§431:3A-403 - Other exceptions to notice and opt out requirements for disclosure of nonpublic personal financial information.

[§431:3A-403] Other exceptions to notice and opt out requirements for disclosure of nonpublicpersonal financial information.  (a)  The requirements for initial noticein section 431:3A-201, the opt out in sections 431:3A-204, and 431:3A-301, andservice providers and joint marketing in section 431:3A-401 shall not apply ifa licensee discloses nonpublic personal financial information:

(1)  With the consent or at the direction of theconsumer, who has not revoked the consent or direction;

(2)  To protect the confidentiality or security of alicensee’s records pertaining to the consumer, service, product, ortransaction;

(3)  To protect against or prevent actual or potentialfraud or unauthorized transactions;

(4)  For required institutional risk control;

(5)  For resolving consumer disputes or inquiries;

(6)  To persons holding a legal or beneficial interestrelating to the consumer or to persons acting in a fiduciary or representativecapacity on behalf of the consumer;

(7)  To provide information to insurance rate advisoryorganizations, guaranty funds or agencies, agencies that are rating a licensee,persons that are assessing the licensee’s compliance with industry standards,or the licensee’s attorneys, accountants, and auditors;

(8)  To the extent specifically permitted or requiredunder other provisions of law and in accordance with the Right to FinancialPrivacy Act of 1978, Title 12 United States Code section 3401 et seq., asamended, to law enforcement agencies including the Federal Reserve Board, Officeof the Comptroller of the Currency, Federal Deposit Insurance Corporation,Office of Thrift Supervision, National Credit Union Administration, theSecurities and Exchange Commission, and the Secretary of the Treasury, withrespect to Title 31 United States Code chapter 53, subchapter II (Records andReports on Monetary Instruments and Transactions), as amended, and Title 12United States Code chapter 21 (Financial Recordkeeping), as amended, a stateinsurance authority, and the Federal Trade Commission, self‑regulatoryorganizations, or for an investigation on a matter related to public safety;

(9)  To a consumer reporting agency in accordance withthe federal Fair Credit Reporting Act, Title 15 United States Code section1681, et seq., as amended, or from a consumer report reported by a consumerreporting agency;

(10)  In connection with a proposed or actual sale,merger, transfer, or exchange of all or a portion of a business or operatingunit if the disclosure of nonpublic personal financial information concernssolely 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 governmentregulatory authorities having jurisdiction over a licensee for examination,compliance, or other purposes as authorized by law; or

(14)  For purposes related to the replacement of agroup benefit plan, a group health plan, a group welfare plan, or a workers’compensation plan.

(b)  Aconsumer may revoke a consent by subsequently exercising the right to opt outof future disclosures of nonpublic personal information as permitted undersection 431:3A-204. [L 2001, c 220, pt of §1]