North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-02 - Banking and Savings and Loan Associations › Chapter 13-02-21 - Disclosure of Customer Information by Financial Institutions › Section 13-02-21-02 - Authorization

Current through Supplement No. 393, July, 2024
A financial institution that has not received a customer's
				  express consent or opt-in election may disclose customer information to a third
				  party only as provided by subsections 1 through 11 of North Dakota Century Code
				  section  6-08.1-02, North Dakota Century
				  Code section
				   6-08.1-03, and as follows:
1. To effect, administer, or enforce a
				transaction requested or authorized by the customer or in connection with
				servicing or processing a financial product or service requested or authorized
				by the customer;
2. To maintain or
				service the customer's account with the financial institution or with another
				entity as part of a private label credit card program or other extension of
				credit on behalf of such entity;
3. In connection with a proposed or actual
				securitization, secondary market sale, including sales of servicing rights, or
				a similar transaction related to a transaction of the customer;
4. With the consent or at the direction of
				the customer;
5. To protect the
				confidentiality or security of the financial institution's records pertaining
				to the customer, the service or product, or the transaction therein;
6. To protect against or prevent actual or
				potential fraud, unauthorized transactions, claims, or other liability;
7. For required institutional risk
				control or for resolving customer disputes or inquiries;
8. To persons holding a legal or beneficial
				interest relating to the customer;
9. To persons acting in a fiduciary or
				representative capacity on behalf of the customer;
10. To provide information to insurance rate
				advisory organizations, guaranty funds or agencies, applicable rating agencies
				of the financial institution, persons assessing the institution's compliance
				with industry standards, and the institution's attorneys, accountants, and
				auditors;
11. To the extent
				specifically permitted or required under other provisions of North Dakota law,
				federal law, and in accordance with the Right to Financial Privacy Act of 1978,
				to federal law enforcement agencies, including a federal functional regulator,
				the secretary of the treasury with respect to subchapter II of chapter 53 of
				title 31, United States Code, and chapter 2 of title I of  Public Law 91-508  [
				 12 U.S.C. 1951  - 1959  ], a state insurance
				authority, or the federal trade commission, self-regulatory organizations, or
				for an investigation on a matter related to public safety;
12. To a consumer reporting agency in
				accordance with the federal Fair Credit Reporting Act or from a consumer report
				reported by a customer reporting agency;
13. 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 concerns solely customers of such business or
				unit; or
14. 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 the financial institution for examination, compliance, or
				other purposes as authorized by law.
A financial institution may make a disclosure of necessary
				  customer information under this section even though a customer has advised the
				  financial institution that the customer does not consent to the disclosure.
General Authority: NDCC 6-01-04
Law Implemented: