Other exceptions to notice and opt-out requirements for disclosure of nonpublic personal financial information
Arkansas Code § 23-61-108
(a) Exceptions to opt-out requirements. The requirements for initial notice to consumers in 23 CAR § 30-201(a)(2), the opt out in 23 CAR §§ 30-204 and 30-301, and service providers and joint marketing in 23 CAR § 30-401 do not apply when a licensee discloses nonpublic personal financial information:
- (1) With the consent or at the direction of the consumer, provided that the consumer has not revoked the consent or direction;
(2) To protect the confidentiality or security of a licensee’s records pertaining to the:
- (A) Consumer;
- (B) Service;
- (C) Product; or
- (D) Transaction;
- (3) To protect against or prevent actual or potential fraud or unauthorized transactions;
- (4) For required institutional risk control or for resolving consumer disputes or inquiries;
- (5) To persons holding a legal or beneficial interest relating to the consumer;
- (6) To persons acting in a fiduciary or representative capacity on behalf of the consumer;
(7) To provide information to:
- (A) Insurance rate advisory organizations;
- (B) Guaranty funds or agencies;
- (C) Claims databases;
- (D) Agencies that are rating a licensee;
- (E) Persons that are assessing the licensee’s compliance with industry standards; and
- (F) The licensee’s attorneys, accountants, and auditors;
(8) To the extent specifically permitted or required under other provisions of law and in accordance with the federal Right to Financial Privacy Act of 1978, 12 U.S.C. § 3401 et seq.:
- (A) To law enforcement agencies including the:
(i) Federal Reserve Board;
(ii) United States Office of the Comptroller of the Currency;
(iii) Federal Deposit Insurance Corporation;
- (iv) Office of Thrift Supervision;
- (v) National Credit Union Administration;
- (vi) United States Securities and Exchange Commission;
- (vii) United States Secretary of the Treasury, with respect to United States Code Title 31 , Chapter 53, Subchapter II (Records and Reports on Monetary Instruments and Transactions) and Title 12, Chapter 21 (Financial Recordkeeping);
- (viii) State Insurance Department; and
- (ix) Federal Trade Commission;
- (B) To self-regulatory organizations; or
- (C) For an investigation on a matter related to public safety;
- (9) To a consumer reporting agency in accordance with the federal Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.;
- (10) From a consumer report reported by a consumer reporting agency;
- (11) 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;
(12) To comply with federal, state, or local:
- (A) Laws;
- (B) Rules; and
- (C) Other applicable legal requirements;
- (13) To comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by federal, state, or local authorities;
- (14) To respond to judicial process or government regulatory authorities having jurisdiction over a licensee for examination, compliance, or other purposes as authorized by law; or
- (15) For purposes related to the replacement of a group benefit plan, a group health plan, or a group welfare plan.
- (b) Example of revocation of consent. A consumer may revoke consent by subsequently exercising the right to opt out of future disclosures of nonpublic personal information as permitted under 23 CAR § 30-204(f).