California Property & Casualty Broker-AgentCalifornia LawMedium
A California Property & Casualty Broker-Agent is assisting a client with a claim for fire damage to their home. The client is concerned about the privacy of their personal information shared during the claims process. Under California's Insurance Information and Privacy Protection Act, which of the following is considered 'privileged information' and generally cannot be disclosed without the individual's consent?
- AThe client's policy number and coverage limits.
- BInformation about the client's medical history obtained from their doctor.
- CPublicly available property tax records for the damaged home.
- DDetails about the cause of the fire from the fire department report.
Show answer & explanationAnswer & explanation
Correct answer: B. Information about the client's medical history obtained from their doctor.
Under the Insurance Information and Privacy Protection Act, 'privileged information' includes data relating to an individual's medical or psychological history. This type of sensitive information requires explicit consent for disclosure, unlike publicly available or claims-related factual data.
Why the other options are wrong
- A. Policy details are generally considered transactional information, not privileged in this context.
- C. Public records are by definition not privileged and are accessible without consent.
- D. This is factual claims data, not typically considered privileged under privacy laws.
Privileged Information (CA Insurance Privacy)
In California, 'privileged information' under the Insurance Information and Privacy Protection Act primarily refers to data concerning an individual's medical or psychological history, requiring specific consent for disclosure.
- Protects highly sensitive personal data.
- Requires explicit authorization (usually written) for disclosure.
- Distinguished from 'personal information' or 'confidential information' which have different disclosure rules.
Memory trick: Medical secrets, privileged and sealed, for all to yield.