Section 3.26.670. Other exceptions to notice and opt out requirements for disclosure of nonpublic personal financial information.

A licensee is not subject to the requirements for initial notice in 3 AAC 26.610(a)(2), the opt out requirements in 3 AAC 26.625 and 3 AAC 26.645, or the requirements in 3 AAC 26.660 if the licensee discloses nonpublic personal financial information  
		(1) with the consent or at the direction of the consumer, unless the consumer has revoked the consent or directive;  
		(2) to protect the confidentiality or security of the licensee's records pertaining to the consumer, service, product, or transaction;  
		(3) to protect against or to prevent fraud or unauthorized transactions;  
		(4) for required institutional risk control;  
		(5) for resolving  
			(A) disputes with the consumer who is the subject of the nonpublic personal financial information; or  
			(B) inquiries to the licensee from the consumer who is the subject of the nonpublic personal financial information;  
		(6) to a person holding a legal or beneficial interest related to the consumer;  
		(7) to a person acting in a fiduciary or representative capacity on behalf of the consumer;  
		(8) to provide information to  
			(A) a rating or advisory organization regulated under AS 21.39,  or to a similar insurance rate advisory organization in another state;  
			(B) a guaranty association regulated under AS 21.79  or AS 21.80,  or to a similar guaranty fund or agency in another state;  
			(C) an agency that rates the licensee;  
			(D) a person assessing the licensee's compliance with industry standards; or  
			(E) the licensee's attorney, accountant, or auditor;  
		(9) to the extent specifically permitted or required under other provisions of law and in accordance with 12 U.S.C. 3401 - 3422 (Right to Financial Privacy Act of 1978),  
			(A) to law or regulatory enforcement agencies, including the following:  
				(i) the Federal Reserve Board;  
				(ii) the United States Department of the Treasury, Office of the Comptroller of the Currency;  
				(iii) the Federal Deposit Insurance Corporation;  
				(iv) the United States Department of the Treasury, Office of Thrift Supervision;  
				(v) the National Credit Union Administration;  
				(vi) the United States Securities and Exchange Commission;  
				(vii) the United States Secretary of the Treasury, with respect to 31 U.S.C. 5311 - 5332 (Records and Reports on Monetary Instruments and Transactions) and 12 U.S.C. 1951 - 1959 (Financial Recordkeeping);  
				(viii) a state insurance authority;  
				(ix) the Federal Trade Commission;  
			(B) to a self-regulatory organization; or  
			(C) for an investigation of a matter related to public safety;  
		(10) to a consumer-reporting agency in accordance with 15 U.S.C. 1681 - 1681x (Fair Credit Reporting Act);  
		(11) from a consumer report reported by a consumer-reporting agency under 15 U.S.C. 1681 - 1681x (Fair Credit Reporting Act) to a nonaffiliated third party;  
		(12) 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 only consumers of the business or unit;  
		(13) to comply with federal, state, or local laws or other applicable legal requirements;  
		(14) to comply with a properly authorized civil, criminal, or regulatory investigation or a subpoena or summons issued by a federal, state, or local authority;  
		(15) to respond to judicial process or a government regulatory authority that has jurisdiction over a licensee for examination, compliance, investigation, or other purposes authorized by law; or  
		(16) for a purpose related to the replacement of a group benefit plan, group health plan, group welfare plan, or workers' compensation plan.  

Authorities

21.06.090;21.36.510;01.05.031;21.36.162;44.62.125

Notes

Reference

3 AAC 26.610
3 AAC 26.620
3 AAC 26.650
3 AAC 26.660
3 AAC 26.675
3 AAC 26.715
3 AAC 26.749

Authority

AS 21.06.090 AS 21.36.510 Editor's note: In 2010 the revisor of statutes, acting under AS 01.05.031, renumbered former AS 21.36.162 as AS 21.36.510. As of Register 196 (January 2011), the regulations attorney made a conforming technical revision under AS 44.62.125(b)(6), to the authority citation that follows 3 AAC 26.670, so that the citation to former AS 21.36.162 now refers to the renumbered statute, AS 21.36.510.

History

Eff. 1/1/2005, Register 172

References

3.26.670