(1) Exceptions to
opt out requirements. The requirements for initial notice to consumers in
Section 0780-1-72-.05(a)(b), the opt out in Sections 0780-1-72-.08 and
0780-1-72-.11, and service providers and joint marketing in Section
0780-1-72-.14 do not apply when a licensee discloses nonpublic personal
information:
(a) With the consent or at the
direction of the consumer, provided that the consumer has not revoked the
consent or direction;
(b)
1. To protect the confidentiality or security
of a licensee's records pertaining to the consumer, service, product or
transaction;
2. To protect against
or prevent actual or potential fraud or unauthorized transactions;
3. For required institutional risk control or
for resolving consumer disputes or inquiries;
4. To persons holding a legal or beneficial
interest relating to the consumer; or
5. To persons acting in a fiduciary or
representative capacity on behalf of the consumer;
(c) 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;
(d) 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, Subchapter 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;
(e)
1. To a consumer reporting agency in
accordance with the federal Fair Credit Reporting Act ( 15 U.S.C. §§
1681, et seq.); or
2. From a
consumer report reported by a consumer reporting agency;
(f) 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 information concerns
solely consumers of the business or unit;
(g)
1. To
comply with federal, state or local laws, rules and other applicable legal
requirements;
2. To comply with a
properly authorized civil, criminal or regulatory investigation, or subpoena or
summons by federal, state or local authorities; or
3. 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
(h) 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) Example of revocation of consent. A
consumer may revoke consent by subsequently exercising the right to opt out of
future disclosures of nonpublic personal information as permitted under Section
0780-1-72-.08 (6.).
(3) Any and all
notice requirements mandated by these regulations shall not be required of
those entities placed into liquidation or rehabilitation by the commissioner
pursuant to Tennessee Code Annotated, Title 56, Chapter 9.
