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Title 3 . Commerce, Community, and Economic Development
Chapter 26 . Miscellaneous
Section 670. Other exceptions to notice and opt out requirements for disclosure of nonpublic personal financial information

3 AAC 26.670. Other exceptions to notice and opt out requirements for disclosure of nonpublic personal financial information

A licensee is not subject to the requirements for initial notice in 3 AAC 26.610(a) (2), the opt out requirements in 3 AAC 26.625 and 3 AAC 26.645, or the requirements in 3 AAC 26.660 if the licensee discloses nonpublic personal financial information

(1) with the consent or at the direction of the consumer, unless the consumer has revoked the consent or directive;

(2) to protect the confidentiality or security of the licensee's records pertaining to the consumer, service, product, or transaction;

(3) to protect against or to prevent fraud or unauthorized transactions;

(4) for required institutional risk control;

(5) for resolving

(A) disputes with the consumer who is the subject of the nonpublic personal financial information; or

(B) inquiries to the licensee from the consumer who is the subject of the nonpublic personal financial information;

(6) to a person holding a legal or beneficial interest related to the consumer;

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

(8) to provide information to

(A) a rating or advisory organization regulated under AS 21.39, or to a similar insurance rate advisory organization in another state;

(B) a guaranty association regulated under AS 21.79 or AS 21.80, or to a similar guaranty fund or agency in another state;

(C) an agency that rates the licensee;

(D) a person assessing the licensee's compliance with industry standards; or

(E) the licensee's attorney, accountant, or auditor;

(9) to the extent specifically permitted or required under other provisions of law and in accordance with 12 U.S.C. 3401 - 3422 (Right to Financial Privacy Act of 1978),

(A) to law or regulatory enforcement agencies, including the following:

(i) the Federal Reserve Board;

(ii) the United States Department of the Treasury, Office of the Comptroller of the Currency;

(iii) the Federal Deposit Insurance Corporation;

(iv) the United States Department of the Treasury, Office of Thrift Supervision;

(v) the National Credit Union Administration;

(vi) the United States Securities and Exchange Commission;

(vii) the United States Secretary of the Treasury, with respect to 31 U.S.C. 5311 - 5332 (Records and Reports on Monetary Instruments and Transactions) and 12 U.S.C. 1951 - 1959 (Financial Recordkeeping);

(viii) a state insurance authority;

(ix) the Federal Trade Commission;

(B) to a self-regulatory organization; or

(C) for an investigation of a matter related to public safety;

(10) to a consumer-reporting agency in accordance with 15 U.S.C. 1681 - 1681x (Fair Credit Reporting Act);

(11) from a consumer report reported by a consumer-reporting agency under 15 U.S.C. 1681 - 1681x (Fair Credit Reporting Act) to a nonaffiliated third party;

(12) 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 only consumers of the business or unit;

(13) to comply with federal, state, or local laws or other applicable legal requirements;

(14) to comply with a properly authorized civil, criminal, or regulatory investigation or a subpoena or summons issued by a federal, state, or local authority;

(15) to respond to judicial process or a government regulatory authority that has jurisdiction over a licensee for examination, compliance, investigation, or other purposes authorized by law; or

(16) for a purpose related to the replacement of a group benefit plan, group health plan, group welfare plan, or workers' compensation plan.

History: Eff. 1/1/2005, Register 172

Authority: AS 21.06.090

AS 21.36.162


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The Alaska Administrative Code was automatically converted to HTML from a plain text format. Every effort has been made to ensure its accuracy, but neither Touch N' Go Systems nor the Law Offices of James B. Gottstein can be held responsible for any possible errors. This version of the Alaska Administrative Code is current through June, 2006.

If it is critical that the precise terms of the Alaska Administrative Code be known, it is recommended that more formal sources be consulted. Recent editions of the Alaska Administrative Journal may be obtained from the Alaska Lieutenant Governor's Office on the world wide web. If any errors are found, please e-mail Touch N' Go systems at E-mail. We hope you find this information useful. Copyright 2006. Touch N' Go Systems, Inc. All Rights Reserved.

Last modified 7/05/2006