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-128.009 - Revised Privacy Notices

Universal Citation: FL Admin Code R 69J-128.009

Current through Reg. 50, No. 187; September 24, 2024

(1) General rule. Except as otherwise authorized in these rules, a licensee shall not, directly or through an affiliate, disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party other than as described in the initial notice that the licensee provided to that consumer under rule 69J-128.005, F.A.C., unless:

(a) The licensee has provided to the consumer a clear and conspicuous revised notice that accurately describes its policies and practices;

(b) The licensee has provided to the consumer a new opt out notice;

(c) The licensee has given the consumer a reasonable opportunity, before the licensee discloses the information to the nonaffiliated third party, to opt out of the disclosure; and

(d) The consumer does not opt out.

(2) Examples.

(a) Except as otherwise permitted by rules 69J-128.014, 69J-128.015, and 69J-128.016, F.A.C., a licensee shall provide a revised notice before it:
1. Discloses a new category of nonpublic personal financial information to any nonaffiliated third party;

2. Discloses nonpublic personal financial information to a new category of nonaffiliated third party; or

3. Discloses nonpublic personal financial information about a former customer to a nonaffiliated third party, if that former customer has not had the opportunity to exercise an opt out right regarding that disclosure.

(b) A revised notice is not required if the licensee discloses nonpublic personal financial information to a new nonaffiliated third party that the licensee adequately described in its prior notice.

(3) Delivery. When a licensee is required to deliver a revised privacy notice by this rule, the licensee shall deliver it according to rule 69J-128.010, F.A.C.

Rulemaking Authority 624.308, 626.9651 FS. Law Implemented 624.307(1), 626.9651 FS.

New 12-16-01, Formerly 4-128.009, 69B-128.009.

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