Current through Register Vol. 49, No. 6, March 15, 2024
(1) Definitions. As
used in this rule, unless the context requires otherwise:
(A) "Affiliate" means any company that
controls, is controlled by, or is under common control with another
company.
(B) "Clear and
conspicuous" means that a notice is reasonably understandable and designed to
call attention to the nature and significance of the information in the notice.
For example:
1. A licensee makes its notice
reasonably understandable if it-
A. Presents
the information in the notice in clear, concise sentences, paragraphs, and
sections;
B. Uses short explanatory
sentences or bullet lists whenever possible;
C. Uses definite, concrete, everyday words
and active voice whenever possible;
D. Avoids multiple negatives;
E. Avoids legal and highly technical business
terminology whenever possible; and
F. Avoids explanations that are imprecise and
readily subject to different interpretations;
2. A licensee designs its notice to call
attention to the nature and significance of the information in it if the
licensee-
A. Uses a plain-language heading to
call attention to the notice;
B.
Uses a typeface and type size that are easy to read;
C. Provides wide margins and ample line
spacing;
D. Uses boldface or
italics for key words; and
E. In a
form that combines the licensee's notice with other information, uses
distinctive type size, style, and graphic devices, such as shading or
sidebars;
3. If a
licensee provides a notice on a web page, the licensee designs its notice to
call attention to the nature and significance of the information in it if the
licensee uses text or visual cues to encourage scrolling down the page, if
necessary, to view the entire notice and ensure that other elements on the web
site (such as text, graphics, hyperlinks, or sound) do not distract attention
from the notice, and the licensee either-
A.
Places the notice on a screen that consumers frequently access, such as a page
on which transactions are conducted; or
B. Places a link on a screen that consumers
frequently access, such as a page on which transactions are conducted, that
connects directly to the notice and is labeled appropriately to convey the
importance, nature, and relevance of the notice;
(C) "Collect" means to obtain
information that the licensee organizes or can retrieve by the name of an
individual or by identifying number, symbol, or other identifying particular
assigned to the individual, irrespective of the source of the underlying
information;
(D) "Director" means
the director of the Department of Commerce and Insurance;
(E) "Company" means a corporation, limited
liability company, business trust, general or limited partnership, association,
sole proprietorship, or similar organization;
(F) "Consumer" means an individual who seeks
to obtain, obtains, or has obtained an insurance product or service from a
licensee that is to be used primarily for personal, family, or household
purposes, and about whom the licensee has nonpublic personal information, or
that individual's legal representative. For example:
1. An individual who provides nonpublic
personal information to a licensee in connection with obtaining, or seeking to
obtain, financial, investment, or economic advisory services relating to an
insurance product or service is a consumer regardless of whether the licensee
establishes an ongoing advisory relationship;
2. An applicant for insurance prior to the
inception of insurance coverage is a licensee's consumer;
3. An individual who is a consumer of another
financial institution is not a licensee's consumer solely because the licensee
is acting as agent for, or provides processing or other services to, that
financial institution;
4. An
individual is a licensee's consumer if:
A. The
individual is:
(I) A beneficiary of a life
insurance policy underwritten by the licensee;
(II) A claimant under an insurance policy or
certificate issued by the licensee;
(III) An insured or an annuitant under an
insurance policy or an annuity, respectively, issued by the licensee;
(IV) A mortgagor of a mortgage
covered under a mortgage insurance policy; and
B. The licensee discloses nonpublic personal financial
information about the individual to a nonaffiliated third party other than as
permitted under subsections (4)(A), (4)(B), and (4)(C) of this
rule;
5. Provided that the
licensee provides the initial, annual, and revised notices under subsections
(2)(A), (2)(B), and (2)(E) of this rule to the plan sponsor, group, or blanket
insurance policyholder, or group annuity contractholder, and further provided
that the licensee does not disclose to a nonaffiliated third party nonpublic
personal financial information about such an individual other than as permitted
under subsections (4)(A), (4)(B), and (4)(C) of this rule, an individual is not
the consumer of the licensee solely because he or she is:
A. A participant or a beneficiary of an
employee benefit plan that the licensee administers, or sponsors, or for which
the licensee acts as a trustee, insurer, or fiduciary;
B. Covered under a group or blanket insurance
policy or group annuity contract issued by the licensee;
6. The individuals described in subparagraphs
(1)(F)5.A. and (1)(F)5.B. are consumers of a licensee if the licensee does not
meet all the conditions of paragraph (1)(F)5. In no event shall the
individuals, solely by virtue of the status described in subparagraphs
(1)(F)5.A. and (1)(F)5.B. of this subsection, be deemed to be customers for
purposes of this rule;
7. An
individual is not a licensee's consumer solely because he or she is a
beneficiary of a trust for which the licensee is a trustee;
8. An individual is not a licensee's consumer
solely because he or she has designated the licensee as trustee for a trust;
(G) "Consumer reporting
agency" has the same meaning as in section 603(f) of the federal Fair Credit
Reporting Act (
15 U.S.C.
1681a(f) );
(H) "Control" means:
1. Ownership, control, or power to vote
twenty-five percent (25%) or more of the outstanding shares of any class of
voting security of the company, directly or indirectly, or acting through one
(1) or more other persons;
2.
Control in any manner over the election of a majority of the directors,
trustees, or general partners (or individuals exercising similar functions) of
the company; or
3. The power to
exercise, directly or indirectly, a controlling influence over the management
or policies of the company, as he director determines;
(I) "Customer" means a consumer who as a
customer relationship with a licensee;
(J) "Customer relationship" means a
continuing relationship between a consumer and licensee under which the
licensee provides one or more insurance products or services to he consumer
that are to be used primarily for personal, family, or household purposes.
1. A consumer has a continuing relationship
with a licensee if-
A. The consumer is a
current policy-older of an insurance product issued by or through the licensee;
or
B. The consumer obtains
financial, investment, or economic advisory services elating to an insurance
product or service from the licensee for a fee.
