Louisiana Administrative Code
Title 37 - INSURANCE Part
Part XIII - Regulations
Chapter 99 - Regulation 76-Privacy of Consumer
Subchapter C - Limits on Disclosures of Financial Information
Section XIII-9923 - Limits on Disclosure of Nonpublic Personal Financial Information to Nonaffiliated Third Parties
Universal Citation: LA Admin Code XIII-9923
Current through Register Vol. 50, No. 9, September 20, 2024
A.
1. Conditions for Disclosure. Except as
otherwise authorized in this regulation, a licensee may not, directly or
through any affiliate, disclose any nonpublic personal financial information
about a consumer to a nonaffiliated third party unless:
a. the licensee has provided to the consumer
an initial notice as required under §9911;
b. the licensee has provided to the consumer
an opt out notice as required in §9917;
c. 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
d. the consumer does not opt out.
2. Examples of Reasonable
Opportunity to Opt Out. A licensee provides a consumer with a reasonable
opportunity to opt out if:
a. by mail. The
licensee mails the notices required in Paragraph 1 of this Subsection to the
consumer and allows the consumer to opt out by mailing a form, calling a
toll-free telephone number or any other reasonable means within 30 days from
the date the licensee mailed the notices;
b. by electronic means. A customer opens an
on-line account with a licensee and agrees to receive the notices required in
Paragraph 1 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;
c. 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 1 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.
B. Application of Opt Out to All Consumers and All Nonpublic Personal Financial Information
1. A licensee shall comply with this Section,
regardless of whether the licensee and the consumer have established a customer
relationship.
2. Unless a licensee
complies with this Section, 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.
C. 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.
AUTHORITY NOTE: Promulgated in accordance with R.S. 22:2, 22:3, 22:3052, 22:3054 and Gramm-Leach-Bliley Act, Public Law 106-102 Nov. 12, 1999).
Disclaimer: These regulations may not be the most recent version. Louisiana 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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