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-.12 - LIMITS ON REDISCLOSURE AND REUSE OF NONPUBLIC PERSONAL INFORMATION
Universal Citation: TN Comp Rules and Regs 0780-01-72-.12
Current through September 24, 2024
(1)
(a)
Information the licensee receives under an exception. If a licensee receives
nonpublic personal information from a nonaffiliated financial institution under
an exception in Sections 0780-1-72-.15 or 0780-1-72-.16 of these regulations,
the licensee's disclosure and use of that information is limited as follows:
1. The licensee may disclose the information
to the affiliates of the financial institution from which the licensee received
the information;
2. 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
3. The licensee may disclose and use the
information pursuant to an exception in Sections 0780-1-72-.15 or 0780-1-72-.16
of these regulations, in the ordinary course of business to carry out the
activity covered by the exception under which the licensee received the
information.
(b)
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 properly authorized
subpoena. The licensee may not disclose that information to a third party for
marketing purposes or use that information for its own marketing
purposes.
(2)
(a) Information a licensee receives outside
of an exception. If a licensee receives nonpublic personal information from a
nonaffiliated financial institution other than under an exception in Sections
0780-1-72-.15 or 0780-1-72-.16 of these regulations, the licensee may disclose
the information only:
1. To the affiliates of
the financial institution from which the licensee received the
information;
2. To its affiliates,
but its affiliates may, in turn, disclose the information only to the extent
that the licensee may disclose the information; and
3. To any other person, if the disclosure
would be lawful if made directly to that person by the financial institution
from which the licensee received the information.
(b) Example. If a licensee obtains a customer
list from a nonaffiliated financial institution outside of the exceptions in
Sections 0780-1-72-.15 or 0780-1-72-.16:
1.
The licensee may use that list for its own purposes; and
2. 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 information the licensee intends to disclose, and the licensee may
disclose the list in accordance with an exception in Sections 0780-1-72-.15 or
0780-1-72-.16, such as to the licensee's attorneys or accountants.
(3) Information a licensee discloses under an exception. If a licensee discloses nonpublic personal information to a nonaffiliated third party under an exception in Sections 0780-1-72-.15 or 0780-1-72.16 of these regulations, 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
Sections 0780-1-72-.15 or 0780-1-72-.16 in the ordinary course of business to
carry out the activity covered by the exception under which it received the
information.
(4) Information a licensee discloses outside of an exception. If a licensee discloses nonpublic personal information to a nonaffiliated third party other than under an exception in Sections 0780-1-72-.15 or 0780-1-72-.16 of these regulations, 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.
Authority: Public Acts of 2001; Chapter 107; §1.
Disclaimer: These regulations may not be the most recent version. Tennessee 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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