2. A consumer does not have a continuing
relationship with a licensee if-
A. The
consumer applies for insurance but does not purchase the insurance;
B. The licensee sells the consumer airline
travel insurance in an isolated transaction;
C. The individual is no longer a current
policyholder of an insurance product or no longer obtains insurance services
with or through the licensee;
D.
The consumer is a beneficiary or claimant under a policy and has submitted a
claim under a policy choosing a settlement option involving an ongoing
relationship with he licensee;
E.
The consumer is a beneficiary or a claimant under a policy and has submitted a
claim under a policy choosing a lump sum settlement option;
F. The customer's policy is lapsed, expired,
or otherwise inactive or dormant under the licensee's business practices, and
he licensee has not communicated with the customer about the relationship for a
period of twelve (12) consecutive months, other than annual privacy notices,
material required by law or rule, communication at the direction of a state or
federal authority, or promotional materials;
G. The individual is an insured or an
annuitant under an insurance policy or annuity, respectively, but is not the
policyholder or owner of the insurance policy or annuity; or
H. For the purposes of this rule, the
individual's last known address according to he 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 he
individual have been unsuccessful;
(K) "Financial institution" means any
institution the business of which is engaging in activities that are financial
in nature or incidental to such financial activities as described in section
4(k) of the Bank Holding Company Act of 1956 (
12 U.S.C.
1843(k) ).
1. Financial institution does not include:
A. Any person or entity with respect to any
financial activity that is subject to the jurisdiction of the Commodity Futures
Trading Commission under the Commodity Exchange Act (
7
U.S.C. 1
et seq.);
B. The Federal Agricultural Mortgage
Corporation or any entity charged and operating under the Farm Credit Act of
1971 (
12 U.S.C.
2001
et seq.); or
C. Institutions chartered by Congress
specifically to engage in securitizations, secondary market sales (including
sales of servicing rights) or similar transactions related to a transaction of
a consumer, as long as the institutions do not sell or transfer nonpublic
personal information to a nonaffiliated third party;
(L) "Financial product or service"
means any product or service that a financial holding company could offer by
engaging in an activity that is financial in nature or incidental to such a
financial activity under section 4(k) of the Bank Holding Company Act of 1956 (
12 U.S.C.
1843(k) ). Financial service
includes a financial institution's evaluation or brokerage of information that
the financial institution collects in connection with a request or an
application from a consumer for a financial product or service;
(M) "Insurance product or service" means any
product or service that is offered by a licensee pursuant to the insurance laws
of this state, including a licensee's evaluation, brokerage, or distribution of
information that the licensee collects in connection with a request or an
application from a consumer for an insurance product or service;
(N) "Licensee" means all licensed insurers,
producers, and other persons licensed, authorized, or registered, or required
to be licensed, authorized, or registered by the director pursuant to the laws
of this state.
1. A licensee is not subject
to the notice and opt out requirements for nonpublic personal financial
information set forth in sections (1), (2), (3), and (4) of this rule if the
licensee is an employee, agent, or other representative of another licensee
("the principal") and:
A. The principal
otherwise complies with, and provides notices pursuant to the provisions of
this rule; and
B. The licensee
does not disclose any nonpublic personal information to any other person other
than the principal or its affiliates in a manner permitted by this rule, other
than as permitted by subparagraph (4)(B)1.E.
2. Nonadmitted insurers.
A. Subject to subparagraph (1)(N)1.B.,
"licensee" also includes a nonadmitted insurer that accepts business placed
through a licensed surplus lines broker in this state, but only in regard to
the surplus lines placements placed pursuant to Chapter 384, RSMo.
B. A surplus lines broker or surplus lines
insurer is deemed to be in compliance with the notice and opt out requirements
for nonpublic personal financial information set forth in sections (1), (2),
(3), and (4) of this rule provided-
(I) The
broker or insurer does not disclose nonpublic personal information of a
consumer or a customer to nonaffiliated third parties for any purpose,
including joint servicing or marketing under subsection (4)(A) of this rule,
except as permitted by subsection (4)(B) or (4)(C) of this rule; and
(II) The broker or insurer delivers a notice
to the consumer at the time a customer relationship is established on which the
following is printed in sixteen- (16-) point type:
PRIVACY NOTICE
NEITHER THE U.S. BROKERS THAT HANDLED THIS INSURANCE NOR THE
INSURERS THAT HAVE UNDERWRITTEN THIS INSURANCE WILL DISCLOSE NONPUBLIC PERSONAL
INFORMATION CONCERNING THE BUYER TO NONAFFILIATES OF THE BROKERS OR INSURERS
EXCEPT AS PERMITTED BY LAW;
(O) "Nonaffiliated third party." Any person
except a licensee's affiliate or a person employed jointly by a licensee and
any company that is not the licensee's affiliate (but nonaffiliated third party
includes the other company that jointly employs the person). Any company that
is an affiliate solely by virtue of the direct or indirect ownership or control
of the company by the licensee or its affiliate in conducting merchant banking
or investment banking activities of the type described in section 4(k)(4)(H) or
insurance company investment activities of the type described in section
4(k)(4)(I) of the federal Bank Holding Company Act (
12 U.S.C.
1843(k)(4)(H) and (I) ) is a
nonaffiliated third party;
(P)
"Nonpublic personal information" means nonpublic personal financial
information;
(Q) "Nonpublic
personal financial information."
1.
"Nonpublic personal financial information" means personally identifiable
financial information; and any list, description, or other grouping of
consumers (and publicly available information pertaining to them) that is
derived using any personal identifiable financial information that is not
publicly available.
2. Nonpublic
personal financial information does not include-
A. Publicly available information, except as
included on a list described in sub-paragraph (1)(Q)1.B.; or
B. Any list, description, or other grouping
of consumers (and publicly available information pertaining to them) that is
derived without using any personally identifiable financial information that is
not publicly available.
(I) Nonpublic
personal financial information includes any list of individuals' names and
street addresses that is derived in whole or in part using personal
identifiable financial information that is not publicly available, such as
account numbers.
