No. 36688 (5-year Review): Rule R590-216. Standards for Safeguarding Customer Information

DAR File No.: 36688
Filed: 08/23/2012 12:39:09 PM

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:

Subsections 31A-2-202(1), 31A-2-201(2), and 31A-2-201(3)(a) empower the commissioner to administer and enforce Title 31A, to perform duties imposed by Title 31A, and to make administrative rules to implement the provisions of Title 31A. Title V, Section 505 (15 USC 6805) empowers the Utah Insurance Commissioner to enforce Subtitle A of Title V of the Gramm-Leach-Bliley Act of 1999 (15 USC 6801 through 6820). Title V, Section 505 (15 USC 6805(b)(2)) authorizes the commissioner to issue rules to implement the requirements of Title V, Section 501(b) of the federal act. The commissioner is also authorized under Subsection 31A-23a-417(3) to adopt rules implementing the requirements of Title V, Section 501(b) of the federal act.

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 regarding this rule for the past five years.

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

The rule implements the requirements of federal law regarding the disclosure of nonpublic personal information. The rule establishes standards applicable to department licensees to assist them in developing and implementing administrative, technical and physical safeguards to protect the security, and confidentiality and integrity of customer information. As long as the federal law regarding the privacy of non-public personal information is in force, and as long as the insurance industry continues to collect this type of information regarding their customers, this rule will be necessary. Therefore, this rule should be continued.

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

Insurance
Administration
Room 3110 STATE OFFICE BLDG
450 N MAIN ST
SALT LAKE CITY, UT 84114-1201

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 [e-mail]

Authorized by:

Jilene Whitby, Information Specialist

Effective:

08/23/2012

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