and subdivision 2 of subsection C of § 38.2-613 and the circumstances under which such disclosures may be made without prior authorization, however only those circumstances need be described that occur with such frequency as to indicate a general business practice;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"8":{"id":307456,"text":"A description of the rights established under §§ 38.2-608 and 38.2-609 and the manner in which those rights may be exercised; and","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"9":{"id":307457,"text":"That information obtained from a report prepared by an insurance-support organization may be retained by the insurance-support organization and disclosed to other persons.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"C"},"10":{"id":307458,"text":"Instead of the notice prescribed in subsection B of this section, the insurance institution or agent may provide an abbreviated notice in writing or, if the applicant or policyholder agrees, in electronic format, informing the applicant or policyholder that:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B5","next_prefix":"C1"},"11":{"id":307459,"text":"Personal information may be collected from persons other than an individual proposed for coverage;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"12":{"id":307460,"text":"The information, as well as other personal or privileged information subsequently collected by the insurance institution or agent, in certain circumstances, may be disclosed to third parties without authorization;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"13":{"id":307461,"text":"A right of access and correction exists with respect to all personal information collected; and","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"14":{"id":307462,"text":"The notice prescribed in subsection B of this section will be furnished to the applicant or policyholder upon request.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"D"},"15":{"id":307463,"text":"The obligations imposed by this section upon an insurance institution or agent may be satisfied by another insurance institution or agent authorized to act on its behalf.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C4","next_prefix":"E"},"16":{"id":307464,"text":"An insurance agent shall not be subject to the requirements of this section in any instance where the insurance institution on whose behalf the agent is acting otherwise complies with the requirements contained herein, and the agent does not disclose any personal information to any person other than the insurance institution or its affiliates, or as permitted by § 38.2-613.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"17":{"id":307465,"text":"[Repealed.]","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"18":{"id":307466,"text":"An insurance agent seeking to place coverage on behalf of a current policyholder shall be deemed to be in compliance with the requirements of this section in any instance where the agent has provided the notice required by this section within the previous 12 months.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":14255,"edition_id":1,"name":"Collection, Use, and Dissemination of Information","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12922,"metadata":{},"date_created":"2026-06-26 03:47:28","date_modified":"2026-06-26 03:47:28","permalink":{"id":218015,"object_type":"structure","relational_id":14255,"identifier":"1","token":"38.2\/6\/1","url":"\/38.2\/6\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12922,"edition_id":1,"name":"Insurance Information and Privacy Protection","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:44:01","date_modified":"2026-06-26 03:44:01","permalink":{"id":218013,"object_type":"structure","relational_id":12922,"identifier":"6","token":"38.2\/6","url":"\/38.2\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12698,"edition_id":1,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":210661,"object_type":"structure","relational_id":12698,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":64742,"structure_id":14255,"section_number":"38.2-600","catch_line":"Purposes","url":"\/38.2-600\/","token":"38.2\/6\/1\/38.2-600","metadata":false},{"id":61470,"structure_id":14255,"section_number":"38.2-601","catch_line":"Application of article","url":"\/38.2-601\/","token":"38.2\/6\/1\/38.2-601","metadata":false},{"id":73837,"structure_id":14255,"section_number":"38.2-602","catch_line":"Definitions","url":"\/38.2-602\/","token":"38.2\/6\/1\/38.2-602","metadata":false},{"id":63985,"structure_id":14255,"section_number":"38.2-603","catch_line":"Pretext interviews","url":"\/38.2-603\/","token":"38.2\/6\/1\/38.2-603","metadata":false},{"id":85852,"structure_id":14255,"section_number":"38.2-604","catch_line":"Notice of information collection and disclosure practices","url":"\/38.2-604\/","token":"38.2\/6\/1\/38.2-604","metadata":false},{"id":64388,"structure_id":14255,"section_number":"38.2-604.1","catch_line":"Notice of financial information collection and disclosure practices","url":"\/38.2-604.1\/","token":"38.2\/6\/1\/38.2-604.1","metadata":false},{"id":79870,"structure_id":14255,"section_number":"38.2-605","catch_line":"Marketing and research surveys","url":"\/38.2-605\/","token":"38.2\/6\/1\/38.2-605","metadata":false},{"id":64763,"structure_id":14255,"section_number":"38.2-606","catch_line":"Content of disclosure authorization forms","url":"\/38.2-606\/","token":"38.2\/6\/1\/38.2-606","metadata":false},{"id":69670,"structure_id":14255,"section_number":"38.2-607","catch_line":"Investigative