{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-612.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-612.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-612.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-612.1.html"}],"law_id":64433,"edition_id":1,"section_id":64433,"structure_id":14255,"section_number":"38.2-612.1","catch_line":"Special requirements for providing financial information to nonaffiliated third parties","history":"2001, c. 371; 2003, c. 266; 2020, c. 264.","full_text":"A\n\nExcept as otherwise provided in \u00a7 38.2-613, no insurance institution, agent, or insurance-support organization may, directly or through an affiliate, disclose to a nonaffiliated third party financial information about an individual collected or received in connection with an insurance transaction, unless:1\n\nThe individual has been given a clear and conspicuous notice in writing, or in electronic form if the individual agrees, stating that such financial information may be disclosed to such nonaffiliated third party;2\n\nThe individual is given an opportunity, before such financial information is initially disclosed, to direct that such information not be disclosed, and in no case shall the individual be given less than 30 days from the date of notice to direct that such information not be disclosed;3\n\nThe individual is given a reasonable means by which to exercise the right to direct that such information not be disclosed as well as an explanation that such right may be exercised at any time and that such right remains effective until revoked by the individual; and4\n\nThe nonaffiliated third party agrees not to disclose such financial information to any other person unless such disclosure would otherwise be permitted by this article if made by the insurance institution, agent, or insurance-support organization.B\n\n1. No insurance institution, agent, or insurance-support organization may disclose to a nonaffiliated third party, directly or through an affiliate, other than to a consumer reporting agency, a policy number or similar form of access number or transaction account of a policyholder or applicant for use in telemarketing, direct mail marketing or other marketing through electronic mail to an applicant or policyholder, other than to:\n\t\t\ta. An agent or other person solely for the purpose of marketing the insurance institution&#8217;s own products or services as long as the agent or other person is not authorized to directly initiate charges to the account; or\n\t\t\tb. A participant in a private label credit card program or an affinity or similar program where the participants in the program are identified to the policyholder or applicant at the time the policyholder or applicant enters the program.2\n\nA policy or transaction account shall not include an account to which third parties cannot initiate charges.C\n\nNo insurance institution or agent shall unfairly discriminate against an individual because (i) the individual has directed that his personal information not be disclosed pursuant to subsection A or (ii) the individual has refused to grant authorization of the disclosure of his privileged information or medical record information by an insurance institution, agent or insurance support organization pursuant to subsection A of &#xA7; 38.2-613.D\n\nThe requirements of subsection A may be satisfied by providing a single notice if two or more applicants or policyholders jointly obtain or apply for an insurance product. Such notice shall allow one applicant or policyholder to direct that financial information not be disclosed to nonaffiliated third parties on behalf of all of the joint applicants or policyholders, provided that each applicant or policyholder may separately direct that his financial information not be disclosed to nonaffiliated third parties.E\n\nAn insurance agent shall not be subject to the requirements of subsection A 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 financial information to any person other than the insurance institution or its affiliates, or as permitted by &#xA7; 38.2-613.F\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":234466,"text":"Except as otherwise provided in \u00a7 38.2-613, no insurance institution, agent, or insurance-support organization may, directly or through an affiliate, disclose to a nonaffiliated third party financial information about an individual collected or received in connection with an insurance transaction, unless:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":234467,"text":"The individual has been given a clear and conspicuous notice in writing, or in electronic form if the individual agrees, stating that such financial information may be disclosed to such nonaffiliated third party;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":234468,"text":"The individual is given an opportunity, before such financial information is initially disclosed, to direct that such information not be disclosed, and in no case shall the individual be given less than 30 days from the date of notice to direct that such information not be disclosed;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":234469,"text":"The individual is given a reasonable means by which to exercise the right to direct that such information not be disclosed as well as an explanation that such right may be exercised at any time and that such right remains effective until revoked by the individual; and","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":234470,"text":"The nonaffiliated third party agrees not to disclose such financial information to any other person unless such disclosure would otherwise be permitted by this article if made by the insurance institution, agent, or insurance-support organization.