For purposes of this part, unless explicitly stated otherwise:
- (a) Act means the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.).
- (b) Affiliate means any company that is related by common ownership or common corporate control with another company.
- (c) [Reserved]
- (d) Company means any corporation, limited liability company, business trust, general or limited partnership, association, or similar organization.
- (e) Consumer means an individual.
(f) -(h) [Reserved]
- (i) Common ownership or common corporate control means a relationship between two companies under which:
(1) One company has, with respect to the other company:
- (i) Ownership, control, or power to vote 25 percent or more of the outstanding shares of any class of voting security of a company, directly or indirectly, or acting through one or more other persons;
- (ii) Control in any manner over the election of a majority of the directors, trustees, or general partners (or individuals exercising similar functions) of a company; or
- (iii) The power to exercise, directly or indirectly, a controlling influence over the management or policies of a company, as the FDIC determines; or
- (2) Any other person has, with respect to both companies, a relationship described in paragraphs (i)(1)(i) through (i)(1)(iii) of this section.
- (j) [Reserved]
(k) Medical information means:
(1) Information or data, whether oral or recorded, in any form or medium, created by or derived from a health care provider or the consumer, that relates to:
- (i) The past, present, or future physical, mental, or behavioral health or condition of an individual;
- (ii) The provision of health care to an individual; or
- (iii) The payment for the provision of health care to an individual.
(2) The term does not include:
- (i) The age or gender of a consumer;
- (ii) Demographic information about the consumer, including a consumer's residence address or e-mail address;
- (iii) Any other information about a consumer that does not relate to the physical, mental, or behavioral health or condition of a consumer, including the existence or value of any insurance policy; or
- (iv) Information that does not identify a specific consumer.
- (l) Person means any individual, partnership, corporation, trust, estate cooperative, association, government or governmental subdivision or agency, or other entity.
- (m) State savings association has the same meaning as in section 3(b)(3) of the Federal Deposit Insurance Act, 12 U.S.C. 1813(b)(3).
[70 FR 70685, Nov. 22, 2005, as amended at 72 FR 63760, Nov. 9, 2007; 80 FR 65919, Oct. 28, 2015]