reglab/housing_qa huggingface dataset:
HI Rev Stat § 431:3-413 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:3-413 Phase-in provision.

  §431:3-413 Phase-in provision. (a) For risk-based capital reports required to be filed by life or health insurers with respect to 1994, the following requirements shall apply in lieu of sections 431:3-403, 431:3-404, 431:3-405, and 431:3-406:  (1) In the event of a company action level event with respect to a domestic insurer, the commissioner shall take no regulatory action hereunder;  (2) In the event of a regulatory action level event under section 431:3-404(a)(1), (2), or (3), the commissioner shall take the actions required under section 431:3-403;  (3) In the event of a regulatory action level event under section 431:3-404(a)(4), (5), (6), (7), (8), or (9), or an authorized control level event, the commissioner shall take the actions required under section 431:3-404 with respect to the insurer; and  (4) In the event of a mandatory control level event with respect to an insurer, the commissioner shall take the actions required under section 431:3-405 with respect to the insurer.  (b) For risk-based capital reports required to be filed by property and casualty insurers with respect to 1997, the following requirements shall apply in lieu of sections 431:3-403, 431:3-404, 431:3-405, and 431:3-406:  (1) In the event of a company action level event with respect to a domestic insurer, the commissioner shall take no regulatory action hereunder;  (2) In the event of a regulatory action level event under section 431:3-404(a)(1), (2), or (3), the commissioner shall take the actions required under section 431:3-403;  (3) In the event of a regulatory action level event under section 431:3-404(a)(4), (5), (6), (7), (8), or (9), or an authorized control level event, the commissioner shall take the actions required under section 431:3-404 with respect to the insurer; and  (4) In the event of a mandatory control level event with respect to an insurer, the commissioner shall take the actions required under section 431:3-405 with respect to the insurer. [L 1994, c 190, pt of §1; am L 1995, c 61, §2 as superseded by c 232, §4; am L 1997, c 75, §14; am L 1999, c 128, §2]
HI Rev Stat § 431:3-414 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:3-414 Immunity.

  §431:3-414 Immunity. There shall be no liability on the part of, and no cause of action shall rise against, the State, the commissioner, or the insurance division or its employees, agents, or independent contractors for any action taken by them in the performance of their powers and duties under this part. [L 1997, c 75, §1]
HI Rev Stat § 431:3A-101 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:3A-101 Purpose; scope; applicability.

Note Personal information protection requirements. L Sp 2008, c 10, § §7 to 15. Cross References Information privacy and security council; personal information security, see § §487N-5 to 487N-7.  Personal information policy and oversight responsibilities for government agencies, see §487J-5. PART I. GENERAL PROVISIONS   §431:3A-101 Purpose; scope; applicability. (a) This article governs the treatment of nonpublic personal financial information about individuals by all insurance licensees. This article:  (1) Requires licensees to provide notice to individuals about its privacy policies and practices;  (2) Establishes the conditions under which a licensee may disclose nonpublic personal financial information about individuals to affiliates and nonaffiliated third parties; and  (3) Provides methods for individuals to prevent a licensee from disclosing that information.  (b) This article shall apply to nonpublic personal financial information about individuals who obtain or are claimants or beneficiaries of a licensee's products or services primarily for personal, family, or household purposes. This article shall not apply to information about companies or about individuals that obtain products or services for business, commercial, or agricultural purposes.  (c) Notice provisions under part II of this article shall not apply to licensees in liquidation or receivership. [L 2001, c 220, pt of §1]
HI Rev Stat § 431:3A-201 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:3A-201 Initial privacy notice to consumers required.

