New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 1 - INSURANCE GENERAL PROVISIONS › Part 3 - PRIVACY OF NONPUBLIC PERSONAL INFORMATION › Section 13.1.3.19 - OTHER EXCEPTIONS TO NOTICE AND AUTHORIZATION REQUIREMENTS FOR DISCLOSURE OF NONPUBLIC PERSONAL INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Exceptions to authorization requirement.
The requirements for
				initial notice to consumers in paragraph (2) of subsection A of 13.1.3.8 NMAC,
				for notice and authorization in 13.1.3.11 NMAC and 13.1.3.14 NMAC, and service
				providers and joint marketing in 13.1.3.17 NMAC do not apply when a licensee
				discloses nonpublic personal 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; to protect against or prevent actual or potential fraud or
				unauthorized transactions; for required institutional risk control or for
				resolving consumer disputes or inquiries; to persons holding a legal or
				beneficial interest relating to the consumer; or 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) 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 federal, state or local
				laws, rules and other applicable legal requirements; to comply with a properly
				authorized civil, criminal or regulatory investigation, or subpoena or summons
				by federal, state or local authorities; or 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 policy.