consumer reports","url":"\/38.2-607\/","token":"38.2\/6\/1\/38.2-607","metadata":false},{"id":81752,"structure_id":14255,"section_number":"38.2-608","catch_line":"Access to recorded personal information","url":"\/38.2-608\/","token":"38.2\/6\/1\/38.2-608","metadata":false},{"id":56196,"structure_id":14255,"section_number":"38.2-609","catch_line":"Correction, amendment, or deletion of recorded personal information","url":"\/38.2-609\/","token":"38.2\/6\/1\/38.2-609","metadata":false},{"id":83133,"structure_id":14255,"section_number":"38.2-610","catch_line":"Notice of adverse underwriting decision; furnishing reasons for decisions and sources of information","url":"\/38.2-610\/","token":"38.2\/6\/1\/38.2-610","metadata":false},{"id":77789,"structure_id":14255,"section_number":"38.2-611","catch_line":"Information concerning previous adverse underwriting decisions","url":"\/38.2-611\/","token":"38.2\/6\/1\/38.2-611","metadata":false},{"id":60819,"structure_id":14255,"section_number":"38.2-612","catch_line":"Bases for adverse underwriting decisions","url":"\/38.2-612\/","token":"38.2\/6\/1\/38.2-612","metadata":false},{"id":64433,"structure_id":14255,"section_number":"38.2-612.1","catch_line":"Special requirements for providing financial information to nonaffiliated third parties","url":"\/38.2-612.1\/","token":"38.2\/6\/1\/38.2-612.1","metadata":false},{"id":56355,"structure_id":14255,"section_number":"38.2-612.2","catch_line":"Protection of the Fair Credit Reporting Act","url":"\/38.2-612.2\/","token":"38.2\/6\/1\/38.2-612.2","metadata":false},{"id":55493,"structure_id":14255,"section_number":"38.2-613","catch_line":"Disclosure limitations and conditions","url":"\/38.2-613\/","token":"38.2\/6\/1\/38.2-613","metadata":false},{"id":85509,"structure_id":14255,"section_number":"38.2-613.01","catch_line":"Commission to promulgate regulations on disclosure of certain medical test results to insurance applicants","url":"\/38.2-613.01\/","token":"38.2\/6\/1\/38.2-613.01","metadata":false},{"id":58399,"structure_id":14255,"section_number":"38.2-613.1","catch_line":"Disclosure of agent's moratorium required","url":"\/38.2-613.1\/","token":"38.2\/6\/1\/38.2-613.1","metadata":false},{"id":73940,"structure_id":14255,"section_number":"38.2-613.2","catch_line":"Repealed","url":"\/38.2-613.2\/","token":"38.2\/6\/1\/38.2-613.2","metadata":false},{"id":78057,"structure_id":14255,"section_number":"38.2-614","catch_line":"Powers of Commission","url":"\/38.2-614\/","token":"38.2\/6\/1\/38.2-614","metadata":false},{"id":84055,"structure_id":14255,"section_number":"38.2-615","catch_line":"Hearings and procedures","url":"\/38.2-615\/","token":"38.2\/6\/1\/38.2-615","metadata":false},{"id":68943,"structure_id":14255,"section_number":"38.2-616","catch_line":"Service of process on insurance-support organizations","url":"\/38.2-616\/","token":"38.2\/6\/1\/38.2-616","metadata":false},{"id":73310,"structure_id":14255,"section_number":"38.2-617","catch_line":"Individual remedies","url":"\/38.2-617\/","token":"38.2\/6\/1\/38.2-617","metadata":false},{"id":67050,"structure_id":14255,"section_number":"38.2-618","catch_line":"Immunity of persons disclosing information","url":"\/38.2-618\/","token":"38.2\/6\/1\/38.2-618","metadata":false},{"id":79983,"structure_id":14255,"section_number":"38.2-619","catch_line":"Obtaining information under false pretenses","url":"\/38.2-619\/","token":"38.2\/6\/1\/38.2-619","metadata":false},{"id":78715,"structure_id":14255,"section_number":"38.2-620","catch_line":"Repealed","url":"\/38.2-620\/","token":"38.2\/6\/1\/38.2-620","metadata":false}],"previous_section":{"id":63985,"structure_id":14255,"section_number":"38.2-603","catch_line":"Pretext interviews","url":"\/38.2-603\/","token":"38.2\/6\/1\/38.2-603","metadata":false},"next_section":{"id":64388,"structure_id":14255,"section_number":"38.2-604.1","catch_line":"Notice of financial information collection and disclosure practices","url":"\/38.2-604.1\/","token":"38.2\/6\/1\/38.2-604.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-604\/","history_text":"

This law was first created in 1981. The record of its establishment is cataloged in chapter 389 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1981 \u201cActs\u201d aren\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1986, chapter 562; in 2001, chapter 371<\/a>; in 2002, chapter 76<\/a>; in 2003, chapter 266<\/a>.<\/p>","references":[{"id":64388,"section_number":"38.2-604.1","catch_line":"Notice of financial information collection and disclosure practices","order_by":null,"url":"\/38.2-604.1\/"}],"refers_to":[{"id":81752,"section_number":"38.2-608","catch_line":"Access to recorded personal information","order_by":null,"url":"\/38.2-608\/"},{"id":56196,"section_number":"38.2-609","catch_line":"Correction, amendment, or deletion of recorded personal information","order_by":null,"url":"\/38.2-609\/"},{"id":55493,"section_number":"38.2-613","catch_line":"Disclosure limitations and conditions","order_by":null,"url":"\/38.2-613\/"}],"permalink":{"id":218033,"object_type":"law","relational_id":85852,"identifier":"38.2-604","token":"38.2\/6\/1\/38.2-604","url":"\/38.2-604\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-604\/","token":"38.2\/6\/1\/38.2-604","dublin_core":{"Title":"Notice of information collection and disclosure practices","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-604","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> An