 §431:3A-201 Initial privacy notice to consumers required. (a) A licensee shall provide a clear and conspicuous notice that accurately reflects its privacy policies and practices to a consumer:  (1) Not later than when the licensee establishes a customer relationship, except as provided in subsection (d); and  (2) 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 sections 431:3A-402 and 431:3A-403.  (b) A licensee shall not be required to provide an initial notice to a consumer under subsection (a)(2) if:  (1) The licensee does not disclose any nonpublic personal financial information about the consumer to any nonaffiliated third party, other than as authorized by sections 431:3A-402 and 431:3A-403, and the licensee does not have a customer relationship with the consumer; provided that for purpose of this paragraph, a licensee establishes a customer relationship at the time the licensee and the consumer enter into a continuing relationship; and  (2) A notice has been provided by an affiliated licensee, if the notice clearly identifies all licensees to whom the notice applies and is accurate with respect to the licensee and the other institutions.  (c) 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 shall be deemed to satisfy the initial notice requirements of subsection (a) if:  (1) The licensee provides a revised privacy notice, under section 431:3A-205, that covers the customer's new insurance product or service; or  (2) The initial, revised, or annual notice that the licensee most recently provided to that customer was accurate with respect to the new insurance product or service, in which case the licensee does not need to provide a new privacy notice under subsection (a).  (d) A licensee may provide the initial notice under subsection (a)(1) within a reasonable time after the licensee establishes a customer relationship if:  (1) Establishing the customer relationship is not at the customer €™s election; or  (2) Providing notice not later than when the licensee establishes a customer relationship would substantially delay the customer €™s transaction and the customer agrees to receive the notice at a later time.  (e) When a licensee is required to deliver an initial privacy notice by this section, the licensee shall deliver it according to section 431:3A-206. If the licensee uses a short-form initial notice for noncustomers according to section 431:3A-203(c), the licensee may deliver its privacy notice according to section 431:3A-206. [L 2001, c 220, pt of §1; am L 2003, c 212, §31]
HI Rev Stat § 431:3A-202 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:3A-202 Annual privacy notice to customers required.

  §431:3A-202 Annual privacy notice to customers required. (a) Except as provided in subsection (b), a licensee shall provide a clear and conspicuous notice to customers that accurately reflects its privacy policies and practices not less than annually during the continuation of the customer relationship. For the purposes of this section, "annually" means at least once in any period of twelve consecutive months during which that relationship exists. A licensee may define the twelve-consecutive-month period, but the licensee shall apply it to the customer on a consistent basis.  (b) A licensee shall not be required to provide an annual notice to a customer under this section if the licensee:  (1) Has provided nonpublic personal financial information to nonaffiliated third parties in accordance with section 431:3A-401, 431:3A-402, or 431:3A-403; and  (2) Has not changed its policies and practices relating to the disclosure of nonpublic personal information from the most recent notice sent to customers in accordance with this section or section 431:3A-201.  (c) A licensee shall not be required to provide an annual notice to a former customer. A former customer is an individual with whom a licensee no longer has a continuing relationship.  (d) If a licensee is required under this section to deliver an annual privacy notice, the licensee shall deliver it according to section 431:3A-206. [L 2001, c 220, pt of §1; am L 2019, c 200, §2]
HI Rev Stat § 431:3A-204 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:3A-204 Form of opt out notice to consumers and opt out methods.

  §431:3A-204 Form of opt out notice to consumers and opt out methods. (a) A licensee shall provide an opt out notice to each of the licensee's consumers that is clear and conspicuous and accurately explains the right to opt out. The notice shall state:  (1) That the licensee discloses or reserves the right to disclose nonpublic personal financial information about its consumer to a nonaffiliated third party;  (2) That the consumer has the right to opt out of that disclosure; and  (3) A reasonable means by which the consumer may exercise the opt out right.  (b) A licensee may provide the opt out notice together with or on the same written or electronic form as the initial notice the licensee provides in accordance with section 431:3A-201.  (c) If a licensee provides the opt out notice later than required for the initial notice in accordance with section 431:3A-201, the licensee shall also include a copy of the initial notice with the opt out notice in writing or, if the consumer agrees, electronically.  (d) If two or more consumers jointly obtain an insurance product or service from a licensee, the licensee may provide a single opt out notice. The licensee €™s opt out notice shall explain that any of the joint consumers may exercise the right to opt out; provided that the licensee may:  (1) Treat an opt out direction by a joint consumer as applying to all of the associated joint consumers; or  (2) Permit each joint consumer to opt out separately; provided that if a licensee permits each joint consumer to opt out separately, the licensee shall permit one of the joint consumers to opt out on behalf of all of the joint consumers. A licensee may not require all joint consumers to opt out before it implements any opt out direction.  (e) A licensee shall comply with a consumer €™s opt out direction as soon as reasonably practicable after the licensee receives it.  (f) A consumer may exercise the right to opt out at any time.  (g) A consumer €™s direction to opt out under this section shall be effective until the consumer revokes it in writing or, if the consumer agrees, electronically. When a customer relationship terminates, the customer €™s opt out direction shall continue to apply to the nonpublic personal financial information that the licensee collected during or related to that relationship. If the individual subsequently establishes a new customer relationship with the licensee, the opt out direction that applied to the former relationship shall not apply to the new relationship.  (h) If a licensee is required to deliver an opt out notice by this section, the licensee shall deliver it in accordance with section 431:3A-206. [L 2001, c 220, pt of §1]
HI Rev Stat § 431:3A-205 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:3A-205 Revised privacy notices.

