West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-57 - Privacy Of Consumer Financial And Health Information › Section 114-57-14 - Other Exceptions to Notice and Opt-Out Requirements for Disclosure of Nonpublic Personal Financial Information

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. The
				requirements for initial notice to consumers in subdivision b of subsection 3.1,
				opting out in sections 6 and 9, and service providers and joint marketing in section
				12 do not apply when a licensee discloses nonpublic personal financial information:
a. With the consent or at the direction of the
				consumer, provided that the consumer has not revoked the consent or
				direction;
b. To protect the
				confidentiality or security of a licensee's records pertaining to the consumer,
				service, product or transaction;
c. To
				protect against or prevent actual or potential fraud or unauthorized
				transactions;
d. For required
				institutional risk control or for resolving consumer disputes or
				inquiries;
e. To persons holding a legal
				or beneficial interest relating to the consumer; or
f. To persons acting in a fiduciary or
				representative capacity on behalf of the consumer;
g. 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;
h. 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;
i. To a consumer reporting
				agency in accordance with the federal Fair Credit Reporting Act (
				15 U.S.C.
				1681 et seq.); or
j. From a consumer report reported by a consumer
				reporting agency;
k. 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;
l. To comply with federal, state or local laws,
				rules and other applicable legal requirements;
m. To comply with a properly authorized civil,
				criminal or regulatory investigation, or subpoena or summons by federal, state or
				local authorities; or
n. 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
o. For purposes related to the
				replacement of a group benefit plan, a group health plan or a group welfare
				plan.