Ins 25.30(2)(2)Application of opt out to all consumers and all nonpublic personal financial information.
Ins 25.30(2)(a)(a) A licensee shall comply with this section, regardless of whether the licensee and the consumer have established a customer relationship.
Ins 25.30(2)(b)(b) Unless a licensee complies with this section, the licensee may not, except as permitted in ss. Ins 25.50, 25.55, and 25.60, directly or through any affiliate, disclose any nonpublic personal financial information about a consumer that the licensee has collected, regardless of whether the licensee collected it before or after receiving the direction to opt out from the consumer.
Ins 25.30(3)(3)Partial opt out. A licensee may allow a consumer to select certain nonpublic personal financial information or certain nonaffiliated third parties with respect to which the consumer wishes to opt out.
Ins 25.30 HistoryHistory: Cr. Register, June, 2001, No. 546, eff. 7-1-01.
Ins 25.35Ins 25.35Limits on re-disclosure and reuse of nonpublic personal financial information.
Ins 25.35(1)(1)Redisclosure under exception.
Ins 25.35(1)(a)(a) Information the licensee receives under an exception. If a licensee receives nonpublic personal financial information from a nonaffiliated financial institution under an exception in s. Ins 25.55 or 25.60, the licensee may use or disclose that information only under the following conditions:
Ins 25.35(1)(a)1.1. The licensee may disclose the information to the affiliates of the financial institution from which the licensee received the information.
Ins 25.35(1)(a)2.2. The licensee may disclose the information to its affiliates, but the licensee’s affiliates may, in turn, disclose and use the information only to the extent that the licensee may disclose and use the information.
Ins 25.35(1)(a)3.3. The licensee may disclose and use the information pursuant to an exception in s. Ins 25.55 or 25.60, in the ordinary course of business to carry out the activity covered by the exception under which the licensee received the information.
Ins 25.35(1)(b)(b) Example. If a licensee receives information from a nonaffiliated financial institution for claims settlement purposes, the licensee may disclose the information for fraud prevention, or in response to a properly authorized subpoena. The licensee may not disclose that information to a third party for marketing purposes or use that information for its own marketing purposes.
Ins 25.35(2)(2)Redisclosure outside exception.
Ins 25.35(2)(a)(a) Information a licensee receives outside of an exception. If a licensee receives nonpublic personal financial information from a nonaffiliated financial institution other than under an exception in s. Ins 25.55 or 25.60, the licensee may not disclose the information except to any of the following:
Ins 25.35(2)(a)1.1. To the affiliates of the financial institution from which the licensee received the information.
Ins 25.35(2)(a)2.2. To its affiliates, but its affiliates may, in turn, disclose the information only to the extent that the licensee may disclose the information.
Ins 25.35(2)(a)3.3. To any other person, if the disclosure would be lawful if made directly to that person by the financial institution from which the licensee received the information.
Ins 25.35(2)(b)(b) Example. If a licensee obtains a customer list from a nonaffiliated financial institution outside of the exceptions in s. Ins 25.55 or 25.60 it may do any of the following:
Ins 25.35(2)(b)1.1. The licensee may use that list for its own purposes.
Ins 25.35(2)(b)2.2. The licensee may disclose that list to another nonaffiliated third party only if the financial institution from which the licensee purchased the list could have lawfully disclosed the list to that third party. That is, the licensee may disclose the list in accordance with the privacy policy of the financial institution from which the licensee received the list, as limited by the opt out direction of each consumer whose nonpublic personal financial information the licensee intends to disclose, and the licensee may disclose the list in accordance with an exception in s. Ins 25.55 or 25.60, such as to the licensee’s attorneys or accountants.
Ins 25.35(3)(3)Information a licensee discloses under an exception. If a licensee discloses nonpublic personal financial information to a nonaffiliated third party under an exception in s. Ins 25.55 or 25.60, the third party may not disclose or use that information except under any of the following circumstances:
Ins 25.35(3)(a)(a) The third party may disclose the information to the licensee’s affiliates.
Ins 25.35(3)(b)(b) The third party may disclose the information to its affiliates, but its affiliates may, in turn, disclose and use the information only to the extent that the third party may disclose and use the information.
Ins 25.35(3)(c)(c) The third party may disclose and use the information pursuant to an exception in s. Ins 25.55 or 25.60 in the ordinary course of business to carry out the activity covered by the exception under which it received the information.
Ins 25.35(4)(4)Information a licensee discloses outside of an exception. If a licensee discloses nonpublic personal financial information to a nonaffiliated third party other than under an exception in s. Ins 25.55 or 25.60, the third party may not disclose the information except under any of the following circumstances:
Ins 25.35(4)(a)(a) To the licensee’s affiliates.
Ins 25.35(4)(b)(b) To the third party’s affiliates, but the third party’s affiliates, in turn, may disclose the information only to the extent the third party can disclose the information.
Ins 25.35(4)(c)(c) To any other person, if the disclosure would be lawful if the licensee made it directly to that person.
Ins 25.35 HistoryHistory: Cr. Register, June, 2001, No. 546, eff. 7-1-01.