A California insurer is collecting personal information from applicants for underwriting purposes. Under the California Insurance Information and Privacy Protection Act, which of the following is generally NOT considered 'privileged information'?
- AMedical record information from a physician.
- BPsychiatric reports obtained with the applicant's authorization.
- CInformation derived from a personal interview with the applicant where a promise of confidentiality was made.
- DInformation contained in public records, such as motor vehicle reports.
Show answer & explanationAnswer & explanation
Correct answer: D. Information contained in public records, such as motor vehicle reports.
The California Insurance Information and Privacy Protection Act (CIC §791 et seq.) defines 'privileged information' as data collected in connection with an insurance transaction that relates to a person's medical or psychiatric history or is obtained under a promise of confidentiality. Information already in public records, like motor vehicle reports, is generally not considered privileged.
Why the other options are wrong
- A. Medical records are explicitly listed as privileged information under the Act.
- B. Psychiatric reports, even with authorization, fall under the definition of privileged information due to their sensitive nature.
- C. Information obtained under a promise of confidentiality during a personal interview is considered privileged.
Privileged Information (CA Privacy)
Under California's Insurance Information and Privacy Protection Act, 'privileged information' includes data relating to an individual's medical or psychiatric history or information obtained under a promise of confidentiality. Public record information is typically excluded.
- Medical/psychiatric data
- Promise of confidentiality
- Excludes public records
Memory trick: Privileged is 'M.P.C.' (Medical, Psychiatric, Confidential).