Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 35 - Privacy › Subchapter 1 - Privacy of Consumer Financial and Health Information Regulation › Part 7 - EXCEPTIONS TO LIMITS ON DISCLOSURES OF FINANCIAL INFORMATION › Section 365:35-1-32 - Other exceptions to notice and opt out requirements for disclosure of nonpublic personal financial information

Current through Vol.
				  41, No. 20, July 1, 2024
(a)
Exceptions to opt out
				  requirements.
The requirements for initial notice to consumers in
				  Paragraph
				  365:35-1-10(a)(2),
				  the opt out in Sections
				  365:35-1-13
				  and 20, and service providers and joint marketing in Section
				  365:35-1-30
				  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 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 plan.