  §431:3A-205 Revised privacy notices. (a) Except as otherwise provided in this article, a licensee shall not, directly or through an affiliate, disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party other than as described in the initial notice that the licensee provided to that consumer under section 431:3A-201, unless:  (1) The licensee has provided to the consumer a clear and conspicuous revised notice that accurately describes its policies and practices;  (2) The licensee has provided to the consumer a new opt out notice;  (3) The licensee has given the consumer a reasonable opportunity, before the licensee discloses the information to the nonaffiliated third party, to opt out of the disclosure; and  (4) The consumer does not opt out.  (b) If a licensee is required to deliver a revised privacy notice under subsection (a), the licensee shall deliver it in accordance with section 431:3A-206. [L 2001, c 220, pt of §1]
HI Rev Stat § 431:3A-206 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:3A-206 Delivery.

  §431:3A-206 Delivery. (a) A licensee shall provide any notices required under this article so that each consumer can reasonably be expected to receive actual notice in writing or, if the consumer agrees, electronically.  (b) A licensee may reasonably expect that a customer will receive actual notice of the licensee's annual privacy notice if:  (1) The customer uses the licensee's web site to access insurance products and services electronically and agrees to receive notices at the web site and the licensee posts its current privacy notice continuously in a clear and conspicuous manner on the web site; or  (2) The customer has requested that the licensee refrain from sending any information regarding the customer relationship, and the licensee's current privacy notice remains available to the customer upon request.  (c) A licensee shall not provide any notice required under this article solely by oral explanation of the notice, either in person or over the telephone.  (d) For customers only, a licensee shall provide the initial notice required by section 431:3A-201(a), the annual notice required by section 431:3A-202(a), and the revised notice required by section 431:3A-205, so that the customer can retain them or obtain them later in writing or, if the customer agrees, electronically.  (e) A licensee may provide a joint notice from the licensee and one or more of its affiliates or other financial institutions, as identified in the notice, if the notice is accurate with respect to the licensee and the other institutions. A licensee also may provide a notice on behalf of another financial institution.  (f) If two or more consumers jointly obtain an insurance product or service from a licensee, the licensee may satisfy the initial, annual, and revised notice requirements of sections 431:3A-201(a), 431:3A-202(a), and 431:3A-205(a), by providing one notice to those consumers jointly. [L 2001, c 220, pt of §1]
HI Rev Stat § 431:3A-301 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:3A-301 Limits on disclosure of nonpublic personal financial information to nonaffiliated third parties.

 §431:3A-301 Limits on disclosure of nonpublic personal financial information to nonaffiliated third parties. (a) Except as otherwise authorized under this article, a licensee may not disclose, directly or through any affiliate, any nonpublic personal financial information about a consumer to a nonaffiliated third party unless:  (1) The licensee has provided to the consumer an initial notice as required under section 431:3A-201;  (2) The licensee has provided to the consumer an opt out notice as required under section 431:3A-204;  (3) The licensee has given the consumer a reasonable opportunity, before it discloses the information to the nonaffiliated third party, to opt out of the disclosure; and  (4) The consumer does not opt out.  (b) A licensee shall comply with this section, whether or not the licensee and the consumer have established a customer relationship. If a licensee fails to comply with this section, the licensee may not disclose, directly or through any affiliate, any nonpublic personal financial information about a consumer that the licensee has collected, whether or not the licensee collected it before or after receiving the direction to opt out from the consumer.  (c) A licensee may allow a consumer to select certain nonpublic personal financial information or certain nonaffiliated third parties with respect to which the consumer wishes to opt out. [L 2001, c 220, pt of §1]
HI Rev Stat § 431:3A-302 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:3A-302 Limits on redisclosure and reuse of nonpublic personal financial information.

