Proposed New York Regulation for Domestic Violence Victim Confidentiality

By Kate O'Kelly February 25, 2014

Kate O KellyA proposed New York regulation could require insurers to develop written protocols for protecting the identities of victims of domestic violence. Issued on October 9, 2013, Confidentiality Protocols for Victims of Domestic Violence would require insurers to prohibit the disclosure of the following information after receipt of a valid order of protection:

  • address and telephone number of the domestic violence victim
  • address and telephone number of any children residing with the victim
  • name, address, and telephone number of a person providing covered services to the victim, including medical providers, auto repair shops, and contractors

Additionally, insurers must accommodate alternative communication with the domestic violence victim, such as delivery of written correspondence to a different address or communication by alternative means (including an alternative e-mail address, mailing address, or legal representative formally authorized by the victim).

In the event that the proposed regulation takes effect, insurers will have to develop training, written protocols, and scripts for their employees to follow. Topics will include nondisclosure and the authorized disclosure of information protected under the regulation.

In consideration of such regulatory developments, the ISO ClaimSearch® system has a void process for a data owner to remove a claim from the database. In a situation where a member with an involved party protected under New York’s Confidentiality Protocols for Victims of Domestic Violence submitted a record to ISO ClaimSearch, the member can submit a claim void request via e-mail to info.claimsearch@iso.com.

For more information, please contact ISO ClaimSearch Compliance at claimsearchcompliance@iso.com.


Kate O'Kelly

Katherine O’Kelly is the ClaimSearch compliance manager. She is responsible for compliance and state regulatory matters involving ISO ClaimSearch, the property/casualty insurance industry’s “all claims” database. Katherine has five years of claims experience in the property/casualty industry, with a specialization in workers' compensation.