Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 99 - Regulation 76-Privacy of Consumer › Subchapter D - Exceptions to Limits on Disclosures of Financial Information › Section XIII-9933 - Other Exceptions to Notice and Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. Exceptions to Opt Out Requirements. The
				  requirements for initial notice to consumers in §9911A.2, the opt out in
				  §9917 and 9923, and service providers
				  and joint marketing in
				  §9929 do 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.
a. to protect the confidentiality or security
				  of a licensee's records pertaining to the consumer, service, product or
				  transaction;
b. to protect against
				  or prevent actual or potential fraud or unauthorized transactions;
c. for required institutional risk control or
				  for resolving consumer disputes or inquiries;
d. to persons holding a legal or beneficial
				  interest relating to the consumer; or
e. to persons acting in a fiduciary or
				  representative capacity on behalf of the consumer;
3. to provide information to an insurance
				  rate advisory organizations for the purpose of gathering statistical rate
				  making information, guaranty funds or 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;
4. 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), the Commissioner of Insurance, and the
				  Federal Trade Commission), self-regulatory organizations or for an
				  investigation on a matter related to public safety;
5.
a. to a
				  consumer reporting agency in accordance with the federal Fair Credit Reporting
				  Act (15 U.S.C.
				  1681 et seq.); or
b. from a consumer report reported by a
				  consumer reporting agency;
6. 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;
7.
a. to comply with federal, state or local
				  laws, rules and other applicable legal requirements;
b. to comply with a properly authorized
				  civil, criminal or regulatory investigation, or subpoena or summons by federal,
				  state or local authorities;
c. 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
8.
				  for purposes related to the replacement of a group benefit plan, a group health
				  plan, a group welfare plan;
9. for
				  purposes related to:
a. an order of
				  rehabilitation or liquidation pursuant to
				  R.S.
				  22:731 et seq.;
b. any other provision of law which
				  authorizes the Commissioner of Insurance to take over, rehabilitate, liquidate,
				  or wind up the affairs of a licensee.