9; IC 27-7-3; IC 27-8-1; IC 27-8-16; IC 27-8-17; IC
27-8-19.8; IC 27-10-3; IC 27-13
requirements for initial notice to consumers in section 3(a)(2) of this rule,
the opt out in sections 6 and 9 of this rule, and service providers and joint
marketing in section 12 of this rule do not apply when a licensee discloses
nonpublic personal financial information as follows:
(1) With the consent or at the direction of
the consumer, provided that the consumer has not revoked the consent or
In any of the
(A) To protect the
confidentiality or security of a licensee's records pertaining to the consumer,
service, product, or transaction.
(B) To protect against or prevent actual or
potential fraud or unauthorized transactions.
(C) For required institutional risk control
or for resolving consumer disputes or inquiries.
(D) To persons holding a legal or beneficial
interest relating to the consumer.
(E) To persons acting in a fiduciary or
representative capacity on behalf of the consumer.
To provide information to the following:
(A) Insurance rate advisory
(B) Guaranty funds
(C) Agencies that are
rating a licensee.
(D) Persons who
are assessing the licensee's compliance with industry standards.
(E) The licensee's attorneys, accountants,
extent specifically permitted or required under other provisions of law and in
accordance with the federal Right to Privacy Act of 1978 (
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
II (Records and Reports on Monetary Instruments and Transactions) and 12 U.S.C.
(Financial Recordkeeping), a state insurance authority, and the
Federal Trade Commission, self-regulatory organization or for an investigation
on a matter related to public safety.
To a consumer reporting agency in
accordance with the federal Fair Credit Reporting Act (
et seq.) or from a consumer report
reported by a consumer reporting agency.
(6) 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.
To comply with or respond to any of the
(A) Federal, state, or local laws,
rules, and other applicable legal requirements.
(B) Properly authorized civil, criminal, or
regulatory investigation, or subpoena, or summons by federal, state, or local
(C) Judicial process
or governmental regulatory authorities having jurisdiction over a licensee for
examination, compliance, or other purposes as authorized by law.
(8) For purposes related to the
replacement of a group benefit plan, a group health plan, a group welfare plan,
or a workers' compensation plan.