                                 CODE OF VIRGINIA

CORRECTION, AMENDMENT, OR DELETION OF RECORDED PERSONAL INFORMATION (§
38.2-609)

A. Within thirty business days from the date of receipt of a written request
from an individual to correct, amend, or delete any recorded personal
information about the individual within its possession, an insurance
institution, agent, or insurance-support organization shall either:

   1. Correct, amend, or delete the portion of the recorded personal information
   in dispute; or

   2. Notify the individual of:
   				a. Its refusal to make the correction, amendment, or deletion;
   				b. The reasons for the refusal; and
   				c. The individual&#8217;s right to file a statement as provided in
   subsection C of this section.

B. If the insurance institution, agent, or insurance-support organization
corrects, amends, or deletes recorded personal information in accordance with
subdivision 1 of subsection A of this section, the insurance institution, agent,
or insurance-support organization shall so notify the individual in writing and
furnish the correction, amendment, or fact of deletion to:

   1. Any person specifically designated by the individual who, within the
   preceding two years, may have received the recorded personal information;

   2. Any insurance-support organization whose primary source of personal
   information is insurance institutions if the insurance-support organization
   has systematically received the recorded personal information from the
   insurance institution within the preceding seven years. The correction,
   amendment, or fact of deletion need not be furnished if the insurance-support
   organization no longer maintains recorded personal information about the
   individual; and

   3. Any insurance-support organization that furnished the personal information
   that has been corrected, amended, or deleted.

C. Whenever an individual disagrees with an insurance institution&#8217;s,
agent&#8217;s, or insurance-support organization&#8217;s refusal to correct,
amend, or delete recorded personal information, the individual shall be
permitted to file with the insurance institution, agent, or insurance-support
organization:

   1. A concise statement setting forth what the individual thinks is the
   correct, relevant, or fair information; and

   2. A concise statement of the reasons why the individual disagrees with the
   insurance institution&#8217;s, agent&#8217;s, or insurance-support
   organization&#8217;s refusal to correct, amend, or delete recorded personal
   information.

D. In the event an individual files either statement as described in subsection
C of this section, the insurance institution, agent, or support organization
shall:

   1. 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&#8217;s statement and have access to it; and

   2. In any subsequent disclosure by the insurance institution, agent, or
   support organization of the recorded personal information that is the subject
   of disagreement, clearly identify the matter or matters in dispute and provide
   the individual&#8217;s statement along with the recorded personal information
   being disclosed; and

   3. Furnish the statement to the persons and in the manner specified in
   subsection B of this section.

E. The rights granted to individuals in this section shall 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. The rights granted to all natural persons by this
subsection shall 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.

F. For purposes of this section, the term &#8220;insurance-support
organization&#8221; does not include &#8220;consumer reporting agency.&#8221;

HISTORY: 1981, c. 389, § 38.1-57.12; 1986, c. 562.