Expect Focus Life, Annuity, and Retirement Solutions, April 2022

NAIC’s Privacy Protections Working Group Plans Extended Growing Season for Fall 2023 Harvest

Cybersecurity and Privacy   |   Life, Annuity, and Retirement Solutions   |   Life, Annuity, and Retirement Solutions   |   Financial Services Regulatory   |   May 11, 2022

The NAIC’s Privacy Protections Working Group has updated its work plan, planting two crops for its fall 2023 harvest:

  1. Updating NAIC Privacy Models 670 and 672
    • The working group’s proposed updates to Models 670 and 672 will sprout for comment on a rolling basis. Two to three sections will germinate each month, with each sprouting revision being followed by a roughly three-week comment period. The first seedlings of proposed revisions will sprout on April 13, 2022, with comments for shaping and pruning accepted until May 4, 2022. The next batch will sprout approximately one week later, followed by a three-week comment period, and so on. The complete draft revisions are planned for harvesting at the NAIC’s Fall 2023 National Meeting.
    • The NAIC has identified a number of “decision points,” including the possibility of:
      • Replacing NAIC Model 670 and 672’s definitions with the NAIC’s Insurance Data Security Act’s (Model 668) definitions;
      • Deleting NAIC Model 670’s pretext interview provisions;
      • Coordinating NAIC Model 670 and Model 672’s notification requirements; and
      • Incorporating the 2015 Fixing America’s Surface Transportation (FAST) Act’s annual privacy notice mailing exceptions.

Time will tell what other seedlings catch the NAIC’s eye.

  1. Surveying Interested Parties and Drafting a White Paper
    • The working group will use a four-to-six-question survey of interested parties to gain an understanding of interested parties’ data collection and disclosure practices, as well as analyze data ownership and use rights.
    • Draft survey questions will be sown for comment by May 11, 2022, with comments accepted until June 8, 2022. Working Group members will complete a draft white paper by August 10, 2022, after which regulators will have until October 7, 2022, to submit comments and suggested changes. The draft will not sprout for public comment, however, until December 7, 2022, after which comments will be accepted until March 1, 2023. The working group will spend most of 2023 (through October 5, 2023) winnowing submitted comments and making any necessary amendments to its draft white paper. The draft will be finalized by the end of October 2023 and bloom at the NAIC’s Fall 2023 National Meeting.

The above dates, however, are subject to growing conditions.


©2023 Carlton Fields, P.A. Carlton Fields practices law in California through Carlton Fields, LLP. Carlton Fields publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information and educational purposes only, and should not be relied on as if it were advice about a particular fact situation. The distribution of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship with Carlton Fields. This publication may not be quoted or referred to in any other publication or proceeding without the prior written consent of the firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our Contact Us form via the link below. The views set forth herein are the personal views of the author and do not necessarily reflect those of the firm. This site may contain hypertext links to information created and maintained by other entities. Carlton Fields does not control or guarantee the accuracy or completeness of this outside information, nor is the inclusion of a link to be intended as an endorsement of those outside sites.

Subscribe to Publications


The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.