insurance institution<\/span> or agent<\/span> shall provide a notice of insurance information practices to all applicants<\/span> or policyholders<\/span> in connection with insurance transactions<\/span> as provided in this section: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> In the case of an application for insurance a notice shall be provided no later than:\n\t\t\t\ta. At the time of the delivery of the insurance policy or certificate when personal information<\/span> is collected only from the applicant<\/span> or from public records;\n\t\t\t\tb. At the time the collection of personal information<\/span> is initiated when personal information<\/span> is collected from a source other than the applicant<\/span> or public records; or\n\t\t\t\tc. Notwithstanding the provisions of subdivision 1 b of subsection A, when an application for insurance is made by telephone and personal information<\/span> is collected from a source other than the applicant<\/span> or public records, the notice of insurance information practices may be given orally at the time of application, provided that, if a policy is issued, such notice is given in writing or, if the applicant<\/span> agrees, in electronic format, no later than at the time of the delivery of the insurance policy or certificate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> In the case of a policy renewal, a notice shall be provided no later than the policy renewal date, except that no notice shall be required in connection with a policy renewal if:\n\t\t\t\ta. Personal information<\/span> is collected only from the policyholder<\/span> or from public records; or\n\t\t\t\tb. A notice meeting the requirements of this section has been given within the previous 24 months; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> In the case of a policy reinstatement or change in insurance benefits, a notice shall be provided no later than the time a request for a policy reinstatement or change in insurance benefits is received by the insurance institution<\/span>, except that no notice shall be required if personal information<\/span> is collected only from the policyholder<\/span> or from public records. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The notice required by subsection A of this section shall be in writing or, if the applicant<\/span> or policyholder<\/span> agrees, in electronic format, and shall state<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Whether personal information<\/span> may be collected from persons<\/span> other than an individual<\/span> proposed for coverage; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The types of personal information<\/span> that may be collected and the types of sources and investigative techniques that may be used to collect such information; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The types of disclosures made under subdivisions 1, 2, 3, 4, 5, 8, 10, and 12 of subsection B and subdivision 2 of subsection C of § 38.2-613<\/a> and the circumstances under which such disclosures may be made without prior authorization, however only those circumstances need be described that occur with such frequency as to indicate a general business practice; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A description of the rights established under §§ 38.2-608<\/a> and 38.2-609<\/a> and the manner in which those rights may be exercised; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> That information obtained from a report prepared by an insurance-support organization<\/span> may be retained by the insurance-support organization<\/span> and disclosed to other persons<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Instead of the notice prescribed in subsection B of this section, the insurance institution<\/span> or agent<\/span> may provide an abbreviated notice in writing or, if the applicant<\/span> or policyholder<\/span> agrees, in electronic format, informing the applicant<\/span> or policyholder<\/span> that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Personal information<\/span> may be collected from persons<\/span> other than an individual<\/span> proposed for coverage; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The information, as well as other personal or privileged information<\/span> subsequently collected by the insurance institution<\/span> or agent<\/span>, in certain circumstances, may be disclosed to third parties without authorization; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A right of access and correction exists with respect to all personal information<\/span> collected; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The notice prescribed in subsection B of this section will be furnished to the applicant<\/span> or policyholder<\/span> upon request. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The obligations imposed by this section upon an insurance institution<\/span> or agent<\/span> may be satisfied by another insurance institution<\/span> or agent<\/span> authorized to act on its behalf. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> An insurance agent<\/span> shall not be subject to the requirements of this section in any instance where the insurance institution<\/span> on whose behalf the agent<\/span> is acting otherwise complies with the requirements contained herein, and the agent<\/span> does not disclose any personal information<\/span> to any person<\/span> other than the insurance institution<\/span> or its affiliates<\/span>, or as permitted by § 38.2-613<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> [Repealed.] <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> An insurance agent<\/span> seeking to place coverage on behalf of a current policyholder<\/span> shall be deemed to be in compliance with the requirements of this section in any instance where the agent<\/span> has provided the notice required by this section within the previous 12 months. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNOTICE OF INFORMATION COLLECTION AND DISCLOSURE PRACTICES (\u00a7 38.2-604)\n\nA. An insurance institution or agent shall provide a notice of insurance\ninformation practices to all applicants or policyholders in connection with\ninsurance transactions as provided in this section:\n\n 1. In the case of an application for insurance a notice shall be provided no\n later than:\n \t\t\t\ta. At the time of the delivery of the insurance policy or certificate when\n personal information is collected only from the applicant or from public\n records;\n \t\t\t\tb. At the time the collection of personal information is initiated when\n personal information is collected from a source other than the applicant or\n public records; or\n \t\t\t\tc. Notwithstanding the provisions of subdivision 1 b of subsection A, when\n an application for insurance is made by telephone and personal information is\n collected from a source other than the applicant or public records, the notice\n of insurance information practices may be given orally at the time of\n application, provided that, if a policy is issued, such notice is given in\n writing or, if the applicant agrees, in electronic format, no later than at\n the time of the delivery of the insurance policy or certificate.\n\n 2. In the case of a policy renewal, a notice shall be provided no later than\n the policy renewal date, except that no notice shall be required in connection\n with a policy renewal if:\n \t\t\t\ta. Personal information is collected only from the policyholder or from\n public records; or\n \t\t\t\tb. A notice meeting the requirements of this section has been given within\n the previous 24 months; or\n\n 3. In the case of a policy reinstatement or change in insurance benefits, a\n notice shall be provided no later than the time a request for a policy\n reinstatement or change in insurance benefits is received by the insurance\n institution, except that no notice shall be required if personal information\n is collected only from the policyholder or from public records.\n\nB. The notice required by subsection A of this section shall be in writing or,\nif the applicant or policyholder agrees, in electronic format, and shall state:\n\n 1. Whether personal information may be collected from persons other than an\n individual proposed for coverage;\n\n 2. The types of personal information that may be collected and the types of\n sources and investigative techniques that may be used to collect such\n information;\n\n 3. The types of disclosures made under subdivisions 1, 2, 3, 4, 5, 8, 10, and\n 12 of subsection B and subdivision 2 of subsection C of § 38.2-613 and\n the circumstances under which such disclosures may be made without prior\n authorization, however only those circumstances need be described that occur\n with such frequency as to indicate a general business practice;\n\n 4. A description of the rights established under §§ 38.2-608 and\n 38.2-609 and the manner in which those rights may be exercised; and\n\n 5. That information obtained from a report prepared by an insurance-support\n organization may be retained by the insurance-support organization and\n disclosed to other persons.\n\nC. Instead of the notice prescribed in subsection B of this section, the\ninsurance institution or agent may provide an abbreviated notice in writing or,\nif the applicant or policyholder agrees, in electronic format, informing the\napplicant or policyholder that:\n\n 1. Personal information may be collected from persons other than an individual\n proposed for coverage;\n\n 2. The information, as well as other personal or privileged information\n subsequently collected by the insurance institution or agent, in certain\n circumstances, may be disclosed to third parties without authorization;\n\n 3. A right of access and correction exists with respect to all personal\n information collected; and\n\n 4. The notice prescribed in subsection B of this section will be furnished to\n the applicant or policyholder upon request.\n\nD. The obligations imposed by this section upon an insurance institution or\nagent may be satisfied by another insurance institution or agent authorized to\nact on its behalf.\n\nE. An insurance agent shall not be subject to the requirements of this section\nin any instance where the insurance institution on whose behalf the agent is\nacting otherwise complies with the requirements contained herein, and the agent\ndoes not disclose any personal information to any person other than the\ninsurance institution or its affiliates, or as permitted by § 38.2-613.\n\nF. [Repealed.]\n\nG. An insurance agent seeking to place coverage on behalf of a current\npolicyholder shall be deemed to be in compliance with the requirements of this\nsection in any instance where the agent has provided the notice required by this\nsection within the previous 12 months.\n\nHISTORY: 1981, c. 389, \u00a7 38.1-57.7; 1986, c. 562; 2001, c. 371; 2002, c. 76;\n2003, c. 266.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}