West Virginia Code of State Rules
Agency 114 - Insurance Commission
Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER
Series 114-57 - Privacy Of Consumer Financial And Health Information
Section 114-57-14 - Other Exceptions to Notice and Opt-Out Requirements for Disclosure of Nonpublic Personal Financial Information
Universal Citation: 114 WV Code of State Rules 114-57-14
Current through Register Vol. XLI, No. 38, September 20, 2024
14.1. The requirements for initial notice to consumers in subdivision b of subsection 3.1, opting out in sections 6 and 9, and service providers and joint marketing in section 12 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; or
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, Subchapter II (Records and Reports
on Monetary Instruments and Transactions) and 12 U.S.C. Chapter 21 (Financial Record
keeping), 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.); or
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; or
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 or a group welfare
plan.
14.2. A consumer may revoke consent by subsequently exercising the right to opt out of future disclosures of nonpublic personal information as permitted under subsection 6.10.
Disclaimer: These regulations may not be the most recent version. West Virginia 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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