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-.11 - LIMITS ON DISCLOSURE OF NONPUBLIC PERSONAL INFORMATION TO NONAFFILIATED THIRD PARTIES
Universal Citation: TN Comp Rules and Regs 0780-01-72-.11
Current through September 24, 2024
(1)
(a) Conditions for disclosure. Except as
otherwise authorized in these regulations, a licensee may not, directly or
through any affiliate, disclose any nonpublic personal information about a
consumer to a nonaffiliated third party unless:
1. The licensee has provided to the consumer
an initial notice as required under Section 0780-1-72-.05;
2. The licensee has provided to the consumer
an opt out notice as required in Section 0780 - 1-72-.08;
3. 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
4. The consumer does not opt out.
(b) Opt out definition. Opt out
means a direction by the consumer that the licensee not disclose nonpublic
personal information about that consumer to a nonaffiliated third party, other
than as permitted by Sections 0780-1-72-.14, 0780-1-72-.15 and
0780-1-72-.16.
(c) Examples of
reasonable opportunity to opt out. A licensee provides a consumer with a
reasonable opportunity to opt out if:
1. By
mail. The licensee mails the notices required in Paragraph (a) 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
thirty (30) days from the date the licensee mailed the notices.
2. By electronic means. A customer opens an
on-line account with a licensee and agrees to receive the notices required in
Paragraph (a) of this subsection 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.
3. 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 (a) 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.
(2) Application of opt out to all consumers and all nonpublic personal 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
nonpublic personal 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.
(3) Partial opt out. A licensee may allow a consumer to select certain nonpublic personal information or certain nonaffiliated third parties with respect to which the consumer wishes to opt out.
Authority: Public Acts of 2001; Chapter 107; §1.
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