Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 25 - Privacy Of Consumer Financial And Health Information › Subchapter IV - Exceptions to Limits on Disclosure of Financial Information › Section Ins 25.60 - Other exceptions to notice and opt out requirements for disclosure of nonpublic personal financial information

Current through June 24, 2024
(1) EXCEPTIONS TO
				OPT OUT REQUIREMENTS. The requirements for initial notice to consumers in s.
				Ins
				25.10(1) (b), the opt out in ss.
				Ins
				25.17 and
				25.30, and service providers and joint
				marketing in s.
				Ins
				25.50 do not apply when a licensee discloses nonpublic
				personal financial information under any of the following circumstances:
(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.
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
				USC 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 USC
				1681 et seq.).
2. Disclosure 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.
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.
(h) For purposes related to the
				replacement of a group benefit plan, a group health plan, a group welfare plan
				or a workers' compensation policy.