(II) Nonpublic
personal financial information does not include any list of individuals' names
and addresses that contains only publicly available information, is not derived
in whole or in part using personal identifiable financial information that is
not publicly available, and is not disclosed in a manner that indicates that
any of the individuals on the list is a consumer of a financial
institution;
(R) "Personal identifiable financial
information" means any information-
1. A
consumer provides to a licensee to obtain an insurance product or service from
the licensee;
2. About a consumer
resulting from a transaction involving an insurance product or service between
a licensee and a consumer; or
3.
The licensee otherwise obtains about a consumer in connection with providing an
insurance product or service to that consumer;
4. Personal identifiable financial
information includes-
A. Information a
consumer provides to a licensee on an application to obtain an insurance
product or service;
B. Account
balance information and payment history;
C. The fact that an individual is or has been
one of the licensee's customers or has obtained an insurance product or service
from the licensee;
D. Any
information about the licensee's consumer if it is disclosed in a manner that
indicates that the individual is or has been the licensee's consumer;
E. Any information that a consumer provides
to a licensee or that the licensee or its agent otherwise obtains in connection
with collecting on a loan or servicing a loan;
F. Any information the licensee collects
through an Internet cookie (an information-collecting device from a web
server); and
G. Information from a
consumer report.
5.
Personally identifiable financial information does not include-
A. A list of names and addresses of customers
of an entity that is not a financial institution; and
B. Information that does not identify a
consumer, such as aggregate information or blind data that does not contain
personal identifiers such as account numbers, names, or addresses;
(S) "Publicly available
information" means any information that a licensee has a reasonable basis to
believe is lawfully made available to the general public from federal, state,
or local government records; widely distributed media; or disclosures to the
general public made pursuant to federal, state, or local law.
1. A licensee has a reasonable basis to
believe that information is lawfully made available to the general public if
the licensee has taken steps to determine-
A.
That the information is of the type that is available to the general public;
and
B. Whether an individual can
direct that the information not be made available to the general public and, if
so, that the licensee's consumer has not done so.
2. Examples.
A. Publicly available information in
government records includes information in government real estate records and
security interest filings.
B.
Publicly available information from widely distributed media includes
information from a telephone book, a television or radio program, a newspaper,
or a web site that is available to the general public on an unrestricted basis.
A web site is not restricted merely because an Internet service provider or a
site operator requires a fee or a password, so long as access is available to
the general public.
C. Reasonable
basis.
(I) A licensee has a reasonable basis
to believe that mortgage information is lawfully made available to the general
public if the licensee has determined that the information is of the type
included on the public record in the jurisdiction where the mortgage would be
recorded.
(II) A licensee has a
reasonable basis to believe that an individual's telephone number is lawfully
made available to the general public if the licensee has located the telephone
number in the telephone book or the consumer has informed you that the
telephone number is not unlisted;
(T) "Third-party claimant" has the same
meaning as in subsection
20 CSR
100-1.010(1)(H).
(2) Privacy and Opt Out Notices For Financial
Information.
(A) Initial Privacy Notice to
Consumers.
1. A licensee shall provide a clear
and conspicuous notice that accurately reflects its privacy policies and
practices to-
A. An individual who becomes
the licensee's customer, not later than when the licensee establishes a
customer relationship, except as provided in paragraph (2)(A)5.; and
B. A consumer, before the licensee discloses
any nonpublic personal financial information about the consumer to any
non-affiliated third party, if the licensee makes a disclosure other than as
authorized by subsections (4)(B) and (4)(C).
2. A licensee is not required to provide an
initial notice to a consumer under sub-paragraph (2)(A)1.B. if:
A. The licensee does not disclose any
nonpublic personal financial information about the consumer to any
nonaffiliated third party, other than as authorized by subsections (4)(B) and
(4)(C), and the licensee does not have a customer relationship with the
consumer; or
B. A notice has been
provided by an affiliated licensee, as long as the notice clearly identifies
all licensees to whom the notice applies and is accurate with respect to the
licensee and the other institutions.
3. When the licensee establishes a customer
relationship.
A. A licensee establishes a
customer relationship at the time the licensee and the consumer enter into a
continuing relationship.
B. A
licensee establishes a customer relationship when the consumer-
(I) Becomes a policyholder of a licensee that
is an insurer when the insurer delivers an insurance policy or contract to the
consumer, or in the case of a licensee that is an insurance producer or
insurance broker, obtains insurance through that licensee; or
(II) Agrees to obtain financial, economic, or
investment advisory services relating to insurance products or services for a
fee from the licensee.
4. When an existing customer obtains a new
insurance product or service from a licensee that is to be used primarily for
personal, family, or household purposes, the licensee satisfies the initial
notice requirements of paragraph (2)(A)1. as follows:
A. The licensee may provide a revised policy
notice, under subsection (2)(E), that overs the customer's new insurance
product or service; or
B. If the
initial, revised, or annual notice that the licensee most recently provided to
that customer was accurate with respect of the new insurance product or
service, the licensee does not need to provide a new privacy notice under
paragraph (2)(A)1.
5.
Exceptions to allow subsequent delivery of notice.
A. A licensee may provide the initial notice
pursuant to paragraph (2)(A)1. of this section within a reasonable time after
the licensee establishes a customer relationship if-
(I) Establishing the customer relationship is
not at the customer's election; or
(II) Providing notice not later than when the
licensee establishes a customer relationship would substantially delay the
customer's transaction and the customer agrees to receive the notice at a later
time.
B. Examples of
exceptions.
(I) Establishing a customer
relationship is not at the customer's election if a licensee acquires or is
assigned a customer's policy from another financial institution or residual
market mechanism and the customer does not have a choice about the licensee's
acquisition or assignment.
(II)
Providing notice not later than when a licensee establishes a customer
relationship would substantially delay the customer's transaction when the
licensee and the individual agree over the telephone to enter into a customer
relationship involving prompt delivery of the insurance product or
service.
(III) Providing notice not
later than when a licensee establishes a customer relationship would not
substantially delay the customer's transaction when the relationship is
initiated in person at the licensee's office or through other means by which
the customer may view the notice, such as on a web site.
