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Florida Administrative Code (Last Updated: October 28, 2024) |
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69. Department of Financial Services |
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69J. Division of Consumer Services |
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69J-128. Privacy Of Consumer Financial And Health Information |
1(1) General rule. Except as otherwise authorized in these rules, a licensee shall not, directly or through an affiliate, disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party other than as described in the initial notice that the licensee provided to that consumer under Rule 5169J-128.005, 52F.A.C., unless:
54(a) The licensee has provided to the consumer a clear and conspicuous revised notice that accurately describes its policies and practices;
75(b) The licensee has provided to the consumer a new opt out notice;
88(c) The licensee has given the consumer a reasonable opportunity, before the licensee discloses the information to the nonaffiliated third party, to opt out of the disclosure; and
116(d) The consumer does not opt out.
123(2) Examples.
125(a) Except as otherwise permitted by Rules 13269J-128.014, 13369J-128.015, 134and 13569J-128.016, 136F.A.C., a licensee shall provide a revised notice before it:
1461. Discloses a new category of nonpublic personal financial information to any nonaffiliated third party;
1612. Discloses nonpublic personal financial information to a new category of nonaffiliated third party; or
1763. Discloses nonpublic personal financial information about a former customer to a nonaffiliated third party, if that former customer has not had the opportunity to exercise an opt out right regarding that disclosure.
209(b) A revised notice is not required if the licensee discloses nonpublic personal financial information to a new nonaffiliated third party that the licensee adequately described in its prior notice.
239(3) Delivery. When a licensee is required to deliver a revised privacy notice by this rule, the licensee shall deliver it according to Rule 26369J-128.010, 264F.A.C.
265Specific Authority 267624.308, 268626.9651 FS. 270Law Implemented 272624.307(1), 273626.9651 FS. 275History–New 12-16-01, Formerly 4-128.009, 69B-128.009.