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":234471,"text":"1. No insurance institution, agent, or insurance-support organization may disclose to a nonaffiliated third party, directly or through an affiliate, other than to a consumer reporting agency, a policy number or similar form of access number or transaction account of a policyholder or applicant for use in telemarketing, direct mail marketing or other marketing through electronic mail to an applicant or policyholder, other than to:\n\t\t\ta. An agent or other person solely for the purpose of marketing the insurance institution&#8217;s own products or services as long as the agent or other person is not authorized to directly initiate charges to the account; or\n\t\t\tb. A participant in a private label credit card program or an affinity or similar program where the participants in the program are identified to the policyholder or applicant at the time the policyholder or applicant enters the program.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"B2"},"6":{"id":234472,"text":"A policy or transaction account shall not include an account to which third parties cannot initiate charges.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B","next_prefix":"C"},"7":{"id":234473,"text":"No insurance institution or agent shall unfairly discriminate against an individual because (i) the individual has directed that his personal information not be disclosed pursuant to subsection A or (ii) the individual has refused to grant authorization of the disclosure of his privileged information or medical record information by an insurance institution, agent or insurance support organization pursuant to subsection A of &#xA7; 38.2-613.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"D"},"8":{"id":234474,"text":"The requirements of subsection A may be satisfied by providing a single notice if two or more applicants or policyholders jointly obtain or apply for an insurance product. Such notice shall allow one applicant or policyholder to direct that financial information not be disclosed to nonaffiliated third parties on behalf of all of the joint applicants or policyholders, provided that each applicant or policyholder may separately direct that his financial information not be disclosed to nonaffiliated third parties.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"9":{"id":234475,"text":"An insurance agent shall not be subject to the requirements of subsection A 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 financial information to any person other than the insurance institution or its affiliates, or as permitted by &#xA7; 38.2-613.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"10":{"id":234476,"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":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-612.1\/","history_text":"<p>This law was first created in 2001. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?011+ful+CHAP0371\">371<\/a> 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. It has been modified 2 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 2003, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0266\">266<\/a>; in 2020, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0264\">264<\/a>.<\/p>","references":[{"id":74749,"section_number":"38.2-3456","catch_line":"Prohibited activities","order_by":null,"url":"\/38.2-3456\/"},{"id":73837,"section_number":"38.2-602","catch_line":"Definitions","order_by":null,"url":"\/38.2-602\/"},{"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\/"},{"id":55493,"section_number":"38.2-613","catch_line":"Disclosure limitations and conditions","order_by":null,"url":"\/38.2-613\/"}],"refers_to":[{"id":55493,"section_number":"38.2-613","catch_line":"Disclosure limitations and conditions","order_by":null,"url":"\/38.2-613\/"}],"permalink":{"id":218073,"object_type":"law","relational_id":64433,"identifier":"38.2-612.1","token":"38.2\/6\/1\/38.2-612.1","url":"\/38.2-612.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-612.1\/","token":"38.2\/6\/1\/38.2-612.1","dublin_core":{"Title":"Special requirements for providing financial information to nonaffiliated third parties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-612.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Except as otherwise provided in \u00a7&nbsp;<a class=\"law\" title=\"Disclosure limitations and conditions\" href=\"\/38.2-613\/\">38.2-613<\/a>, no <span class=\"dictionary\">insurance institution<\/span>, <span class=\"dictionary\">agent<\/span>, or <span class=\"dictionary\">insurance-support organization<\/span> may, directly or through an <span class=\"dictionary\">affiliate<\/span>, disclose to a <span class=\"dictionary\">nonaffiliated third party<\/span> <span class=\"dictionary\">financial information<\/span> about an <span class=\"dictionary\">individual<\/span> collected or received in connection with an <span class=\"dictionary\">insurance transaction<\/span>, unless: <a id=\"paragraph-234466\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-612.1\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The <span class=\"dictionary\">individual<\/span> has been given a <span class=\"dictionary\">clear and conspicuous notice<\/span> in writing, or in electronic form if the <span class=\"dictionary\">individual<\/span> agrees, stating that such <span class=\"dictionary\">financial