California Governor Signs 'Opt-In' Privacy Bill Into Law

August 31, 2003 at 08:00 PM
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California Governor Signs Opt-In Privacy Bill Into Law

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A new California law limits the ability of life insurance companies to share customers personal information with affiliates and outside companies.

The law, based on state Senate Bill 1, which was introduced by state Sen. Jackie Speier, D-Daly City, Calif., requires insurers, banks and other financial institutions doing business in California to have consumers "opt in" to arrangements for sharing personal information with outside companies.

The law puts no restrictions on companies ability to share customer information with affiliates in the same line of business. But companies will have to give customers a chance to opt out before sharing information with affiliates in different lines.

Companies may also have to issue more privacy notices.

Under the old law, consumers had to make an effort to opt out of information-sharing arrangements.

California Gov. Gray Davis, a Democrat who is battling a recall campaign, says he hopes the new privacy law will set an example for the rest of the United States.

"By signing this bill, were putting consumers in control of their intimate financial DNA," Davis says. "You wouldnt let a stranger riffle through your wallet or pocketbook. Just as well, we shouldnt let financial institutions look through your checkbook or credit card spending habits."

The American Council of Life Insurers, Washington, says the final version of the bill will hurt life insurers ability to meet consumers needs.

The ACLI also objects to the idea of letting each state set its own privacy standards.

"A uniform federal approach, rather than a patchwork quilt of state laws, is needed," says ACLI President Frank Keating.

The ACLI and other financial services trade groups are hoping that Congress will impose uniform privacy standards when it reauthorizes the federal Fair Credit Reporting Act.

Some California financial services companies say enactment of S.B. 1 is better than an alternative that might have been.

A coalition of consumer groups, Californians for Privacy Now, was campaigning to put a strict financial services privacy initiative on the states March 2004 ballot.

Some California financial services organizations took a neutral position on S.B. 1 in exchange for an agreement that Californians for Privacy Now would end the initiative campaign. Now that Davis has signed S.B. 1, the coalition has ended the California initiative campaign.


Reproduced from National Underwriter Life & Health/Financial Services Edition, September 1, 2003. Copyright 2003 by The National Underwriter Company in the serial publication. All rights reserved.Copyright in this article as an independent work may be held by the author.


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