Florida Administrative Code
69 - DEPARTMENT OF FINANCIAL SERVICES
69O - OIR - Insurance Regulation
Chapter 69O-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION
Section 69O-128.006 - Annual Privacy Notice to Customers Required
Universal Citation: FL Admin Code R 69O-128.006
Current through Reg. 50, No. 187; September 24, 2024
(1)
(a)
General rule. A licensee shall provide a clear and conspicuous notice to
customers that accurately reflects its privacy policies and practices not less
than annually during the continuation of the customer relationship. Annually
means at least once in any period of 12 consecutive months during which that
relationship exists. A licensee may define the twelve consecutive month period,
but the licensee shall apply it to the customer on a consistent
basis.
(b) Example. A licensee
provides a notice annually if it defines the twelve-consecutive-month period as
a calendar year and provides the annual notice to the customer once in each
calendar year following the calendar year in which the licensee provided the
initial notice. For example, if a customer opens an account on any day of year
1, the licensee shall provide an annual notice to that customer by December 31
of year 2.
(2)
(a) Termination of customer relationship. A
licensee is not required to provide an annual notice to a former customer. A
former customer is an individual with whom a licensee no longer has a
continuing relationship.
(b)
Examples.
1. A licensee no longer has a
continuing relationship with an individual if the individual no longer is a
current policyholder of an insurance product or no longer obtains insurance
services with or through the licensee.
2. A licensee no longer has a continuing
relationship with an individual if the individual's policy is lapsed, expired
or otherwise inactive or dormant under the licensee's business practices, and
the licensee has not communicated with the customer about the relationship for
a period of 12 consecutive months, other than to provide annual privacy
notices, material required by law or rule, or promotional materials.
3. For the purposes of this rule, a licensee
no longer has a continuing relationship with an individual if the individual's
last known address according to the licensee's records is deemed invalid. An
address of record is deemed invalid if mail sent to that address by the
licensee has been returned by the postal authorities as undeliverable and if
subsequent attempts by the licensee to obtain a current valid address for the
individual have been unsuccessful.
4. A licensee no longer has a continuing
relationship with a customer in the case of providing real estate settlement
services, at the time the customer completes execution of all documents related
to the real estate closing, payment for those services has been received, or
the licensee has completed all of its responsibilities with respect to the
settlement, including filing documents on the public record, whichever is
later.
(3) Delivery. When a licensee is required by this rule to deliver an annual privacy notice, the licensee shall deliver it according to Rule 69O-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 4-128.006.
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