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-128.016 - Other Exceptions to Notice and Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information
Universal Citation: FL Admin Code R 69J-128.016
Current through Reg. 50, No. 187; September 24, 2024
(1) Exceptions to opt out requirements. The requirements for initial notice to consumers in paragraph 69J-128.005(1)(b), F.A.C., the opt out in rules 69J-128.008 and 69J-128.011, F.A.C., and service providers and joint marketing in rule 69J-128.014, F.A.C., do not apply when a licensee discloses nonpublic personal financial information:
(a) With the consent or at the direction of
the consumer, provided that the consumer has not revoked the consent or
direction;
(b)
1. To protect the confidentiality or security
of a licensee's records pertaining to the consumer, service, product or
transaction;
2. To protect against
or prevent actual or potential fraud or unauthorized transactions;
3. For required institutional risk control or
for resolving consumer disputes or inquiries;
4. To persons holding a legal or beneficial
interest relating to the consumer; or
5. To persons acting in a fiduciary or
representative capacity on behalf of the consumer;
(c) To provide information to insurance rate
advisory organizations, guaranty funds or agencies, agencies that are rating a
licensee, persons that are assessing the licensee's compliance with industry
standards, and the licensee's attorneys, accountants and auditors;
(d) To the extent specifically permitted or
required under other provisions of law and in accordance with the federal Right
to Financial Privacy Act of 1978 (12 U.S.C. 3401 et
seq.), to law enforcement agencies (including the Federal Reserve Board, Office
of the Comptroller of the Currency, Federal Deposit Insurance Corporation,
Office of Thrift Supervision, National Credit Union Administration, the
Securities and Exchange Commission, the Secretary of the Treasury, with respect
to 31 U.S.C. Chapter 53, Subchapter II (Records and Reports on Monetary
Instruments and Transactions) and 12 U.S.C. Chapter 21 (Financial Record
keeping), a state insurance authority, and the Federal Trade Commission),
self-regulatory organizations or for an investigation on a matter related to
public safety;
(e)
1. To a consumer reporting agency in
accordance with the federal Fair Credit Reporting Act (15 U.S.C.
1681 et seq.); or
2. From a consumer report reported by a
consumer reporting agency;
(f) In connection with a proposed or actual
sale, merger, transfer or exchange of all or a portion of a business or
operating unit if the disclosure of nonpublic personal financial information
concerns solely consumers of the business or unit;
(g)
1. To
comply with federal, state or local laws, rules and other applicable legal
requirements;
2. To comply with a
properly authorized civil, criminal or regulatory investigation, or subpoena or
summons by federal, state or local authorities; or
3. To respond to judicial process or
government regulatory authorities having jurisdiction over a licensee for
examination, compliance, or other purposes as authorized by
law;
(h) For purposes
related to the replacement of a group benefit plan, a group health plan, a
group welfare plan or a workers' compensation plan; or
(i) Pursuant to the provisions of chapter
631, F.S., the Department is required to collect on reinsurance policies, pay
claims, transfer policies to other insurers, and engage in similar activities
with respect to insurers which are in receivership. In connection with the
performance of its statutory obligations, the Department often must disclose
insureds' non-public personal information to third parties. The disclosure of
such information by the Department is considered to be required by law, and
Department is therefore not subject to the requirements of this rule in
connection with the disclosure of personal financial information incident to
the performance of activities under chapter 631, F.S.
(2) Example of revocation of consent. A consumer may revoke consent by subsequently exercising the right to opt out of future disclosures of nonpublic personal information as permitted under subsection 69J-128.008(6), F.A.C.
Rulemaking Authority 624.308, 626.9651 FS. Law Implemented 624.307(1), 626.9651 FS.
New 12-16-01, Formerly 4-128.016, 69B-128.016.
Disclaimer: These regulations may not be the most recent version. Florida may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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