NAC679B.874. Other exceptions to notice and opt-out requirements for disclosure of information.

     1. The provisions of NAC 679B.856, 679B.864 and 679B.870 do not apply to a licensee who discloses nonpublic personal financial information:

     (a) With the consent or at the direction of the consumer, if the consumer has not revoked the consent or direction;

     (b) To protect the confidentiality or security of records of a licensee pertaining to the consumer, service, product or transaction;

     (c) To prevent or protect against actual or potential fraud or unauthorized transactions;

     (d) For required risk control of an institution, or for resolving consumer disputes or inquiries;

     (e) To a person holding a legal or beneficial interest relating to the consumer;

     (f) To a person acting in a fiduciary or representative capacity on behalf of the consumer;

     (g) To provide information to a rate advisory organization;

     (h) To provide information to a guaranty fund or agency;

     (i) To provide information to an agency that is rating a licensee;

     (j) To provide information to a person who is assessing the compliance of the licensee with industry standards;

     (k) To provide information to the attorneys, accountants and auditors of the licensee;

     (l) To the extent specifically permitted or required pursuant to other provisions of law;

     (m) In accordance with the Right to Financial Privacy Act of 1978, 12 U.S.C. §§ 3401 et seq.;

     (n) To a law enforcement agency for an investigation of a matter related to public safety;

     (o) To a consumer reporting agency in accordance with the Fair Credit Reporting Act, 15 U.S.C. §§ 1681 et seq.;

     (p) From a consumer report that has been reported by a consumer reporting agency;

     (q) 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;

     (r) To comply with federal, state or local laws;

     (s) To comply with a properly authorized civil, criminal or regulatory investigation;

     (t) To comply with a properly authorized subpoena or summons from federal, state or local authorities;

     (u) To respond to judicial process or governmental regulatory authorities having jurisdiction over a licensee for examination, compliance or other similar purposes authorized by law;

     (v) For purposes related to the replacement of a workers’ compensation policy; or

     (w) In compliance with 12 U.S.C. §§ 1951 et seq. and 31 U.S.C. §§ 5311 et seq., to:

          (1) A state insurance authority;

          (2) The Federal Trade Commission;

          (3) The Board of Governors of the Federal Reserve System;

          (4) The Office of the Comptroller of the Currency;

          (5) The Federal Deposit Insurance Corporation;

          (6) The Office of Thrift Supervision;

          (7) The National Credit Union Administration;

          (8) The Securities and Exchange Commission;

          (9) The Secretary of the Treasury; or

          (10) Other self-regulatory organizations.

     2. A consumer may revoke his or her consent to disclosure by subsequently exercising the right to opt out of future disclosures of nonpublic personal financial information in the manner provided in NAC 679B.856.

     3. A licensee placed into receivership or liquidation is exempt from the notice requirements in NAC 679B.800 to 679B.878, inclusive. During the receivership or liquidation, the licensee shall not disclose any nonpublic personal financial information about customers or former customers except as otherwise authorized by law.

     (Added to NAC by Comm’r of Insurance by R130-01, eff. 12-17-2002)