Rules & Regulations of the State of Tennessee
Title 0780 - Commerce and Insurance
Subtitle 0780-01 - Insurance Division
Chapter 0780-01-72 - Privacy of Consumer Information Regulations
Section 0780-01-72-.09 - REVISED PRIVACY NOTICES
Universal Citation: TN Comp Rules and Regs 0780-01-72-.09
Current through September 24, 2024
(1) General rule. Except as otherwise authorized in these regulations, a licensee shall not, directly or through an affiliate, disclose any nonpublic personal 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 Section 0780-1-72-.05, 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 nonaffiliated third party, to opt out of the
disclosure; and
(d) The consumer
does not opt out.
(2) Examples.
(a) Except as otherwise permitted
by Sections 0780-1-72-.14, 0780-1-72-.15 and 0780-1-72-.16, a licensee shall
provide a revised notice before it:
1.
Discloses a new category of nonpublic personal information to any nonaffiliated
third party;
2. Discloses nonpublic
personal information to a new category of nonaffiliated third party;
or
3. Discloses nonpublic personal
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 information to a new nonaffiliated third
party that the licensee adequately described in its prior notice.
(3) Delivery. When a licensee is required to deliver a revised privacy notice by this section, the licensee shall deliver it according to Section 0780-1-72-.10.
Authority: Public Acts of 2001; Chapter 107; §1.
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