North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-14 - Consumer Privacy › Chapter 45-14-01 - Privacy of Consumer Financial and Health Information › Section 45-14-01-16 - Other exceptions to notice and authorization requirements for disclosure of nonpublic personal financial information

Current through Supplement No. 393, July, 2024
1.
Exceptions to authorization
				requirements.
The requirements for initial notice to consumers in
				subdivision b of subsection 1 of section
				45-14-01-05, for notice and
				authorization in sections
				45-14-01-08 and
				45-14-01-11 and for initial notice
				in paragraph 1 of subdivision a of subsection 1 of section
				45-14-01-14 do not apply when a
				licensee discloses nonpublic personal financial information:
a. With the consent or at the direction of
				the consumer, provided that the consumer has not revoked the consent or
				direction;
b.
(1) To protect the confidentiality or
				security of a licensee's records pertaining to the consumer, service, product,
				or transaction;
(2) To protect
				against or prevent actual or potential fraud or unauthorized transactions;
(3) For required institutional
				risk control or for resolving consumer disputes or inquiries;
(4) To persons holding a legal or beneficial
				interest relating to the consumer; or
(5) To persons acting in a fiduciary or
				representative capacity on behalf of the consumer;
c. 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;
d. 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;
e.
(1) To a
				consumer reporting agency in accordance with the federal Fair Credit Reporting
				Act [ 15 U.S.C.
				1681 et seq.]; or
(2) From a consumer report reported by a
				consumer reporting agency;
f. 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;
g.
(1) To
				comply with federal, state, or local laws, rules, and other applicable legal
				requirements;
(2) To comply with a
				properly authorized civil, criminal, or regulatory investigation, or subpoena
				or summons by federal, state, or local authorities; or
(3) 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
h. For purposes related to the
				replacement of a group benefit plan, a group health plan, a group welfare plan,
				or a workers' compensation plan.