Mass. Gen. Laws ch. 175I, sec. 9 — MA Code / Part I / Title XXII / Chapter 175I / Section 9
Correction, amendment or deletion of personal information
Status: in_force

Section 9. (a) An individual to whom personal information refers has a right to have any factual error corrected and any misrepresentation or misleading entry amended or deleted as provided in this section. (b) 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 such individual within its possession, an insurance institution, insurance representative or insurance-support organization shall either: (1) correct, amend or delete the portion of the recorded personal information in dispute; or (2) reinvestigate the disputed information and upon completion of such reinvestigation the insurance institution, insurance representative or insurance-support organization shall correct, amend or delete the portion of the recorded personal information in dispute or notify the individual of: (i) its refusal to make such correction, amendment or deletion; (ii) the reason for such refusal; (iii) the individual's right to file a statement as provided in subsection (d); and (iv) the individual's right to request review by the commissioner of insurance as provided by section fourteen. (c) If the insurance institution, insurance representative or insurance-support organization corrects, amends or deletes recorded personal information in accordance with paragraph (1) of subsection (b), the insurance institution, insurance representative or insurance-support organization shall so notify the individual in writing and furnish the correction, amendment or fact of deletion to: (1) any person who, according to the records of the insurance institution, insurance representative or insurance-support organization, has, within the preceding two years received such recorded personal information from the insurance institution, insurance representative or insurance-support organization, and any person specifically designated by the individual who may have, within the preceding two years, received such recorded personal information; provided, however, that this subsection shall apply only to personal information which is medical record information or which relates to the individual's character, general reputation, personal characteristics or mode of living; (2) any insurance-support organization whose primary source of personal information is insurance institutions if the insurance-support organization has systematically received such recorded personal information from the insurance institution within the preceding seven years; provided, however, that 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. (d) Whenever an individual disagrees with an insurance institution's, insurance representative's or insurance-support organization's refusal to correct, amend or delete recorded personal information, such individual shall be permitted to file with the insurance institution, insurance representative or insurance-support organization: (1) a concise statement setting forth what such individual thinks is the correct, relevant or fair information; and (2) a concise statement of the reasons why such individual disagrees with the insurance institution's, insurance representative's or insurance-support organization's refusal to correct, amend or delete recorded personal information. (e) In the event an individual files a statement as described in subsection (d), the insurance institution, insurance representative or insurance-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's statement and have access to it; (2) in any subsequent disclosure by the insurance institution, insurance representative or insurance-support organization of the recorded personal information that is the subject of disagreement, clearly identify the matter in dispute and provide the individual'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 (c). (f) The rights granted to an individual in this section shall extend to a natural person to the extent information about such person is collected and maintained by an insurance institution, insurance representative or insurance-support organization in connection with an insurance transaction. The rights granted to a natural person by this subsection shall not extend to information about such person that relates to and is collected in connection with or in reasonable anticipation of a claim or civil or criminal proceeding involving such person. (g) For purposes of this section, the term ''insurance-support organization'' shall not include ''consumer reporting agency''.

Section 9. (a) An individual to whom personal information refers has a right to have any factual error corrected and any misrepresentation or misleading entry amended or deleted as provided in this section.

(b) 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 such individual within its possession, an insurance institution, insurance representative or insurance-support organization shall either:

(1) correct, amend or delete the portion of the recorded personal information in dispute; or

(2) reinvestigate the disputed information and upon completion of such reinvestigation the insurance institution, insurance representative or insurance-support organization shall correct, amend or delete the portion of the recorded personal information in dispute or notify the individual of:

(i) its refusal to make such correction, amendment or deletion;

(ii) the reason for such refusal;

(iii) the individual's right to file a statement as provided in subsection (d); and

(iv) the individual's right to request review by the commissioner of insurance as provided by section fourteen.

(c) If the insurance institution, insurance representative or insurance-support organization corrects, amends or deletes recorded personal information in accordance with paragraph (1) of subsection (b), the insurance institution, insurance representative or insurance-support organization shall so notify the individual in writing and furnish the correction, amendment or fact of deletion to:

(1) any person who, according to the records of the insurance institution, insurance representative or insurance-support organization, has, within the preceding two years received such recorded personal information from the insurance institution, insurance representative or insurance-support organization, and any person specifically designated by the individual who may have, within the preceding two years, received such recorded personal information; provided, however, that this subsection shall apply only to personal information which is medical record information or which relates to the individual's character, general reputation, personal characteristics or mode of living;

(2) any insurance-support organization whose primary source of personal information is insurance institutions if the insurance-support organization has systematically received such recorded personal information from the insurance institution within the preceding seven years; provided, however, that 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.

(d) Whenever an individual disagrees with an insurance institution's, insurance representative's or insurance-support organization's refusal to correct, amend or delete recorded personal information, such individual shall be permitted to file with the insurance institution, insurance representative or insurance-support organization:

(1) a concise statement setting forth what such individual thinks is the correct, relevant or fair information; and

(2) a concise statement of the reasons why such individual disagrees with the insurance institution's, insurance representative's or insurance-support organization's refusal to correct, amend or delete recorded personal information.

(e) In the event an individual files a statement as described in subsection (d), the insurance institution, insurance representative or insurance-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's statement and have access to it;

(2) in any subsequent disclosure by the insurance institution, insurance representative or insurance-support organization of the recorded personal information that is the subject of disagreement, clearly identify the matter in dispute and provide the individual'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 (c).

(f) The rights granted to an individual in this section shall extend to a natural person to the extent information about such person is collected and maintained by an insurance institution, insurance representative or insurance-support organization in connection with an insurance transaction. The rights granted to a natural person by this subsection shall not extend to information about such person that relates to and is collected in connection with or in reasonable anticipation of a claim or civil or criminal proceeding involving such person.

(g) For purposes of this section, the term ''insurance-support organization'' shall not include ''consumer reporting agency''.