6. When a licensee is required to
deliver an initial privacy notice by this section, the licensee shall deliver
it according to subsection (2)(F). If the licensee uses a short-form initial
notice for non-customers according to paragraph (2)(C)4., the licensee may
deliver its privacy notice according to subparagraph 2)(C)4.C.
(B) Annual Privacy Notice to
Customers.
1. 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 twelve
(12) consecutive months during which that relationship exists. A licensee may
define the twelve- (12-) consecutive-month period, but the licensee shall apply
it to the customer on a consistent basis.
2. A licensee provides a notice annually if
it defines the twelve- (12-) 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 will
provide an annual notice to that customer by December 31 of year 2.
3. A licensee that provides nonpublic
personal information to nonaffiliated third parties only in accordance with
subsections (4)(A), (4)(B), or (4)(C) and has not changed its policies and
practices with regard to disclosing nonpublic personal information from the
policies and practices that were disclosed in the most recent disclosure sent
to consumers in accordance with this subsection or subsection (2)(A) is not
required to provide an annual disclosure under this section until such time as
the licensee fails to comply with any criteria described in this
paragraph.
4. 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.
A. Examples.
(I) 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.
(II)
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 twelve (12) consecutive
months, other than to provide annual privacy notices, material provided
pursuant to law or rule, or promotional materials.
(III) 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.
(IV) 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.
4.
When a licensee is required by this section to deliver an annual privacy
notice, the licensee shall deliver it according to subsection (2)(F).
(C) Information to Be Included in
Privacy Notices.
1. The initial, annual, and
revised privacy notices that a licensee provides under subsections (2)(A),
(2)(B), and (2)(E) shall include each of the following items of information, in
addition to any other information the licensee wishes to provide, that applies
to the licensee and to the consumers to whom the licensee sends its privacy
notice:
A. The categories of nonpublic
personal financial information that the licensee collects;
B. The categories of nonpublic personal
financial information that the licensee discloses;
C. The categories of affiliates and
nonaffiliated third parties to whom the licensee discloses nonpublic personal
financial information, other than those parties to whom the licensee discloses
information under subsections (4)(B) and (4)(C);
D. The categories of nonpublic personal
financial information about the licensee's former customers that the licensee
discloses and the categories of affiliates and nonaffiliated third parties to
whom the licensee discloses nonpublic personal financial information about the
licensee's former customers, other than those parties to whom the licensee
discloses information under subsections (4)(B) and (4)(C);
E. If a licensee discloses nonpublic personal
financial information to a nonaffiliated third party under subsection (4)(A)
(and no other exception in subsections (4)(B) and (4)(C) applies to that
disclosure), a separate description of the categories of information the
licensee discloses and the categories of third parties with whom the licensee
has contracted;
F. An explanation
of the consumer's right under paragraph (3)(A)1. to opt out of the disclosure
of nonpublic personal financial information to nonaffiliated third parties,
including the methods by which the consumer may exercise that right at that
time;
G. Any disclosures that the
licensee makes under section 603(d)(2)(A)(iii) of the federal Fair Credit
Reporting Act (
15 U.S.C.
1681a(d)(2)(A)(iii) ) (that
is, notices regarding the ability to opt out of disclosures of information
among affiliates);
H. The
licensee's policies and practices with respect to protecting the
confidentiality and security of nonpublic personal information; and
I. Any disclosure that the licensee makes
under paragraph (2)(C)2.
2. If a licensee discloses nonpublic personal
financial information as authorized under subsections (4)(B) and (4)(C), the
licensee is not required to list those exceptions in the initial or annual
privacy notices provided pursuant to subsections (2)(A) and (2)(B). When
describing the categories of parties to whom disclosure is made, the licensee
is required to state only that it makes disclosures to other affiliated or
nonaffiliated third parties, as applicable, as permitted by law.
3. Examples.
A. A licensee satisfies the requirement to
categorize the nonpublic personal financial information it collects if the
licensee categorizes it according to the source of the information, as
applicable:
(I) Information from the
consumer;
(II) Information about
the consumer's transactions with the licensee or its affiliates;
(III) Information about the consumer's
transactions with nonaffiliated third parties; and
(IV) Information from a consumer reporting
agency.
B. Categories of
nonpublic personal financial information a licensee discloses.
(I) A licensee satisfies the requirement to
categorize nonpublic personal financial information it discloses if the
licensee categorizes the information according to source, as described in
subparagraph (2)(C)3.A., as applicable, and provides a few examples to
illustrate the types of information in each category. These might include-
(a) Information from the consumer, including
application information, such as assets and income and identifying information,
such as name, address, and social security number;
(b) Transaction information, such as
information about balances, payment history, and parties to the transaction;
and
(c) Information from consumer
reports, such as a consumer's creditworthiness, and credit history.
(II) A licensee does not
adequately categorize the information that it discloses if the licensee uses
only general terms, such as transaction information about the consumer.
(a) If a licensee reserves the right to
disclose all of the nonpublic personal financial information about consumers
that it collects, the licensee may simply state that fact without describing
the categories or examples of nonpublic personal information that the licensee
discloses.
C.
Categories of affiliates and nonaffiliated third parties to whom the licensee
discloses.
(I) A licensee satisfies the
requirement to categorize the affiliates and nonaffiliated third parties to
which the licensee discloses nonpublic personal financial information about
consumers if the licensee identifies the types of businesses in which they
engage.
(II) Types of businesses
may be described by general terms only if the licensee uses a few illustrative
examples of significant lines of business. For example, a licensee may use the
term financial products or services if it includes appropriate examples of
significant lines of businesses, such as life insurer, automobile insurer,
consumer banking, or securities brokerage.
(III) A licensee also may categorize the
affiliates and nonaffiliated third parties to which it discloses nonpublic
personal financial information about consumers using more detailed
categories.
D.
