Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69J - Division of Consumer Services › Chapter 69J-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69J-128.016 - Other Exceptions to Notice and Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information

Current through Reg. 50, No. 138; July 16, 2024
(1) Exceptions to opt out requirements. The
				requirements for initial notice to consumers in paragraph
				 69J-128.005(1)(b),
				F.A.C., the opt out in rules
				 69J-128.008 and
				 69J-128.011, F.A.C., and service
				providers and joint marketing in rule
				 69J-128.014, F.A.C., 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)
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 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;
(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 financial 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;
(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; or
(i) Pursuant to the provisions of chapter
				631, F.S., the Department is required to collect on reinsurance policies, pay
				claims, transfer policies to other insurers, and engage in similar activities
				with respect to insurers which are in receivership. In connection with the
				performance of its statutory obligations, the Department often must disclose
				insureds' non-public personal information to third parties. The disclosure of
				such information by the Department is considered to be required by law, and
				Department is therefore not subject to the requirements of this rule in
				connection with the disclosure of personal financial information incident to
				the performance of activities under chapter 631, F.S.