Indiana Administrative Code › Title 760 - DEPARTMENT OF INSURANCE › Article 1 - GENERAL PROVISIONS › Rule 67 - Privacy of Consumer Information › Section 67-14 - Other exceptions to notice and opt out requirements for disclosure of nonpublic personal financial information

Current through July 10, 2024
Authority: IC
				  27-1-3-7;
				  IC
				  27-1-25-14; IC
				  27-1-33-11;
				  IC
				  27-2-20-3; IC
				  27-8-16-14; IC
				  27-8-17-20; IC
				  27-8-19.8-26;
				  IC
				  27-13-10-13
Affected: IC
				  27-1-7-2;
				  IC
				  27-1-12-1;
				  IC
				  27-1-13-1;
				  IC
				  27-1-17-2;
				  IC 27-1-23; IC 27-1-25; IC 27-1-33; IC 27-6-6; IC 27-6-
9; IC 27-7-3; IC 27-8-1; IC 27-8-16; IC 27-8-17; IC
				  27-8-19.8; IC 27-10-3; IC 27-13
Sec. 14.
(a) The
				requirements for initial notice to consumers in section 3(a)(2) of this rule,
				the opt out in sections 6 and 9 of this rule, and service providers and joint
				marketing in section 12 of this rule do not apply when a licensee discloses
				nonpublic personal financial information as follows:
(1) With the consent or at the direction of
				the consumer, provided that the consumer has not revoked the consent or
				direction.
(2) In any of the
				following situations:
(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.
(E) To persons acting in a fiduciary or
				representative capacity on behalf of the consumer.
(3) To provide information to the following:
(A) Insurance rate advisory
				organizations.
(B) Guaranty funds
				or agencies.
(C) Agencies that are
				rating a licensee.
(D) Persons who
				are assessing the licensee's compliance with industry standards.
(E) 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 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 organization or for an investigation
				on a matter related to public safety.
(5) To a consumer reporting agency in
				accordance with the federal Fair Credit Reporting Act (
				15 U.S.C.
				1681 et seq.) or from a consumer report
				reported by a consumer reporting agency.
(6) 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.
(7) To comply with or respond to any of the
				following:
(A) Federal, state, or local laws,
				rules, and other applicable legal requirements.
(B) Properly authorized civil, criminal, or
				regulatory investigation, or subpoena, or summons by federal, state, or local
				authorities.
(C) Judicial process
				or governmental regulatory authorities having jurisdiction over a licensee for
				examination, compliance, or other purposes as authorized by law.
(8) For purposes related to the
				replacement of a group benefit plan, a group health plan, a group welfare plan,
				or a workers' compensation plan.