Disclosures under exception for service providers and joint marketers. If a
licensee discloses nonpublic personal financial information under the exception
in subsection (4)(A) to a nonaffiliated third party to market products or
services that it offers alone or jointly with another financial institution,
the licensee satisfies the disclosure requirement of subparagraph (2)(C)1.E. if
it:
(I) Lists the categories of nonpublic
personal financial information it discloses, using the same categories and
examples the licensee used to meet the requirements of subparagraph (2)(C)1.B.,
as applicable; and
(II) States
whether the third party is:
(a) A service
provider that performs marketing services on the licensee's behalf or on behalf
of the licensee and another financial institution; or
(b) A financial institution with whom the
licensee has a joint marketing agreement.
E. If a licensee does not disclose, and does
not wish to reserve the right to disclose, nonpublic personal financial
information about customers or former customers to affiliates or nonaffiliated
third parties except as authorized under subsections (4)(B) and (4)(C), the
licensee may simply state that fact, in addition to the information it provides
under subparagraphs (2)(C)1.A., (2)(C)1.H., (2)(C)1.I., and paragraph (2)(C)2.
F. A licensee describes its
policies and practices with respect to protecting the confidentiality and
security of nonpublic personal financial information if it describes in general
terms who is authorized to have access to the information; and states whether
the licensee has security practices and procedures in place to ensure the
confidentiality of the information in accordance with the licensee's policy.
The licensee is not required to describe technical information about the
safeguards it uses.
4.
Short-form initial notice with opt out notice for non-customers.
A. A licensee may satisfy the initial notice
requirements in subparagraph (2)(A)1.B. and paragraph (2)(D)4. for a consumer
who is not a customer by providing a short-form initial notice at the same time
as the licensee delivers an opt out notice pursuant to subsection
(2)(D).
B. A short-form initial
notice shall-
(I) Be clear and
conspicuous;
(II) State that the
licensee's privacy notice is available upon request; and
(III) Explain a reasonable means by which the
consumer may obtain that notice.
C. The licensee shall deliver its short-form
initial notice according to subsection (2)(F). The licensee is not required to
deliver its privacy notice with its short-form initial notice. The licensee
instead may simply provide the consumer a reasonable means to obtain its
privacy notice. If a consumer who receives the licensee's short-form notice
requests the licensee's privacy notice, the licensee shall deliver its privacy
notice according to subsection (2)(F).
D. The licensee provides a reasonable means
by which a consumer may obtain a copy of its privacy notice if the licensee-
(I) Provides a toll-free telephone number
that the consumer may call to request the notice; or
(II) For a consumer who conducts business in
person at the licensee's office, maintains copies of the notice on hand that
the licensee provides to the consumer immediately upon request.
5. The licensee's
notice may include-
A. Categories of nonpublic
personal financial information that the licensee reserves the right to disclose
in the future, but does not currently disclose; and
B. Categories of affiliates or nonaffiliated
third parties to whom the licensee reserves the right in the future to
disclose, but to whom the licensee does not currently disclose, nonpublic
personal financial information.
6. Sample clauses illustrating some of the
notice content described in this section are available on the department's
website at
www.insurance.mo.gov.
(D) Form of Opt Out Notice to
Consumers and Opt Out Methods.
1. Form of opt
out notice. If a licensee is required to provide an opt out notice under
paragraph (3)(A)1., it shall provide a clear and conspicuous notice to each of
its consumers that accurately explains the right to opt out under that section,
and which states-
A. That the licensee
discloses or reserves the right to disclose nonpublic personal financial
information about its consumer to a nonaffiliated third party;
B. That the consumer has the right to opt out
of that disclosure; and
C. A
reasonable means by which the consumer may exercise the opt out
right.
2. Examples.
A. A licensee provides adequate notice that
the consumer can opt out of the disclosure of nonpublic personal financial
information to a nonaffiliated third party if the licensee-
(I) Identifies all of the categories of
nonpublic personal financial information that it discloses or reserves the
right to disclose, and all of the categories of nonaffiliated third parties to
which the licensee discloses the information, as described in subparagraphs
(2)(C)1.B. and (2)(C)1.C., and states that the consumer can opt out of the
disclosure of that information; and
(II) Identifies the insurance products or
services that the consumer obtains from the licensee, either singly or jointly,
to which the opt out direction would apply.
B. A licensee provides a reasonable means to
exercise an opt out right if it-
(I)
Designates check-off boxes in a prominent position on the relevant forms with
the opt out notice;
(II) Includes a
reply form together with the opt out notice;
(III) Provides an electronic means to opt
out, such as a form that can be sent via electronic mail or a process at the
licensee's web site, if the consumer agrees to the electronic delivery of
information; or
(IV) Provides a
toll-free telephone number that consumers may call to opt out.
C. A licensee does not provide a
reasonable means of opting out if-
(I) The
only means of opting out is for the consumer to write his or her own letter to
exercise that opt out right; or
(II) The only means of opting out as
described in any notice subsequent to the initial notice is to use a check-off
box that the licensee provided with the initial notice, but did not include
with the subsequent notice.
D. A licensee may require each consumer to
opt out through a specific means, as long as that means is reasonable for that
consumer.
3. A licensee
may provide the opt out notice together with or on the same written or
electronic form as the initial notice the licensee provides in accordance with
subsection (2)(A).
4. If a licensee
provides the opt out notice later than required for the initial notice in
accordance with subsection (2)(A), the licensee shall also include a copy of
the initial notice with the opt out notice in writing or, if the consumer
agrees, electronically.
5. Joint
relationships.
A. If two (2) or more
consumers jointly obtain an insurance product or service from a licensee, the
licensee may provide a single opt out notice, which explains how the licensee
will treat an opt out direction by a joint consumer (as explained in
subparagraph (2)(D)5.E.).
B. Any of
the joint consumers may exercise the right to opt out. The licensee may either-
(I) Treat an opt out direction by a joint
consumer as applying to all of the associated joint consumers; or
(II) Permit each joint consumer to opt out
separately.
C. If a
licensee permits each joint consumer to opt out separately, the licensee shall
permit one (1) of the joint consumers to opt out on behalf of all of the joint
consumers.
D. A licensee may not
require all joint consumers to opt out before it implements any opt out
direction.
