1. (1) that the information is of the type that is available to the general public; and
2. (2) whether a consumer is able to direct that the information not be made available to the general public and, if so, that the consumer has not done so.

For purposes of determining what constitutes publicly available information, a licensee is deemed to have a reasonable basis to believe that information is lawfully made available to the general public if the licensee has taken steps to determine: