Section 26-A3608. OTHER EXCEPTIONS TO NOTICE AND OPT OUT REQUIREMENTS

 

3608.1The requirements for initial notice to consumers in § 3601.1(b), the opt out in §§ 3604 and 3605, and service providers and joint marketing in § 3606 do not apply when the licensee discloses nonpublic personal information:

 

(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 the licensee's records pertaining to the consumer, service, product or transaction;

 

(2)To protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability;

 

(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; or

 

(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 the 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 Right to Financial Privacy Act of 1978 (12 U.S.C. 3401 et seq.), to law enforcement agencies (including government regulators), 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 Fair Credit Reporting Act (15 U.S.C. 1681 et seq.), or

 

(2)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 information concerns solely consumers of such business or unit; or

 

(g)

(1)To comply with Federal, State, District of Columbia 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, District of Columbia or local authorities; or

 

(3)To respond to judicial process or government regulatory authorities having jurisdiction over the licensee for examination, compliance or other purposes as authorized by law.

 

3608.2A consumer may specifically consent to a licensee's disclosure to a nonaffiliated insurance company of the fact that the consumer has applied to the licensee for a financial service so that the unaffiliated insurance company can offer an insurance product loan to the consumer.

 

3608.3A consumer may revoke consent by subsequently exercising the right to opt out of future disclosures of nonpublic personal information as permitted under § 3605.13.

 

source

Emergency Rulemaking published at 47 DCR 9052(November 10, 2000) [EXPIRED]; Emergency Rulemaking published at 48 DCR 2356(March 16, 2001) [EXPIRED]; as Emergency Rulemaking published at 48 DCR 6119(July 1, 2001) [EXPIRED]; as Final Rulemaking published at 48 DCR 8005 (August 24, 2001).