E. Example. If John and
Mary are both named policyholders on a homeowner's insurance policy issued by a
licensee and the licensee sends policy statements to John's address, the
licensee may do any of the following, but it shall explain in its opt-out
notice which opt out policy the licensee will follow:
(I) Send a single opt out notice to John's
address, but accept an opt out direction from either John or Mary.
(II) Treat an opt out direction by either
John or Mary as applying to the entire policy. If the licensee does so and John
opts out, the licensee may not require Mary to opt out as well before
implementing John's opt out direction.
(III) Permit John and Mary to make different
opt out directions. If the licensee does so-
(a) It shall permit John and Mary to opt out
for each other;
(b) If both opt
out, the licensee shall permit both of them to notify it in a single response
(such as on a form or through a telephone call); and
(c) If John opts out and Mary does not, the
licensee may only disclose non-public personal financial information about
Mary, but not about John, and not about John and Mary jointly.
6. A
licensee shall comply with a consumer's opt out direction as soon as reasonably
practicable after the licensee receives it.
7. A consumer may exercise the right to opt
out at any time.
8. Duration of
consumer's opt out direction.
A. A consumer's
direction to opt out under this section is effective until the consumer revokes
it in writing or, if the consumer agrees electronically.
B. When a customer relationship terminates,
the customer's opt out direction continues to apply to the nonpublic personal
financial information that the licensee collected during or related to that
relationship. If the individual subsequently establishes a new customer
relationship with the licensee, the opt out direction that applied to the
former relationship does not apply to the new relationship.
9. When a licensee delivers an opt
out notice pursuant to this section, the licensee shall deliver it according to
subsection (2)(F).
(E)
Revised Privacy Notices.
1. Except as
otherwise authorized in this rule, 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 subsection (2)(A),
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
non-affiliated third party, to opt out of the disclosure; and
D. The consumer does not opt out.
2. Examples.
A. Except as otherwise permitted by
subsections (4)(A), (4)(B), and (4)(C), a licensee shall provide a revised
notice before it:
(I) Discloses a new category
of nonpublic personal financial information to any nonaffiliated third
party;
(II) Discloses nonpublic
personal financial information to a new category of nonaffiliated third party;
or
(III) 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. When a
licensee delivers a revised privacy notice pursuant to this section, the
licensee shall deliver it according to subsection (2)(F).
(F) Delivery.
1. A licensee shall provide any notices that
this rule requires so that each consumer can reasonably be expected to receive
actual notice in writing or, if the consumer agrees, electronically.
2. A licensee may reasonably expect that a
consumer will receive actual notice if the licensee-
A. Hand-delivers a printed copy of the notice
to the consumer;
B. Mails a printed
copy of the notice to the last known address of the consumer separately, or in
a policy, billing or, other written communication;
C. For a consumer who conducts transactions
electronically, posts the notice on the electronic site and requires the
consumer to acknowledge receipt of the notice as a necessary step to obtaining
a particular insurance product or service;
D. For an isolated transaction with a
consumer, such as the licensee providing an insurance quote or selling the
consumer travel insurance, posts the notice and requires the consumer to
acknowledge receipt of the notice as a necessary step to obtaining the
particular insurance product or service.
3. A licensee may not, reasonably expect that
a consumer will receive actual notice of its privacy policies and practices if
it only posts a sign in its office or generally publishes advertisements of its
privacy policies and practices; or sends the notice via electronic mail to a
consumer who does not obtain an insurance product or service from the licensee
electronically.
4. A licensee may
reasonably expect that a customer will receive actual notice of the licensee's
annual privacy notice if-
A. The customer
uses the licensee's web site to access insurance products and services
electronically and agrees to receive notices at the web site and the licensee
posts its current privacy notice continuously in a clear and conspicuous manner
on the web site; or
B. The customer
has requested that the licensee refrain from sending any information regarding
the customer relationship, and the licensee's current privacy notice remains
available to the customer upon request.
5. Oral description of notice insufficient. A
licensee may not provide any notice pursuant to this rule solely by orally
explaining the notice, either in person or over the telephone.
6. Retention or accessibility of notices for
customers.
A. For customers only, a licensee
shall provide the initial notice outlined in sub-paragraph (2)(A)1.A., the
annual notice outlined in paragraph (2)(B)1., and the revised notice outlined
in subsection (2)(E) so that the customer can retain them or obtain them later
in writing or, if the customer agrees, electronically.
B. A licensee provides a privacy notice to
the customer so that the customer can retain it or obtain it later if the
licensee-
(I) Hand-delivers a printed copy of
the notice to the customer;
(II)
Mails a printed copy of the notice to the last known address of the customer;
or
(III) Makes its current privacy
notice available on a web site (or a link to another web site) for the customer
who obtains an insurance product or service electronically and agrees to
receive the notice at the web site.
7. A licensee may provide a joint notice from
the licensee and one (1) or more of its affiliates or other financial
institutions, as identified in the notice, as long as the notice is accurate
with respect to the licensee and the other institutions. A licensee also may
provide a notice on behalf of another financial institution.
8. If two (2) or more consumers jointly
obtain an insurance product or service from a licensee, the licensee may
satisfy the initial, annual, and revised notice requirements of paragraphs
(2)(A)1., (2)(B)1., and (2)(E)1., respectively, by providing one notice to
those consumers jointly.
(3) Limits on Disclosures of Financial
Information.
(A) Limits on Disclosure of
Nonpublic Personal Financial Information to Nonaffiliated Third Parties.
1. Conditions for disclosure. Except as
otherwise authorized in this rule, 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 pursuant to subsection (2)(A);
B. The licensee has provided to the consumer
an opt out notice pursuant to subsection (2)(D);
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. 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 subsections (4)(A), (4)(B), and (4)(C).
A. A licensee provides a consumer with a
reasonable opportunity to opt out if-
(I) The
licensee mails the notices described in paragraph (3)(A)1. 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 thirty (30) days from the date the
licensee mailed the notices;
(II) A
customer opens an on-line account with a licensee and agrees to receive the
notices described in paragraph (3)(A)1. electronically, and the licensee allows
the customer to opt out by any reasonable means within thirty (30) days after
the date that the customer acknowledges receipt of the notices in conjunction
with opening the account.
