Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 28 - (2001-1) Privacy of Consumer Financial and Health Information Regulation › Rule 19-1-28.16 - Other Exceptions to Notice and Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information

Current through June 25, 2024
A.
				Exceptions to opt out requirements. The requirements for initial notice to
				consumers in Section 5A(2), the opt out in Sections 8 and 11, and service
				providers and joint marketing in Section 14 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. To protect:
a. 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 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;
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 Recordkeeping), a state insurance authority, and the
				Federal Trade Commission), self-regulatory organizations or for an
				investigation on a matter related to public safety;
5. Consumer reports:
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. 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. That is:
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; or
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 or a workers' compensation plan.