Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 146a - PRIVACY OF CONSUMER FINANCIAL INFORMATION › Subchapter D - EXCEPTIONS TO LIMITS ON DISCLOSURES OF NONPUBLIC PERSONAL FINANCIAL INFORMATION › Section 146a.33 - Other exceptions to notice and opt out requirements for disclosure of nonpublic personal financial information

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Exceptions to opt out
				  requirements
. The requirements for initial notice to consumers in
				  §
										146a.11(a)(2)
				  (relating to initial privacy notice to consumers required) the opt out in
				  §§
										146a.14 and
				  146a.21 (relating to form of opt
				  out notice to consumers and opt out methods; and limitation on disclosure of
				  nonpublic personal financial information to nonaffiliated third parties), and
				  service providers and joint marketing in §
										146a.31 (relating to exception to
				  opt out requirements for disclosure of nonpublic personal financial information
				  for service providers and joint marketing) 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.
(3) To protect against or prevent actual or
				  potential fraud or unauthorized transactions.
(4) For required institutional risk control
				  or for resolving consumer disputes or inquiries.
(5) To persons holding a legal or beneficial
				  interest relating to the consumer.
(6) To persons acting in a fiduciary or
				  representative capacity on behalf of the consumer.
(7) 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.
(8) 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.A. §§
												3401-3422), 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.A. Chapter 53,
				  Subchapter II (Records and Reports on Monetary Instruments and Transactions)
				  and 12 U.S.C.A. 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.
(9) To a consumer reporting agency in
				  accordance with the Federal Fair Credit Reporting Act (15 U.S.C.A. §§
												1681-1681u), or from a consumer report
				  reported by a consumer reporting agency.
(10) 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.
(11) To comply with Federal, state or local
				  laws, rules and other applicable legal requirements.
(12) To comply with a properly authorized
				  civil, criminal or regulatory investigation, or subpoena or summons by Federal,
				  state or local authorities.
(13) To
				  respond to judicial process or government regulatory authorities having
				  jurisdiction over a licensee for examination, compliance or other purposes as
				  authorized by law.
(14) For
				  purposes related to the replacement of a group benefit plan, a group health
				  plan, a group welfare plan or a workers' compensation plan.