information<\/span> may be disclosed to such <span class=\"dictionary\">nonaffiliated third party<\/span>; <a id=\"paragraph-234467\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-612.1\/#A1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The <span class=\"dictionary\">individual<\/span> is given an opportunity, before such <span class=\"dictionary\">financial information<\/span> is initially disclosed, to direct that such information not be disclosed, and in no case shall the <span class=\"dictionary\">individual<\/span> be given less than 30 days from the date of notice to direct that such information not be disclosed; <a id=\"paragraph-234468\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-612.1\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> The <span class=\"dictionary\">individual<\/span> is given a reasonable means by which to exercise the right to direct that such information not be disclosed as well as an explanation that such right may be exercised at any time and that such right remains effective until revoked by the <span class=\"dictionary\">individual<\/span>; and <a id=\"paragraph-234469\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-612.1\/#A3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> The <span class=\"dictionary\">nonaffiliated third party<\/span> agrees not to disclose such <span class=\"dictionary\">financial information<\/span> to any other <span class=\"dictionary\">person<\/span> unless such disclosure would otherwise be permitted by this article if made by the <span class=\"dictionary\">insurance institution<\/span>, <span class=\"dictionary\">agent<\/span>, or <span class=\"dictionary\">insurance-support organization<\/span>. <a id=\"paragraph-234470\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-612.1\/#A4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> 1. No <span class=\"dictionary\">insurance institution<\/span>, <span class=\"dictionary\">agent<\/span>, or <span class=\"dictionary\">insurance-support organization<\/span> may disclose to a <span class=\"dictionary\">nonaffiliated third party<\/span>, directly or through an <span class=\"dictionary\">affiliate<\/span>, other than to a <span class=\"dictionary\">consumer reporting agency<\/span>, a policy number or similar form of access number or transaction account of a <span class=\"dictionary\">policyholder<\/span> or <span class=\"dictionary\">applicant<\/span> for use in telemarketing, direct mail marketing or other marketing through electronic mail to an <span class=\"dictionary\">applicant<\/span> or <span class=\"dictionary\">policyholder<\/span>, other than to:\n\t\t\ta. An <span class=\"dictionary\">agent<\/span> or other <span class=\"dictionary\">person<\/span> solely for the purpose of marketing the <span class=\"dictionary\">insurance institution<\/span>&#8217;s own products or services as long as the <span class=\"dictionary\">agent<\/span> or other <span class=\"dictionary\">person<\/span> is not authorized to directly initiate charges to the account; or\n\t\t\tb. A participant in a private label credit card program or an affinity or similar program where the participants in the program are identified to the <span class=\"dictionary\">policyholder<\/span> or <span class=\"dictionary\">applicant<\/span> at the time the <span class=\"dictionary\">policyholder<\/span> or <span class=\"dictionary\">applicant<\/span> enters the program. <a id=\"paragraph-234471\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-612.1\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> A policy or transaction account shall not include an account to which third parties cannot initiate charges. <a id=\"paragraph-234472\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-612.1\/#B2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> No <span class=\"dictionary\">insurance institution<\/span> or <span class=\"dictionary\">agent<\/span> shall unfairly discriminate against an <span class=\"dictionary\">individual<\/span> because (i) the <span class=\"dictionary\">individual<\/span> has directed that his <span class=\"dictionary\">personal information<\/span> not be disclosed pursuant to subsection A or (ii) the <span class=\"dictionary\">individual<\/span> has refused to grant authorization of the disclosure of his <span class=\"dictionary\">privileged information<\/span> or medical record information by an <span class=\"dictionary\">insurance institution<\/span>, <span class=\"dictionary\">agent<\/span> or insurance support organization pursuant to subsection A of &#xA7; <a class=\"law\" title=\"Disclosure limitations and conditions\" href=\"\/38.2-613\/\">38.2-613<\/a>. <a id=\"paragraph-234473\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-612.1\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> The requirements of subsection A may be satisfied by providing a single notice if two or more <span class=\"dictionary\">applicants<\/span> or <span class=\"dictionary\">policyholders<\/span> jointly obtain or apply for an insurance product. Such notice shall allow one <span class=\"dictionary\">applicant<\/span> or <span class=\"dictionary\">policyholder<\/span> to direct that <span class=\"dictionary\">financial information<\/span> not be disclosed to nonaffiliated third parties on behalf of all of the joint <span class=\"dictionary\">applicants<\/span> or <span class=\"dictionary\">policyholders<\/span>, provided that each <span class=\"dictionary\">applicant<\/span> or <span class=\"dictionary\">policyholder<\/span> may separately direct that his <span class=\"dictionary\">financial