  §431:3A-302 Limits on redisclosure and reuse of nonpublic personal financial information. (a) If a licensee receives nonpublic personal financial information from a nonaffiliated financial institution under an exception in section 431:3A-402 or 431:3A-403, the licensee's disclosure and use of that information shall be as follows:  (1) The licensee may disclose the information to the affiliates of the financial institution from which the licensee received the information;  (2) The licensee may disclose the information to its affiliates who may disclose and use the information only to the extent that the licensee may disclose and use the information; and  (3) The licensee may disclose and use the information pursuant to an exception under section 431:3A-402 or 431:3A-403, in the ordinary course of business to carry out the activity covered by the exception under which the licensee received the information.  (b) If a licensee receives nonpublic personal financial information from a nonaffiliated financial institution other than under an exception in section 431:3A-402 or 431:3A-403, the licensee may disclose the information only:  (1) To the affiliates of the financial institution from which the licensee received the information;  (2) To its affiliates who may disclose the information only to the extent that the licensee may disclose the information; and  (3) To any other person, if the disclosure would be lawful if made directly to that person by the financial institution from which the licensee received the information.  (c) If a licensee discloses nonpublic personal financial information to a nonaffiliated third party under an exception in section 431:3A-402 or 431:3A-403, the third party may disclose and use that information, as follows:  (1) Disclose to the licensee's affiliates;  (2) Disclose to its affiliates, who may disclose and use the information only to the extent that the third party may disclose and use the information; and  (3) Disclose and use the information pursuant to an exception under section 431:3A-402 or 431:3A-403 in the ordinary course of business to carry out the activity covered by the exception under which it received the information.  (d) If a licensee discloses nonpublic personal financial information to a nonaffiliated third party other than under an exception under section 431:3A-402 or 431:3A-403, the third party may disclose the information only:  (1) To the licensee's affiliates;  (2) To the third party's affiliates who may disclose the information only to the extent the third party can disclose the information; and  (3) To any other person, if the disclosure would be lawful if the licensee made it directly to that person. [L 2001, c 220, pt of §1; am L 2003, c 212, §32]
HI Rev Stat § 431:3A-303 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:3A-303 Limits on sharing account number information for marketing purposes.

  §431:3A-303 Limits on sharing account number information for marketing purposes. (a) A licensee shall not disclose, directly or through an affiliate other than to a consumer reporting agency, a policy number or similar form of access number or access code for a consumer €™s policy or transaction account to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.  (b) Subsection (a) does not apply if a licensee discloses a policy number or similar form of access number or access code:  (1) To the licensee €™s service provider solely in order to perform marketing for the licensee €™s own products or services, if the service provider is not authorized to directly initiate charges to the account;  (2) To a licensee who is a producer solely in order to perform marketing for the licensee €™s own products or services; or  (3) To a participant in an affinity or similar program if the participants in the program are identified to the customer when the customer enters into the program. [L 2001, c 220, pt of §1]
HI Rev Stat § 431:3A-401 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:3A-401 Exception to opt out requirements for disclosure of nonpublic personal financial information for service providers and for joint marketing.

 §431:3A-401 Exception to opt out requirements for disclosure of nonpublic personal financial information for service providers and for joint marketing. (a) The opt out requirements in sections 431:3A-204 and 431:3A-301 shall not apply if a licensee provides nonpublic personal financial information to a nonaffiliated third party to perform services for the licensee or functions on the licensee €™s behalf, if the licensee:  (1) Provides the initial notice in accordance with section 431:3A-201; and  (2) Enters into a contractual agreement with the third party that prohibits the third party from disclosing or using the information other than to carry out the purposes for which the licensee disclosed the information, including use under an exception in sections 431:3A-402 and 431:3A-403 in the ordinary course of business to carry out those purposes.  (b) The services a nonaffiliated third party performs for a licensee under subsection (a) include marketing of the licensee €™s own products or services or marketing of financial products or services offered pursuant to joint agreements between the licensee and one or more financial institutions.  (c) For purposes of this section, "joint agreement" means a written contract pursuant to which a licensee and one or more financial institutions jointly offer, endorse, or sponsor a financial product or service. [L 2001, c 220, pt of §1]
HI Rev Stat § 431:3A-501 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:3A-501 Protection of Fair Credit Reporting Act.

 §431:3A-501 Protection of Fair Credit Reporting Act. Nothing in this article shall be construed to modify, limit, or supersede the federal Fair Credit Reporting Act, Title 15 United States Code section 1681, et seq., as amended, and no inference shall be drawn on the basis of the provisions of this article regarding whether information is transaction or experience information under Title 15 United States Code section 602, et seq., as amended. [L 2001, c 220, pt of §1]
HI Rev Stat § 431:3A-502 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:3A-502 Nondiscrimination.

  §431:3A-502 Nondiscrimination. A licensee shall not unfairly discriminate against any consumer or customer because that consumer or customer has opted out from the disclosure of nonpublic personal financial information under this article. [L 2001, c 220, pt of §1]
HI Rev Stat § 431:3A-503 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:3A-503 Violation.

  §431:3A-503 Violation. A violation of this article shall be deemed an unfair method of competition or unfair or deceptive trade act or practice in the business of insurance in violation of section 431:13-102. [L 2001, c 220, pt of §1]
HI Rev Stat § 431:3A-504 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:3A-504 Rules.

  §431:3A-504 Rules. The commissioner may adopt rules pursuant to chapter 91 to further the purposes of this article. [L 2001, c 220, pt of §1]