Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article VII - REGULATIONS › Privacy of Consumer Financial Information › Section 38a-8-118 - Other exceptions to initial notice and opt out requirements for disclosure of nonpublic personal financial information

Current through July 10, 2024
(a) The requirements for initial notice to
				  consumers in section
				  38a-8-107
				  of the Regulations of Connecticut State Agencies, the opt out in sections
				  38a-8-110
				  and
				  38a-8-113
				  of the Regulations of Connecticut State Agencies, and requirements for service
				  providers and joint marketing in section
				  38a-8-116
				  of the Regulations of Connecticut State Agencies shall not apply when a
				  licensee discloses nonpublic personal financial information:
(1) With the consent or at the direction of
				  the consumer, provided that the consumer has not revoked the consent or
				  direction;
(2) To protect the
				  confidentiality or security of a licensee's records pertaining to the consumer,
				  service, product, or transaction;
(3) To protect against or prevent actual or
				  potential fraud or unauthorized transactions;
(4) For institutional risk control required
				  by applicable law or for resolving consumer disputes or inquiries;
(5) To persons holding a legal or beneficial
				  interest relating to the consumer;
(6) To persons acting in a fiduciary or
				  representative capacity on behalf of the consumer;
(7) 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, the licensee's attorneys, accountants, or auditors;
(8) 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
				  USC 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 USC Chapter 53, Subchapter II
				  (Records and Reports on Monetary Instruments and Transactions) and
				  12
				  USC 21 (Financial Record keeping), a state
				  insurance authority, the Federal Trade Commission, self-regulatory
				  organizations, or for an investigation on a matter related to public
				  safety;
(9) To a consumer reporting
				  agency in accordance with the federal Fair Credit Reporting Act (
				  15 USC
				  1681 et seq.); or from a consumer report
				  reported by a consumer reporting agency;
(10) 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;
(11) To comply with federal, state, or local
				  laws, rules, and other applicable legal requirements;
(12) To comply with a properly authorized
				  civil, criminal, or regulatory investigation, subpoena, or summons by federal,
				  state, or local authorities;
(13)
				  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
(14) For
				  purposes related to the replacement of a group benefit plan, a group health
				  plan, a group welfare plan, or workers' compensation plan.