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PA Bulletin, Doc. No. 03-2366



Notice of Comments Issued

[33 Pa.B. 6124]

   Section 5(g) of the Regulatory Review Act (71 P. S. § 745.5(g)) provides that the Independent Regulatory Review Commission (Commission) may issue comments within 30 days of the close of the public comment period. The Commission comments are based upon the criteria in section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b).

   The Commission has issued comments on the following proposed regulation. The agency must consider these comments in preparing the final-form regulation. The final-form regulation must be submitted within 2 years of the close of the public comment period or it will be deemed withdrawn.

Close of the Public IRRC Comments
Reg. No. Agency/Title Comment Period Issued
11-215 Insurance Department 11/3/03 12/3/03
Standards for Safeguarding Customer    Information
(33 Pa.B. 4917 (October 4, 2003))


Insurance Department Regulation No. 11-215

Standards for Safeguarding Customer Information

December 3, 2003

   We submit for consideration the following comments that include references to the criteria in the Regulatory Review Act (71 P. S. § 745.5b) which have not been met. The Insurance Department must respond to these comments when it submits the final-form regulation. The public comment period for this regulation closed on November 3, 2003. If the final-form regulation is not delivered within 2 years of the close of the public comment period, the regulation will be deemed withdrawn.

1.  Section 146c.2. Definitions.--Need; Economic impact; Reasonableness.


   The Preamble states this rulemaking is based on the National Association of Insurance Commissioners Standards for Safeguarding Customer Information Model Regulation (NAIC Model Rule). The NAIC Model Rule's Preamble (Section 1.D.) and definitions (Section 2.A.) clearly state the intent of the rule is to protect both financial and health information of customers. These provisions are reflected in the proposed regulation.

   Commentators believe the proposed definition of ''customer'' in Chapter 146c inappropriately expands the scope of the proposed regulation by including ''consumers.'' They state this goes beyond the NAIC Model Rule, will impose costs and will take longer to implement because it will cover individuals with whom insurers have no continuing business relationship.

   The proposed definition of ''customer'' includes ''either a 'consumer' or 'customer' as defined in § 146a.2 . . . .'' Why did the Department expand the definition of customer to include consumer information as defined in § 146a.2? The Department should explain the need to protect consumer information, provide an estimate of the costs imposed on insurers to protect this information and explain how this can reasonably be implemented by the deadline imposed by § 146c.11.


[Pa.B. Doc. No. 03-2366. Filed for public inspection December 12, 2003, 9:00 a.m.]

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