South Carolina Code of Regulations › Chapter 69 - DEPARTMENT OF INSURANCE › Subchapter 69-58 - Privacy of Consumer Financial and Health Information › Article IV - EXCEPTIONS TO LIMITS ON DISCLOSURES OF FINANCIAL INFORMATION › Section 69-58.17 - Other Exceptions to Notice and Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information

Current through Register Vol. 48, No. 6, June 28, 2024
A. Exceptions to opt out requirements. The
				requirements for initial notice to consumers in Section
				5A(2), the opt out in Sections 8 and
				12, and service providers and joint
				marketing in Section
				15 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)
(a) To protect the confidentiality or
				security of a licensee's records pertaining to the consumer, service, product
				or transaction;
(b) To protect
				against or prevent actual or potential fraud or unauthorized
				transactions;
(c) For required
				institutional risk control or for resolving consumer disputes or
				inquiries;
(d) To persons holding a
				legal or beneficial interest relating to the consumer; or
(e) 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 Record keeping), a state insurance authority, and the
				Federal Trade Commission), self-regulatory organizations or for an
				investigation on a matter related to public safety;
(5)
(a) To
				a consumer reporting agency in accordance with the federal Fair Credit
				Reporting Act (
				15 U.S.C.
				1681 et seq.); or
(b) 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)
(a) To
				comply with federal, state or local laws, rules and other applicable legal
				requirements;
(b) To comply with a
				properly authorized civil, criminal or regulatory investigation, or subpoena or
				summons by federal, state or local authorities;
(c) 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.