Ins 25.04(23)(c)1.1. Publicly available information in government records includes information in government real estate records and security interest filings.
Ins 25.04(23)(c)2.2. Publicly available information from widely distributed media includes information from a telephone book, a television or radio program, a newspaper or a web site that is available to the general public on an unrestricted basis. A web site is not restricted merely because an Internet service provider or a site operator requires a fee or a password, so long as access is available to the general public.
Ins 25.04(23)(c)3.3.
Ins 25.04(23)(c)3.a.a. A licensee has a reasonable basis to believe that mortgage information is lawfully made available to the general public if the licensee has determined that the information is of the type included on the public record in the jurisdiction where the mortgage would be recorded.
Ins 25.04(23)(c)3.b.b. A licensee has a reasonable basis to believe that an individual’s telephone number is lawfully made available to the general public if the licensee has located the telephone number in the telephone book or the consumer has informed the licensee that the telephone number is not unlisted.
Ins 25.04 HistoryHistory: Cr. Register, June, 2001, No. 546, eff. 7-1-01.
subch. II of ch. Ins 25Subchapter II — Privacy and Opt-Out Notices for Financial Information
Ins 25.10Ins 25.10Initial privacy notice to consumers required.
Ins 25.10(1)(1)Initial notice requirement. A licensee shall provide a clear and conspicuous notice that accurately reflects its privacy policies and practices regarding nonpublic personal financial information to all of the following:
Ins 25.10(1)(a)(a) Customer. An individual who becomes the licensee’s customer, not later than when the licensee establishes a customer relationship, except as provided in sub. (5).
Ins 25.10(1)(b)(b) Consumer. A consumer, before the licensee discloses any nonpublic personal financial information about the consumer to any nonaffiliated third party, if the licensee makes a disclosure other than as authorized by ss. Ins 25.55 and 25.60.
Ins 25.10(2)(2)When initial notice to a consumer is not required. A licensee is not required to provide an initial notice to a consumer under sub. (1) (b) if any of the following conditions apply:
Ins 25.10(2)(a)(a) The licensee does not disclose any nonpublic personal financial information about the consumer to any nonaffiliated third party, other than as authorized by ss. Ins 25.55 and 25.60, and the licensee does not have a customer relationship with the consumer.
Ins 25.10(2)(b)(b) An affiliated licensee has provided a notice, as long as the notice clearly identifies all licensees to whom the notice applies and is accurate with respect to the licensee and the other institutions.
Ins 25.10(3)(3)When the licensee establishes a customer relationship.
Ins 25.10(3)(a)(a) General rule. A licensee establishes a customer relationship at the time the licensee and the consumer enter into a continuing relationship.
Ins 25.10(3)(b)(b) Examples of establishing customer relationship. A licensee establishes a customer relationship when the consumer does any of the following:
Ins 25.10(3)(b)1.1. Becomes a policyholder of a licensee that is an insurer when the insurer delivers an insurance policy or contract to the consumer, or in the case of a licensee that is an intermediary who is not acting as agent for an insurer licensee, obtains insurance through that licensee. A licensee does not establish a customer relationship due to issuance of a binder of coverage until the policy is issued, if the licensee allows the consumer to request delivery of the initial notice required under sub. (1) (a) and the licensee delivers the initial notice within a reasonable time after the licensee receives such a request.
Ins 25.10(3)(b)2.2. Agrees to obtain financial, economic or investment advisory services relating to insurance products or services for a fee from the licensee.
Ins 25.10(4)(4)Existing customers. When an existing customer obtains a new insurance product or service from a licensee that is to be used primarily for personal, family or household purposes, the licensee satisfies the initial notice requirements of sub. (1) if any of the following conditions are met:
Ins 25.10(4)(a)(a) The licensee may provide a revised policy notice, under s. Ins 25.20, that covers the customer’s new insurance product or service.
Ins 25.10(4)(b)(b) If the initial, revised or annual notice that the licensee most recently provided to that customer was accurate with respect to the new insurance product or service, the licensee does not need to provide a new privacy notice under sub. (1).
Ins 25.10(5)(5)Exceptions to allow subsequent delivery of notice.
Ins 25.10(5)(a)(a) A licensee may provide the initial notice required by sub. (1) (a) within a reasonable time after the licensee establishes a customer relationship if any of the following conditions exist:
Ins 25.10(5)(a)1.1. Establishing the customer relationship is not at the customer’s election.
Ins 25.10(5)(a)2.2. Providing notice not later than when the licensee establishes a customer relationship would substantially delay the customer’s transaction and the customer agrees to receive the notice at a later time.
Ins 25.10(5)(b)(b) The following are examples of when exceptions may or may not apply:
Ins 25.10(5)(b)1.1. Establishing a customer relationship is not at the customer’s election if a licensee acquires or is assigned a customer’s policy from another financial institution or residual market mechanism and the customer does not have a choice about the licensee’s acquisition or assignment.
Ins 25.10(5)(b)2.2. Providing notice not later than when a licensee establishes a customer relationship would substantially delay the customer’s transaction when the licensee and the individual agree over the telephone to enter into a customer relationship involving prompt delivery of the insurance product or service.