information<\/span> not be disclosed to nonaffiliated third parties. <a id=\"paragraph-234474\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-612.1\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> An insurance <span class=\"dictionary\">agent<\/span> shall not be subject to the requirements of subsection A in any instance where the <span class=\"dictionary\">insurance institution<\/span> on whose behalf the <span class=\"dictionary\">agent<\/span> is acting otherwise complies with the requirements contained herein, and the <span class=\"dictionary\">agent<\/span> does not disclose any <span class=\"dictionary\">financial information<\/span> to any <span class=\"dictionary\">person<\/span> other than the <span class=\"dictionary\">insurance institution<\/span> or its <span class=\"dictionary\">affiliates<\/span>, or as permitted by &#xA7; <a class=\"law\" title=\"Disclosure limitations and conditions\" href=\"\/38.2-613\/\">38.2-613<\/a>. <a id=\"paragraph-234475\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-612.1\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> An insurance <span class=\"dictionary\">agent<\/span> seeking to place coverage on behalf of a current <span class=\"dictionary\">policyholder<\/span> shall be deemed to be in compliance with the requirements of this section in any instance where the <span class=\"dictionary\">agent<\/span> has provided the notice required by this section within the previous 12 months. <a id=\"paragraph-234476\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-612.1\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nSPECIAL REQUIREMENTS FOR PROVIDING FINANCIAL INFORMATION TO NONAFFILIATED THIRD\nPARTIES (\u00a7 38.2-612.1)\n\nA. Except as otherwise provided in \u00a7 38.2-613, no insurance institution, agent,\nor insurance-support organization may, directly or through an affiliate,\ndisclose to a nonaffiliated third party financial information about an\nindividual collected or received in connection with an insurance transaction,\nunless:\n\n   1. The individual has been given a clear and conspicuous notice in writing, or\n   in electronic form if the individual agrees, stating that such financial\n   information may be disclosed to such nonaffiliated third party;\n\n   2. The individual is given an opportunity, before such financial information\n   is initially disclosed, to direct that such information not be disclosed, and\n   in no case shall the individual be given less than 30 days from the date of\n   notice to direct that such information not be disclosed;\n\n   3. The individual is given a reasonable means by which to exercise the right\n   to direct that such information not be disclosed as well as an explanation\n   that such right may be exercised at any time and that such right remains\n   effective until revoked by the individual; and\n\n   4. The nonaffiliated third party agrees not to disclose such financial\n   information to any other person unless such disclosure would otherwise be\n   permitted by this article if made by the insurance institution, agent, or\n   insurance-support organization.\n\nB. 1. No insurance institution, agent, or insurance-support organization may\ndisclose to a nonaffiliated third party, directly or through an affiliate, other\nthan to a consumer reporting agency, a policy number or similar form of access\nnumber or transaction account of a policyholder or applicant for use in\ntelemarketing, direct mail marketing or other marketing through electronic mail\nto an applicant or policyholder, other than to:\n\t\t\ta. An agent or other person solely for the purpose of marketing the insurance\ninstitution&#8217;s own products or services as long as the agent or other\nperson is not authorized to directly initiate charges to the account; or\n\t\t\tb. A participant in a private label credit card program or an affinity or\nsimilar program where the participants in the program are identified to the\npolicyholder or applicant at the time the policyholder or applicant enters the\nprogram.\n\n   2. A policy or transaction account shall not include an account to which third\n   parties cannot initiate charges.\n\nC. No insurance institution or agent shall unfairly discriminate against an\nindividual because (i) the individual has directed that his personal information\nnot be disclosed pursuant to subsection A or (ii) the individual has refused to\ngrant authorization of the disclosure of his privileged information or medical\nrecord information by an insurance institution, agent or insurance support\norganization pursuant to subsection A of &#xA7; 38.2-613.\n\nD. The requirements of subsection A may be satisfied by providing a single\nnotice if two or more applicants or policyholders jointly obtain or apply for an\ninsurance product. Such notice shall allow one applicant or policyholder to\ndirect that financial information not be disclosed to nonaffiliated third\nparties on behalf of all of the joint applicants or policyholders, provided that\neach applicant or policyholder may separately direct that his financial\ninformation not be disclosed to nonaffiliated third parties.\n\nE. An insurance agent shall not be subject to the requirements of subsection A\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 financial information to any person other than the\ninsurance institution or its affiliates, or as permitted by &#xA7; 38.2-613.\n\nF. 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: 2001, c. 371; 2003, c. 266; 2020, c. 264.","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}}