Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 5 - Privacy of Consumer Financial and Health Information › 3 AAC 26.749 - Definitions

Current through May 31, 2024
(a) In
				  3 AAC 26.605 -
				  3 AAC 26.749, unless the context requires otherwise,
(1) "affiliate" means a company that
				  controls, is controlled by, or is under common control with another
				  company;
(2) "affinity program"
				  means a relationship between a financial institution and an unaffiliated third
				  party in which the unaffiliated third party
(A) facilitates the financial institution's
				  efforts to market the financial institution's products or services to the
				  unaffiliated third party's customers or members; or
(B) endorses the financial institution's
				  products or services;
(3) "clear and conspicuous" means reasonably
				  understandable and designed to call attention to the nature and significance of
				  the information;
(4) "collect"
				  means to obtain information that is organized or can be retrieved by the name
				  of a consumer or by a number, symbol, or other identifier assigned to the
				  consumer;
(5) "company" means a
				  corporation, limited liability company, business trust, general or limited
				  partnership, association, sole proprietorship, or other similar
				  organization;
(6)
				  "consumer-reporting agency" has the meaning given in
				  15 U.S.C.
				  1681 a(f) (Fair Credit Reporting
				  Act);
(7) "control" means the
(A) ownership of, authority over, or power to
				  vote at least 25 percent of the outstanding shares of any class of voting
				  security of a company;
(B)
				  authority in any manner over the election of a majority of the board of
				  directors, trustees, general partners, or other individuals exercising similar
				  functions of the company; or
(C)
				  authority or power to influence the management or policies of a company as
				  determined by the director;
(8) "customer" means a consumer who has a
				  customer relationship with a licensee; "customer" does not include an
				  individual described under
				  3 AAC 26.715(d);
(9) "customer information systems" means the
				  electronic or physical methods used to access, collect, store, use, transmit,
				  protect, or dispose of customer information;
(10) "customer relationship" means a
				  continuing relationship between a consumer and a licensee under which the
				  licensee provides one or more insurance products or services to the
				  consumer;
(11) "financial
				  institution" means a business that engages in an activity that is financial in
				  nature or an activity incidental to a financial activity under
				  12 U.S.C.
				  1843(k) (Bank Holding
				  Company Act of 1956); "financial institution" does not include
(A) with respect to a financial activity, a
				  person that is subject to the Commodity Futures Trading Commission under
				  7 U.S.C.
				  1 -
				  27 f (Commodity Exchange
				  Act);
(B) the Federal Agricultural
				  Mortgage Corporation or any person charged and operating under
				  12 U.S.C.
				  2001 - 2279 cc (Farm Credit Act);
				  or
(C) a business chartered by the
				  United States Congress specifically to engage in securitization of assets,
				  secondary market sales, sales of servicing rights, or similar transactions
				  related to a transaction of a consumer, when the business does not sell or
				  transfer nonpublic personal information to a nonaffiliated third
				  party;
(12) "financial
				  product or service" means a product or service that a financial holding company
				  could offer by engaging in an activity that is financial in nature or an
				  activity incidental to a financial activity under
				  12 U.S.C.
				  1843(k) (Bank Holding
				  Company Act of 1956); "financial product or service" includes evaluation or
				  brokerage of information that a financial institution collects in connection
				  with a request or an application from a consumer for a financial product or
				  service;
(13) "health care" means
(A) preventive, diagnostic, therapeutic,
				  rehabilitative, maintenance, or palliative care, services, procedures, tests,
				  or counseling that
(i) relates to the
				  physical, mental, or behavioral condition of an individual; or
(ii) affects the structure or function of the
				  human body or any part of the human body, including the banking of blood,
				  sperm, organ, or any other bodily tissue; or
(B) prescribing, dispensing, or furnishing to
				  an individual drugs, biologicals, medical devices, or health care equipment or
				  supplies;
(14) "health
				  care provider" means
(A) an individual
				  licensed, accredited, or certified in any state to provide health care
				  services; and
(B) a health care
				  facility that is or is not licensed, accredited, or certified to provide health
				  care services;
(15)
				  "health information"
(A) means oral or
				  recorded information or data that is created by or derived from a health care
				  provider or consumer, and that relates to
(i)
				  the past, present, or future physical, mental, or behavioral health or
				  condition of an individual;
(ii)
				  the provision of health care to an individual; or
(iii) payment for the provision of health
				  care to an individual; and
(B) does not include an individual's age or
				  gender;
(16) "licensee"
				  means a person licensed or required to be licensed, authorized or required to
				  be authorized, or registered or required to be registered under AS 21;
				  "licensee" includes a surplus lines insurer or surplus lines broker;
(17) "nonaffiliated third party" means a
(A) person that is not
(i) an affiliate of a licensee; or
(ii) employed jointly by a licensee and a
				  company that is not an affiliate of a licensee; or
(B) company that is an affiliate of the
				  company because 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 described in
				  12 U.S.C.
				  1843(k)(4)(H) (Bank Holding
				  Company Act) or insurance company investment activities described in
				  12 U.S.C.
				  1843(k)(4)(I) (Bank Holding
				  Company Act);
(18)
				  "nonpublic personal information" means nonpublic personal financial information
				  and nonpublic personal health information;
(19) "nonpublic personal financial
				  information"
(A) means
(i) personally identifiable financial
				  information; or
(ii) a list,
				  description, or other grouping of consumers and publicly available information
				  pertaining to the consumers that is derived using personally identifiable
				  financial information that is not publicly available; and
(B) does not include
(i) health information;
(ii) publicly available information, unless
				  included in a list described in (A)(ii) of this paragraph; or
(iii) a list, description, or other grouping
				  of consumers and publicly available information pertaining to the consumers
				  that is derived without using personally identifiable financial information
				  that is not publicly available;
(20) "nonpublic personal health information"
				  means health information
(A) that identifies
				  an individual who is the subject of the information; or
(B) in which a reasonable basis exists to
				  believe that the information could be used to identify an individual;
(21) "opt out" means to direct a
				  licensee not to disclose nonpublic personal financial information about a
				  consumer to a nonaffiliated third party, except as allowed under
				  3 AAC 26.660 -
				  3 AAC 26.670;
(22) "personally identifiable financial
				  information" means information a consumer provides to a licensee to obtain an
				  insurance product or service from the licensee, information about a consumer
				  resulting from a transaction between a licensee and a consumer involving an
				  insurance product or service, or information a licensee obtains about a
				  consumer in connection with providing an insurance product or service to the
				  consumer;
(23) "publicly available
				  information" means information that a licensee has a reasonable basis to
				  believe is lawfully made available to the general public from
(A) federal, state, or local government
				  records, including information from government real estate and security
				  interest filings;
(B) widely
				  distributed media, including information from a telephone book, a television or
				  radio program, or a newspaper that is available to the general public on an
				  unrestricted basis or from a web site that is available to the general public
				  regardless of whether a fee or password is required to access the web site;
				  or
(C) disclosures to the general
				  public that are required to be made by federal, state, or local law;
(24) "service provider" means a
				  person that maintains, processes, or otherwise is allowed access to customer
				  information due to the service the person furnishes directly to a
				  licensee;
(25) "working day" means
				  a calendar day other than Saturday, Sunday, an official federal holiday, or an
				  official holiday in this state.