R590-206-3. Rule of Construction

  (1)(a) The examples in this rule, the sample clauses in Appendix A, and the Federal Model Privacy Form in Appendix B are not exclusive.

  (b) Appendix A - Sample Clauses, of the Model Rule entitled, "Privacy of Consumer Financial and Health Information Regulation," and Appendix B -- Federal Model Privacy Form, of the Model Rule entitled, "Privacy of Consumer Financial and Health Information Regulation," adopted April 11, 2017, by the National Association of Insurance Commissioners, are incorporated by reference and available for inspection at the Insurance Department and the Office of Administrative Rules.

  (c) Compliance with an example or use of a sample clause, to the extent applicable, constitutes compliance with this rule.

  (2)(a) Licensees may rely on use of the Federal Privacy Form in Appendix B, consistent with the form's instructions, as a safe harbor of compliance with the privacy notice content requirements of this rule.

  (b) Use of the Federal Model Privacy Form in Appendix B is not required. Licensees may continue to use other types of privacy notices, including notices that contain the examples in this regulation and/or the sample clauses in Appendix A, provided that such notices accurately describe the licensee's privacy practices and otherwise meet the notice content requirements of this rule.

  (3)(a) Subjection to Subsection (b), licensees may continue to use privacy notices that contain the examples in this rule and the sample clauses in Appendix A.

  (b) Licensees may not rely on the use of privacy notices with the sample clauses in Appendix A as a safe harbor of compliance with the notice content requirements of this regulation after July 1, 2019.