Wisconsin Legislature: Ins 25.04(20)(a)

2. It affects the structure or function of the human body or any part of the human body, including the banking of blood, sperm, organs or any other tissue.

(b) Prescribing, dispensing or furnishing to an individual drugs or biologicals, or medical devices or health care equipment and supplies.

(14) “Health care provider” means a physician or other health care practitioner licensed, accredited or certified to perform specified health services consistent with state law, or a health care facility.

(15) “Health information” means any information or data except age or gender, whether oral or recorded in any form or medium, created by or derived from a health care provider or the consumer that relates to any of the following:

(a) The past, present or future physical, mental or behavioral health or condition of an individual.

(b) The provision of health care to an individual.

(16)

(a) “Insurance product or service” means any product or service that is offered by a licensee pursuant to the insurance laws of this state.

(b) Insurance service includes a licensee’s evaluation, brokerage or distribution of information that the licensee collects in connection with a request or an application from a consumer for an insurance product or service.

(17)

(a) “Licensee” means all insurers, intermediaries, third party administrators and other persons licensed or required to be licensed, or authorized or required to be authorized, or registered or required to be registered under chs. 600 to 655, Stats.

(b) A licensee is not subject to the notice and opt out requirements for nonpublic personal financial information set forth in subchs. I to IV if the licensee is an employee, agent or other representative of another licensee (“the principal”) and all of the following conditions exist:

1. The principal otherwise complies with, and provides the notices required by, the provisions of this chapter.

2. The licensee does not disclose any nonpublic personal financial information to any person other than the principal or its affiliates in a manner permitted by this chapter.

(c)

1. Subject to subd. 2., “licensee” also includes an unauthorized insurer that accepts business placed through a licensed surplus lines broker or agent in this state, but only in regard to placements placed pursuant to s. 618.41, Stats.

2. A surplus lines broker or agent or surplus lines insurer shall be deemed to be in compliance with the notice and opt out requirements for nonpublic personal financial information set forth in subchs. I to IV provided all of the following occur:

a. The broker, agent or insurer does not disclose nonpublic personal financial information of a consumer or a customer to nonaffiliated third parties for any purpose, including joint servicing or marketing under s. Ins 25.50, except as permitted by s. Ins 25.55 or 25.60.

b. The broker, agent or insurer delivers a notice to the consumer at the time a customer relationship is established on which the following is printed in 16-point type:

PRIVACY NOTICE

NEITHER THE U.S. BROKERS THAT HANDLED THIS INSURANCE NOR THE INSURERS THAT HAVE UNDERWRITTEN THIS INSURANCE WILL DISCLOSE NONPUBLIC PERSONAL FINANCIAL INFORMATION CONCERNING THE BUYER TO NONAFFILIATES OF THE BROKERS OR INSURERS EXCEPT AS PERMITTED BY LAW.

(18)

(a) “Nonaffiliated third party” means any person except any of the following:

1. A licensee’s affiliate.

2. A person employed jointly by a licensee and any company that is not the licensee’s affiliate. Under these circumstances “nonaffiliated third party” does include the other company that jointly employs the person.

(b) “Nonaffiliated third party” includes any company that is an affiliate solely by virtue of the direct or indirect ownership or control of the company by the licensee or its affiliate in conducting merchant banking or investment banking activities of the type described in Section 4(k)(4)(H) or insurance company investment activities of the type described in Section 4(k)(4)(I) of the federal Bank Holding Company Act (12 USC 1843(k)(4)(H) and (I)).

(19) “Nonpublic personal information” means nonpublic personal financial information and nonpublic personal health information.

(20)

(a) “Nonpublic personal financial information” means all of the following:

1. Personally identifiable financial information.

2. Any list, description or other grouping of consumers, and publicly available information pertaining to them, that is derived using any personally identifiable financial information that is not publicly available.

(b) Nonpublic personal financial information does not include any of the following:

1. Health information.

2. Publicly available information, except as included on a list described in par. (a) 2.

3. Any list, description or other grouping of consumers, and publicly available information pertaining to them, that is derived without using any personally identifiable financial information that is not publicly available.

(c)

1. Nonpublic personal financial information includes any list of individuals’ names and street addresses that is derived in whole or in part using personally identifiable financial information that is not publicly available, such as account numbers.

2. Nonpublic personal financial information does not include any list of individuals’ names and addresses that contains only publicly available information, is not derived in whole or in part using personally identifiable financial information that is not publicly available, and is not disclosed in a manner that indicates that any of the individuals on the list is a consumer of a financial institution.

(21) “Nonpublic personal health information” means any of the following health information:

(a) Health information that identifies an individual who is the subject of the information.

(b) Health information with respect to which there is a reasonable basis to believe that the information could be used to identify an individual.