(III) 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 described in paragraph (3)(A)1. 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.
3. Application of opt out to all consumers
and all nonpublic personal financial information.
A. A licensee shall comply with this section,
regardless of whether the licensee and the consumer have established a customer
relationship.
B. Unless a licensee
complies with this section, the licensee may not, directly or through any
affiliate, disclose any non-public personal financial information about
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.
4. A licensee
may allow a consumer to elect certain nonpublic personal financial information
or certain nonaffiliated third parties with respect to which the consumer
wishes to opt out.
(B)
Limits on Redisclosure and Reuse of Nonpublic Personal Financial Information.
1. Information the licensee receives under an
exception. If a licensee receives non-public personal financial information
from a nonaffiliated financial institution under an exception in subsection
(4)(B) or (4)(C) of this rule, the licensee's disclosure and use of that
information is limited as follows:
A. The
licensee may disclose the information to the affiliates of the financial
institution from which the licensee received he information;
B. The licensee may disclose the information
to its affiliates, but the licensee's affiliates may, in turn, disclose and use
the information only to the extent that the licensee may disclose and use the
information; and
C. The licensee may
disclose and use he information pursuant to an exception in subsection (4)(B)
or (4)(C) of this rule, in the ordinary course of business to carry out the
activity covered by the exception under which he licensee received the
information.
(I) Example. If a licensee
receives information from a nonaffiliated financial institution for claims
settlement purposes, the licensee may disclose the information for fraud
prevention, or in response to a property authorized subpoena. The licensee may
not disclose that information to a third party or marketing purposes or use
that information for its own marketing purposes.
2. Information a licensee receives
outside of an exception. If a licensee receives nonpublic personal financial
information from a nonaffiliated financial institution other than under an
exception in subsection (4)(B) or (4)(C) of this rule, the licensee may
disclose the information only-
A. To the
affiliates of the financial institution from which the licensee received he
information;
B. To its affiliates,
but its affiliates may, in turn, disclose the information only to he extent
that the licensee may disclose the information; and
C. To any other person, if the disclosure
would be lawful if made directly to that person by the financial institution
from which he licensee received the information. Example: If a licensee obtains
a customer list from a nonaffiliated financial institution outside of the
exceptions in subsection (4)(B) or (4)(C), the licensee may use that list for
its own purposes; and the licensee may disclose that list to another
nonaffiliated third party only if the financial institution from which the
licensee purchased the list could have lawfully disclosed the list to that
third party. That is, the licensee may disclose the list in accordance with the
privacy policy of the financial institution from which the licensee received
the list, as limited by the opt out direction of each consumer whose nonpublic
personal financial information the licensee intends to disclose, and the
licensee may disclose the list in accordance with an exception in subsections
(4)(B) or (4)(C), such as to the licensee's attorneys or accountants.
3. If a licensee discloses
nonpublic personal financial information to a nonaffiliated third party under
an exception in subsections (4)(B) or (4)(C) of this rule, the third party may
disclose and use that information only as follows:
A. The third party may disclose the
information to the licensee's affiliates;
B. The third party may disclose the
information to its affiliates, but its affiliates may, in turn, disclose and
use the information only to the extent that the third party may disclose and
use the information; and
C. The
third party may disclose and use the information pursuant to an exception in
subsection (4)(B) or (4)(C) in the ordinary course of business to carry out the
activity covered by the exception under which it received the
information.
4. If a
licensee discloses nonpublic personal financial information to a nonaffiliated
third party other than under an exception in subsection (4)(B) or (4)(C) of
this rule, the third party may disclose the information only:
A. To the licensee's affiliates;
B. To the third party's affiliates, but the
third party's affiliates, in turn, may disclose the information only to the
extent the third party can disclose the information; and C. To any other
person, if the disclosure would be lawful if the licensee made it directly to
that person.
(C) Limits on Sharing Account Number
Information for Marketing Purposes.
1. A
licensee shall not, directly or through an affiliate, disclose, other than to a
consumer reporting agency, a policy number or similar form of access number or
access code for a consumer's policy or transaction account to any nonaffiliated
third party for use in telemarketing, direct mail marketing, or other marketing
through electronic mail to the consumer.
2. Paragraph (3)(C)1. does not apply if a
licensee discloses a policy number or similar form of access number or access
code-
A. To the licensee's service provider
solely in order to perform marketing for the licensee's own products or
services, as long as the service provider is not authorized to directly
initiate charges to the account;
B.
To a licensee who is a producer solely in order to perform marketing for the
licensee's own products or services; or
C. To a participant in an affinity or similar
program where the participants in the program are identified to the customer
when the customer enters into the program.
3. Examples.
A. A policy number, or similar form of access
number or access code, does not include a number or code in an encrypted form,
as long as the licensee does not provide the recipient with a means to decode
the number or code.
B. For the
purposes of this section, a policy or transaction account is an account other
than a deposit account or a credit card account. A policy or transaction
account does not include an account to which third parties cannot initiate
charges.
(4) Exceptions to Limits on Disclosures of
Financial Information.
(A) Exception to Opt
Out Requirements for Disclosure of Nonpublic Personal Financial Information for
Service Providers and Joint Marketing.
1.
General rule.
A. The opt out requirements in
subsections (2)(D) and (3)(A) do not apply when a licensee provides nonpublic
personal financial information to a nonaffiliated third party to perform
services for the licensee or functions on the licensee's behalf, if the
licensee-
(I) Provides the initial notice in
accordance with subsection (2)(A); and
(II) Enters into a contractual agreement with
the third party that prohibits the third party from disclosing or using the
information other than to carry out the purposes for which the licensee
disclosed the information, including use under an exception in subsection
(4)(B) or (4)(C) in the ordinary course of business to carry out those
purposes.
B. If a
licensee discloses nonpublic personal financial information under this section
to a financial institution with which the licensee performs joint marketing,
the licensee's contractual agreement with that institution meets the
requirements of part (4)(A)1.A.(II) if it prohibits the institution from
disclosing or using the nonpublic personal financial information except as
necessary to carry out the joint marketing or under an exception in subsection
(4)(B) or (4)(C) in the ordinary course of business to carry out that joint
marketing.
