Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 22 - PRIVACY › Subchapter A - INSURANCE CONSUMER FINANCIAL INFORMATION PRIVACY › Section 22.19 - Other Exceptions to Notice and Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The requirements for initial notice to consumers in §
										22.8(a)(2)
				  of this title (relating to Initial Privacy Notice), the opt out in §
										22.11
				  of this title (relating to Form of Opt Out Notice to Consumers and Opt Out
				  Methods) and §
										22.14
				  of this title (relating to Limits on Disclosure of Nonpublic Personal Financial
				  Information to Nonaffiliated Third Parties), and service providers and joint
				  marketing in §
										22.17
				  of this title (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 covered entity 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 covered entity'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
				  covered entity, persons that are assessing the covered entity's compliance with
				  industry standards, and the covered entity'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.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;
(9) 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;
(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 covered entity for examination, compliance or other
				  purposes as authorized by law; or
(14) for purposes related to the replacement
				  of a group benefit plan, a group health plan, a group welfare plan or a
				  workers' compensation policy.