DAR File No. 28423

Insurance, Administration

R590-205

Privacy of Consumer Information Compliance Deadline

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 28423
Filed: 12/15/2005, 02:55
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

The following code references authorize and direct the department in the writing of this rule. Subsections 31A-2-201(2) and 31A-2-201(3)(a) empower the commissioner to administer and enforce Title 31A and to write rules to implement it. Title V, Section 505, 15 U.S.C. 6805, empowers the Utah insurance commissioner to enforce Subtitle A of Title V of the Gramm-Leach-Bliley Act of 1999, 15 U.S.C. 6801 through 6820. Title V, Section 505, 15 U.S.C. 6805(b)(2), authorizes the commissioner to issue rules to implement the requirements of Title V, Section 5501(b) of the federal act. The rule provides an extension to persons and entities under jurisdiction of the department that are required to adopt policies, procedures, and controls to prevent the unauthorized disclosure of personal nonpublic information relating to their customers under the Gramm-Leach-Bliley Act of 1999. It also creates a link with the federal law, putting it in force in Utah, providing security in how, if at all, a persons personal, nonpublic information may or may not be disclosed.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The department has not received any written comments in the past five years regarding this rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule will need to be changed to eliminate the extension provision. However, the protections to a customer's personal, nonpublic information still needs to be provided; therefore, this rule should be continued. This rule will also provide the link to the federal laws providing that protection to a person's personal, nonpublic information.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Jilene Whitby at the above address, by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at jwhitby@utah.gov

Authorized by:

Jilene Whitby, Information Specialist

ADDITIONAL INFORMATION

PLEASE NOTE:

• Please see the DISCLAIMER regarding information available from state web pages.

For questions regarding the content or application of this rule, please contact Jilene Whitby at the above address, by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at jwhitby@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.