Ins 25.90   Nondiscrimination.
Ins 25.95   Effective date.
subch. I of ch. Ins 25Subchapter I — General Provisions
Ins 25.01Ins 25.01Authority. This chapter is promulgated pursuant to the authority granted by ss. 601.41 (3), 610.70, 628.34 (12), and 633.17, Stats.
Ins 25.01 HistoryHistory: Cr. Register, June, 2001, No. 546, eff. 7-1-01.
Ins 25.02Ins 25.02Purpose and scope.
Ins 25.02(1)(1)Purposes. This chapter governs the treatment of nonpublic personal health information and nonpublic personal financial information about individuals by all licensees of the office of the commissioner of insurance except to the extent that a licensee is excepted from a provision of this chapter. This chapter does all of the following:
Ins 25.02(1)(a)(a) It requires a licensee to provide notice to individuals about its privacy policies and practices.
Ins 25.02(1)(b)(b) It 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.
Ins 25.02(1)(c)(c) It provides methods for individuals to prevent a licensee from disclosing that information.
Ins 25.02(2)(2)Compliance. This chapter applies to:
Ins 25.02(2)(a)(a) Nonpublic personal financial information about individuals who obtain or are beneficiaries of products or services primarily for personal, family or household purposes from licensees, about individuals who are beneficiaries under group health plans and claimants under workers’ compensation policies, and about individuals who are third-party claimants against products or services obtained for business, commercial or agricultural purposes. This chapter does not apply to information about companies or about individuals who obtain products or services for business, commercial or agricultural purposes; and
Ins 25.02(2)(b)(b) All nonpublic personal health information about individuals who obtain or are beneficiaries of products or services primarily for personal, family or household purposes from licensees, about individuals who are beneficiaries under group health plans and claimants under workers’ compensation policies, and about individuals who are third-party claimants against products or services obtained for business, commercial or agricultural purposes, except to the extent the information is subject to s. 51.30, 146.81 to 146.84 or 610.70, Stats.
Ins 25.02(3)(3)Extra-territorial application. 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 (PL 102-106) is in compliance with Title V of the Gramm-Leach-Bliley Act in such other state.
Ins 25.02 HistoryHistory: Cr. Register, June, 2001, No. 546, eff. 7-1-01.
Ins 25.03Ins 25.03Rule of construction. The examples in this chapter and the sample clauses in Appendix A of this chapter are not exclusive. Compliance with an example or use of a sample clause, to the extent applicable, constitutes compliance with this chapter.
Ins 25.03 HistoryHistory: Cr. Register, June, 2001, No. 546, eff. 7-1-01.
Ins 25.04Ins 25.04Definitions. As used in this chapter, unless the context requires otherwise:
Ins 25.04(1)(1)“Affiliate” means any company that controls, is controlled by or is under common control with another company.
Ins 25.04(2)(2)
Ins 25.04(2)(a)(a) “Clear and conspicuous” means that a notice is reasonably understandable and designed to call attention to the nature and significance of the information in the notice.
Ins 25.04(2)(b)(b) The following are examples of the application of “clear and conspicuous:”
Ins 25.04(2)(b)1.1. ‘Reasonably understandable.’ A licensee makes its notice reasonably understandable if it does all of the following:
Ins 25.04(2)(b)1.a.a. Presents the information in the notice in clear, concise sentences, paragraphs, and sections.
Ins 25.04(2)(b)1.b.b. Uses short explanatory sentences or bullet lists whenever possible.
Ins 25.04(2)(b)1.c.c. Uses definite, concrete, everyday words and active voice whenever possible.
Ins 25.04(2)(b)1.d.d. Avoids multiple negatives.
Ins 25.04(2)(b)1.e.e. Avoids legal and highly technical business terminology whenever possible.