NAC679B.832. “Publicly available information” defined.

     1. “Publicly available information” means any information that a licensee has a reasonable basis to believe is lawfully made available to the general public from:

     (a) Federal, state or local governmental records;

     (b) Widely distributed media; or

     (c) Disclosures to the general public that are required to be made by federal, state or local law.

     2. For the purposes of this section:

     (a) Publicly available information from federal, state or local governmental records may include information in governmental real estate records and security interest filings.

     (b) Publicly available information from widely distributed media may include information from a:

          (1) Telephone book;

          (2) Television;

          (3) Radio program;

          (4) Newspaper; or

          (5) Website that is available to the general public on an unrestricted basis.

     (c) If access is available to the general public, a website is not restricted solely because an Internet service provider or a site operator requires a fee or a password.

     (d) A licensee has a reasonable basis to believe that:

          (1) Information is lawfully made available to the general public if the licensee has taken steps to determine:

               (I) That the information is of the type that is available to the general public; and

               (II) Whether a natural person can direct that the information not be made available to the general public and, if so, that the consumer has not done so.

          (2) Mortgage information is lawfully made available to the general public if the licensee has determined that the information is of the type included in the public record of the jurisdiction where the mortgage is or will be recorded.

          (3) A telephone number of a natural person is lawfully made available to the general public if:

               (I) The licensee has located the telephone number in a telephone book; or

               (II) The consumer has informed the licensee that the telephone number is listed.

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