Louisiana 2020 2020 Regular Session

Louisiana House Bill HB808 Comm Sub / Analysis

                    DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part of the
legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
HB 808 Reengrossed 2020 Regular Session	Magee
Abstract:  Provides for additional premium discounts when an insured consents to provide his
personally identifiable data that has been collected by a motor vehicle insurer to third parties.
Proposed law requires an insurer to provide an insured with a discount when an insured gives
consent to allow the insurer to share with or sell to a third party the named insured's personally
identifiable data that has been collected through a safe driving program, application, or telematics
device, when the data is not being shared or sold to the third party for use related either to the
insurance transaction or public safety or to promote a public policy or purpose.
Proposed law provides that before providing a third party with the named insured's data an insurer
is required to seek and obtain consent through a separate statement of consent with a box that must
be selected or checked off by the insured to acknowledge the insured is opting to give such consent.
Proposed law redesignates present law.
(Amends R.S. 22:1457(D)-(G); Adds R.S. 22:1457(H))
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Change a provision in proposed law from requiring insurers to provide a ten percent
premium reduction when meeting the circumstances provided for in proposed law to
requiring insurers to provide a discount when meeting the circumstances provided for in
proposed law.
2. Add that the insured's data that is shared and sold be personally identifiable data.
3. Add a provision which makes proposed law applicable when the insured's data that is
shared or sold is being used for purposes unrelated to either the insurance transaction or
public safety or to promote a public policy or purpose.
4. Add a provision requiring an insurer to obtain consent from an insured through a separate
statement of consent accompanied by a box which must be selected or checked off by the
insured acknowledging that the insured is opting to give such consent prior to providing a named insured's personally identifiable data to third parties.