Florida Administrative Code
69 - DEPARTMENT OF FINANCIAL SERVICES
69J - Division of Consumer Services
Chapter 69J-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION
Section 69J-128.007 - Information to be Included in Privacy Notices
Universal Citation: FL Admin Code R 69J-128.007
Current through Reg. 50, No. 187; September 24, 2024
(1) General rule. The initial, annual and revised privacy notices that a licensee provides under rules 69J-128.005, 69J-128.006 and 69J-128.009, F.A.C., shall include each of the following items of information, in addition to any other information the licensee wishes to provide, that applies to the licensee and to the consumers to whom the licensee sends its privacy notice:
(a) The categories of nonpublic personal
financial information that the licensee collects;
(b) The categories of nonpublic personal
financial information that the licensee discloses;
(c) The categories of affiliates and
nonaffiliated third parties to whom the licensee discloses nonpublic personal
financial information, other than those parties to whom the licensee discloses
information under rules
69J-128.015 and
69J-128.016, F.A.C.;
(d) The categories of nonpublic personal
financial information about the licensee's former customers that the licensee
discloses and the categories of affiliates and nonaffiliated third parties to
whom the licensee discloses nonpublic personal financial information about the
licensee's former customers, other than those parties to whom the licensee
discloses information under rules
69J-128.015 and
69J-128.016, F.A.C.;
(e) If a licensee discloses nonpublic
personal financial information to a nonaffiliated third party under rule
69J-128.014, F.A.C. (and no
other exception in rules
69J-128.015 and
69J-128.016, F.A.C., applies to
that disclosure), a separate description of the categories of information the
licensee discloses and the categories of third parties with whom the licensee
has contracted;
(f) An explanation
of the consumer's right under subsection
69J-128.011(1),
F.A.C., to opt out of the disclosure of nonpublic personal financial
information to nonaffiliated third parties, including the methods by which the
consumer may exercise that right at that time;
(g) Any disclosures that the licensee makes
under Section 603(d)(2)(A)(iii) of the federal Fair Credit Reporting Act
(15 U.S.C.
1681a(d)(2)(A)(iii)) (that
is, notices regarding the ability to opt out of disclosures of information
among affiliates);
(h) The
licensee's policies and practices with respect to protecting the
confidentiality and security of nonpublic personal information; and
(i) Any disclosure that the licensee makes
under subsection (2) of this rule.
(2) Description of parties subject to exceptions. If a licensee discloses nonpublic personal financial information as authorized under rules 69J-128.015 and 69J-128.016, F.A.C., the licensee is not required to list those exceptions in the initial or annual privacy notices required by rules 69J-128.005 and 69J-128.006, F.A.C. When describing the categories of parties to whom disclosure is made, the licensee is required to state only that it makes disclosures to other affiliated or nonaffiliated third parties, as applicable, as permitted by law.
(3) Examples.
(a) Categories of nonpublic personal
financial information that the licensee collects. A licensee satisfies the
requirement to categorize the nonpublic personal financial information it
collects if the licensee categorizes it according to the source of the
information, as applicable:
1. Information
from the consumer;
2. Information
about the consumer's transactions with the licensee or its
affiliates;
3. Information about
the consumer's transactions with nonaffiliated third parties; and
4. Information from a consumer reporting
agency.
(b) Categories of
nonpublic personal financial information a licensee discloses.
1. A licensee satisfies the requirement to
categorize nonpublic personal financial information it discloses if the
licensee categorizes the information according to source, as described in
paragraph (a), above, as applicable, and provides a few examples to illustrate
the types of information in each category. These might include:
a. Information from the consumer, including
application information, such as assets and income and identifying information,
such as name, address and social security number;
b. Transaction information, such as
information about balances, payment history and parties to the transaction;
and
c. Information from consumer
reports, such as a consumer's creditworthiness and credit
history.
2. A licensee
does not adequately categorize the information that it discloses if the
licensee uses only general terms, such as transaction information about the
consumer.
3. If a licensee reserves
the right to disclose all of the nonpublic personal financial information about
consumers that it collects, the licensee may simply state that fact without
describing the categories or examples of nonpublic personal information that
the licensee discloses.
(c) Categories of affiliates and
nonaffiliated third parties to whom the licensee discloses.
1. A licensee satisfies the requirement to
categorize the affiliates and nonaffiliated third parties to which the licensee
discloses nonpublic personal financial information about consumers if the
licensee identifies the types of businesses in which they engage.
2. Types of businesses may be described by
general terms only if the licensee uses a few illustrative examples of
significant lines of business. For example, a licensee may use the term
financial products or services if it includes appropriate examples of
significant lines of businesses, such as life insurer, automobile insurer,
consumer banking or securities brokerage.
3. A licensee also may categorize the
affiliates and nonaffiliated third parties to which it discloses nonpublic
personal financial information about consumers using more detailed
categories.
(d)
Disclosures under exception for service providers and joint marketers. If a
licensee discloses nonpublic personal financial information under the exception
in rule 69J-128.014, F.A.C., to a
nonaffiliated third party to market products or services that it offers alone
or jointly with another financial institution, the licensee satisfies the
disclosure requirement of paragraph (1)(e) of this rule if it:
1. Lists the categories of nonpublic personal
financial information it discloses, using the same categories and examples the
licensee used to meet the requirements of paragraph (1)(b) of this rule, as
applicable; and
2. States whether
the third party is:
a. A service provider
that performs marketing services on the licensee's behalf or on behalf of the
licensee and another financial institution; or
b. A financial institution with whom the
licensee has a joint marketing agreement.
(e) Simplified notices. If a licensee does
not disclose, and does not wish to reserve the right to disclose, nonpublic
personal financial information about customers or former customers to
affiliates or nonaffiliated third parties except as authorized under rules
69J-128.015 and
69J-128.016, F.A.C., the
licensee may simply state that fact, in addition to the information it shall
provide under paragraphs (1)(a), (h) and (i), and subsection (2) of this
rule.
(f) Confidentiality and
security. A licensee describes its policies and practices with respect to
protecting the confidentiality and security of nonpublic personal financial
information if it does both of the following:
1. Describes in general terms who is
authorized to have access to the information; and
2. States whether the licensee has security
practices and procedures in place to ensure the confidentiality of the
information in accordance with the licensee's policy. The licensee is not
required to describe technical information about the safeguards it
uses.
(4) Short-form initial notice with opt out notice for non-customers.
(a) A licensee may satisfy the initial notice
requirements in paragraph
69J-128.005(1)(b)
and subsection 69J-128.008(3),
F.A.C., for a consumer who is not a customer by providing a short-form initial
notice at the same time as the licensee delivers an opt out notice as required
in rule 69J-128.008, F.A.C.
(b) A short-form initial notice shall:
1. Be clear and conspicuous;
2. State that the licensee's privacy notice
is available upon request; and
3.
Explain a reasonable means by which the consumer may obtain that
notice.
(c) The licensee
shall deliver its short-form initial notice according to rule
69J-128.010, F.A.C. The licensee
is not required to deliver its privacy notice with its short-form initial
notice. The licensee instead may simply provide the consumer a reasonable means
to obtain its privacy notice. If a consumer who receives the licensee's
short-form notice requests the licensee's privacy notice, the licensee shall
deliver its privacy notice according to rule
69J-128.010, F.A.C.
(d) Examples of obtaining privacy notice. The
licensee provides a reasonable means by which a consumer may obtain a copy of
its privacy notice if the licensee:
1.
Provides a toll-free telephone number that the consumer may call to request the
notice; or
2. For a consumer who
conducts business in person at the licensee's office, maintains copies of the
notice on hand that the licensee provides to the consumer immediately upon
request.
(5) Future disclosures. The licensee's notice may include:
(a) Categories of nonpublic personal
financial information that the licensee reserves the right to disclose in the
future, but does not currently disclose; and
(b) Categories of affiliates or nonaffiliated
third parties to whom the licensee reserves the right in the future to
disclose, but to whom the licensee does not currently disclose, nonpublic
personal financial information.
(6) Sample clauses. Sample clauses illustrating some of the notice content required by this rule are included in Appendix A of this rule, which is incorporated herein by reference.
Rulemaking Authority 624.308, 626.9651 FS. Law Implemented 624.307(1), 626.9651 FS.
New 12-16-01, Formerly 4-128.007, 69B-128.007.
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