(22)

(a) “Personally identifiable financial information” means any of the following information:

1. Information a consumer provides to a licensee to obtain an insurance product or service from the licensee.

2. Information about a consumer resulting from a transaction involving an insurance product or service between a licensee and a consumer.

3. Information the licensee otherwise obtains about a consumer in connection with providing an insurance product or service to that consumer.

(b) The following are examples of personally identifiable financial information:

1. Personally identifiable financial information includes any of the following:

a. Information a consumer provides to a licensee on an application to obtain an insurance product or service.

b. Account balance information and payment history.

c. The fact that an individual is or has been one of the licensee’s customers or has obtained an insurance product or service from the licensee.

d. Any information about the licensee’s consumer if it is disclosed in a manner that indicates that the individual is or has been the licensee’s consumer.

e. Any information that a consumer provides to a licensee or that the licensee or its agent otherwise obtains in connection with collecting on a loan or servicing a loan.

f. Any information the licensee collects through an internet information-collecting device from a web server.

g. Information from a consumer report.

2. Personally identifiable financial information does not include any of the following:

a. Health information.

b. A list of names and addresses of customers of an entity that is not a financial institution.

c. Information that does not identify a consumer, such as aggregate information or blind data that does not contain personal identifiers such as account numbers, names or addresses.

(23)

(a) “Publicly available information” means any information that a licensee has a reasonable basis to believe is lawfully made available to the general public from any of the following:

1. Federal, state or local government records.

2. Widely distributed media.

3. Disclosures to the general public that are required to be made by federal, state or local law.

(b) A licensee has a reasonable basis to believe that information is lawfully made available to the general public if the licensee has taken steps to determine all of the following:

1. That the information is of the type that is available to the general public.

2. Whether an individual can direct that the information not be made available to the general public and, if so, that the licensee’s consumer has not done so.

1. Publicly available information in government records includes information in government real estate records and security interest filings.

2. Publicly available information from widely distributed media includes information from a telephone book, a television or radio program, a newspaper or a web site that is available to the general public on an unrestricted basis. A web site is not restricted merely because an Internet service provider or a site operator requires a fee or a password, so long as access is available to the general public.

a. A licensee has a reasonable basis to believe that mortgage information is lawfully made available to the general public if the licensee has determined that the information is of the type included on the public record in the jurisdiction where the mortgage would be recorded.

b. A licensee has a reasonable basis to believe that an individual’s telephone number is lawfully made available to the general public if the licensee has located the telephone number in the telephone book or the consumer has informed the licensee that the telephone number is not unlisted.

History: Cr. Register, June, 2001, No. 546, eff. 7-1-01.

Subchapter II — Privacy and Opt-Out Notices for Financial Information

Ins 25.10 Initial privacy notice to consumers required.

(1) Initial notice requirement. A licensee shall provide a clear and conspicuous notice that accurately reflects its privacy policies and practices regarding nonpublic personal financial information to all of the following:

(a) Customer. An individual who becomes the licensee’s customer, not later than when the licensee establishes a customer relationship, except as provided in sub. (5).

(b) Consumer. A consumer, before the licensee discloses any nonpublic personal financial information about the consumer to any nonaffiliated third party, if the licensee makes a disclosure other than as authorized by ss. Ins 25.55 and 25.60.

(2) When initial notice to a consumer is not required. A licensee is not required to provide an initial notice to a consumer under sub. (1) (b) if any of the following conditions apply:

(a) The licensee does not disclose any nonpublic personal financial information about the consumer to any nonaffiliated third party, other than as authorized by ss. Ins 25.55 and 25.60, and the licensee does not have a customer relationship with the consumer.

(b) An affiliated licensee has provided a notice, as long as the notice clearly identifies all licensees to whom the notice applies and is accurate with respect to the licensee and the other institutions.

(3) When the licensee establishes a customer relationship.

(a) General rule. A licensee establishes a customer relationship at the time the licensee and the consumer enter into a continuing relationship.

(b) Examples of establishing customer relationship. A licensee establishes a customer relationship when the consumer does any of the following:

1. Becomes a policyholder of a licensee that is an insurer when the insurer delivers an insurance policy or contract to the consumer, or in the case of a licensee that is an intermediary who is not acting as agent for an insurer licensee, obtains insurance through that licensee. A licensee does not establish a customer relationship due to issuance of a binder of coverage until the policy is issued, if the licensee allows the consumer to request delivery of the initial notice required under sub. (1) (a) and the licensee delivers the initial notice within a reasonable time after the licensee receives such a request.

2. Agrees to obtain financial, economic or investment advisory services relating to insurance products or services for a fee from the licensee.

(4) Existing customers. When an existing customer obtains a new insurance product or service from a licensee that is to be used primarily for personal, family or household purposes, the licensee satisfies the initial notice requirements of sub. (1) if any of the following conditions are met: