Current through Reg. 50, No. 187; September 24, 2024
(1)
(a) Conditions for disclosure. Except as
otherwise authorized in these rules, a licensee may not, directly or through
any affiliate, disclose any nonpublic personal financial information about a
consumer to a nonaffiliated third party unless:
1. The licensee has provided to the consumer
an initial notice as required under rule
69J-128.005, F.A.C.;
2. The licensee has provided to the consumer
an opt out notice as required in rule
69J-128.008, F.A.C.;
3. The licensee has given the consumer a
reasonable opportunity, before it discloses the information to the
nonaffiliated third party, to opt out of the disclosure; and
4. The consumer does not opt out.
An agent may not disclose a consumer's nonpublic personal
financial information to appointing insurers to shop for insurance products or
services other than those initially requested by the consumer unless such
disclosure meets the requirements of subparagraphs
69J-128.011(1)(a)
1.-4., F.A.C., or the conditions set forth in subsection
69J-128.015(1),
F.A.C.
(b) Opt out
definition. Opt out means a direction by the consumer that the licensee not
disclose nonpublic personal financial information about that consumer to a
nonaffiliated third party, other than as permitted by rules
69J-128.014,
69J-128.015, and
69J-128.016, F.A.C.
(c) Examples of reasonable opportunity to opt
out. A licensee provides a consumer with a reasonable opportunity to opt out
if:
1. By mail. The licensee mails the notices
required in paragraph (a) of this subsection, to the consumer at the consumer's
last known address and allows the consumer a time period of at least 30 days
from the date the licensee mailed the notices to opt out by mailing a form,
calling a toll-free telephone number, or any other reasonable means.
2. By electronic means. A customer opens an
on-line account with a licensee and agrees to receive the notices required in
paragraph (a) of this subsection electronically, and the licensee allows the
customer to opt out by any reasonable means within 30 days after the date that
the customer acknowledges receipt of the notices in conjunction with opening
the account.
3. Isolated
transaction with consumer. For an isolated transaction such as providing the
consumer with an insurance quote, a licensee provides the consumer with a
reasonable opportunity to opt out if the licensee provides the notices required
in paragraph (a) of this subsection, at the time of the transaction and
requests that the consumer decide, as a necessary part of the transaction,
whether to opt out before completing the
transaction.
(2) Application of opt out to all consumers
and all nonpublic personal financial information.
(a) A licensee shall comply with this rule,
regardless of whether the licensee and the consumer have established a customer
relationship.
(b) Unless a licensee
complies with this rule, the licensee may not, directly or through any
affiliate, disclose any nonpublic personal financial information about a
consumer that the licensee has collected, regardless of whether the licensee
collected it before or after receiving the direction to opt out from the
consumer.
(3) Partial opt
out. A licensee may allow a consumer to select certain nonpublic personal
financial information or certain nonaffiliated third parties with respect to
which the consumer wishes to opt out.
Rulemaking Authority
624.308,
626.9651 FS. Law Implemented
624.307(1),
626.9651
FS.
New 12-16-01, Formerly 4-128.011,
69B-128.011.