2. The
services a nonaffiliated third party performs for a licensee under paragraph
(4)(A)1. of this section may include marketing of the licensee's own products
or services or marketing of financial products or services offered pursuant to
joint agreements between the licensee and one (1) or more financial
institutions.
3. For purposes of
this section, "joint agreement" means a written contract pursuant to which a
licensee and one (1) or more financial institutions jointly offer, endorse or,
sponsor a financial product or service.
(B) Exceptions to Notice and Opt Out
Requirements for Disclosure of Nonpublic Personal Financial Information for
Processing and Servicing Transactions.
1. The
requirements for initial notice in subparagraph (2)(A)1.B., the opt out in
subsections (2)(D) and (3)(A), and service providers and joint marketing in
subsection (4)(A) do not apply if the licensee discloses nonpublic personal
financial information as necessary to effect, administer, or enforce a
transaction that a consumer requests or authorizes, or in connection with-
A. Servicing or processing an insurance
product or service that a consumer requests or authorizes;
B. Maintaining or servicing the consumer's
account with a licensee or with another entity as part of a private label
credit card program or other extension of credit on behalf of such
entity;
C. A proposed or actual
securitization, secondary market sale (including sales of servicing rights), or
similar transaction related to a transaction of the consumer;
D. Reinsurance or stop loss or excess loss
insurance; or
E. Soliciting
insurance quotes on behalf of a consumer by an agent or a broker.
2. "Necessary to effect,
administer or enforce a transaction" means that the disclosure is-
A. Required, or is one of the lawful or
appropriate methods, to enforce the licensee's rights or the rights of other
persons engaged in carrying out the financial transaction or providing the
product or service; or
B.
Required, or is a usual, appropriate, or acceptable method:
(I) To carry out the transaction or the
product or service business of which the transaction is a part, and record,
service, or maintain the consumer's account in the ordinary course of providing
the insurance product or service;
(II) To administer or service benefits or
claims relating to the transaction or the product or service business of which
it is a part;
(III) To provide a
confirmation, statement or other record of the transaction, or information on
the status or value of the insurance product or service to the consumer or the
consumer's agent or broker;
(IV) To
accrue or recognize incentives or bonuses associated with the transaction that
are provided by a licensee or any other party;
(V) To underwrite insurance at the consumer's
request or for any of the following purposes as they relate to a consumer's
insurance: account administration, reporting, investigating or preventing fraud
or material misrepresentation, processing premium payments, processing
insurance claims, administering insurance benefits (including utilization
review activities), participating in research projects, or as otherwise
required or specifically permitted by federal or state law; or
(VI) In connection with-
(a) The authorization, settlement, billing,
processing, clearing, transferring, reconciling or collection of amounts
charged, debited, or otherwise paid using a debit, credit, or other payment
card, check or account number, or by other payment means;
(b) The transfer of receivables, accounts, or
interests therein; or
(c) The audit
of debit, credit, or other payment information.
(C) Other Exceptions to
Notice and Opt Out Requirements for Disclosure of Nonpublic Personal Financial
Information.
1. The requirements for initial
notice in subparagraph (2)(A)1.B., the opt out in subsections (2)(D) and
(3)(A), and service providers and joint marketing in subsection (4)(A) 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. To protect the
confidentiality or security of a licensee's records pertaining to the consumer,
service, product, or transaction;
C. To protect against or prevent actual or
potential fraud or unauthorized transactions;
D. For required institutional risk control or
for resolving consumer disputes or inquiries;
E. To persons holding a legal or beneficial
interest relating to the consumer;
F. To persons acting in a fiduciary or
representative capacity on behalf of the consumer;
G. 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;
H. 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, Sub-chapter II (Records and Reports on Monetary Instruments and
Transactions) and 12 U.S.C. Chapter 21 (Financial Recordkeeping), a state
insurance authority, and the Federal Trade Commission), self-regulatory
organizations or for an investigation on a matter related to public
safety;
I. To a consumer reporting
agency in accordance with the federal Fair Credit Reporting Act (
15 U.S.C.
1681
et seq.);
J. From a consumer report reported by a
consumer reporting agency;
K. 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;
L. To comply with federal,
state, or local laws, rules, and other applicable legal requirements;
M. To comply with a properly authorized
civil, criminal, or regulatory investigation, or subpoena or summons by
federal, state, or local authorities;
N. To respond to judicial process or
government regulatory authorities having jurisdiction over a licensee for
examination, compliance, or other purposes as authorized by law; or
O. For purposes related to the replacement of
a group benefit plan, a group health plan, a group welfare plan, or a workers'
compensation plan.
2. A
consumer may revoke consent by subsequently exercising the right to opt out of
future disclosures of nonpublic personal information as permitted under
paragraph (2)(D)7.
(5) Additional Provisions.
(A) Nothing in this rule may be construed to
modify, limit, or supersede the operation of the federal Fair Credit Reporting
Act (
15 U.S.C.
1681
et seq.), and no
inference may be drawn on the basis of the provisions of this rule regarding
whether information is transaction or experience information under section 603
of that Act.
(B) A licensee shall
not unfairly discriminate against any consumer or customer because that
consumer or customer has opted out from the disclosure of his or her nonpublic
personal financial information pursuant to the provisions of this rule. Nothing
in this subsection may be construed to prohibit the use of usual, appropriate,
or acceptable methods of insurance underwriting.
(C) If any section or portion of a section of
this rule or its applicability to any person or circumstance is held invalid by
a court, the remainder of the rule or the applicability of the provision to
other persons or circumstances shall not be affected.
(D) Effective Date. After the effective date
of this rule, no licensee may disclose non-public personal financial
information to non-affiliated third parties without first complying with the
provisions of section (3) of this rule, including subparagraph
(3)(A)1.A.
*Original authority: 362.422, RSMo 2001 and 374.045, RSMo
1967, amended 1993, 1995, 2008.