Effective date: 12/16/2001
(1)(a) Conditions for disclosure. Except as otherwise authorized in these rules, a licensee may not, directly or through any affiliate, disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party unless:
1. The licensee has provided to the consumer an initial notice as required under rule 69J-128.005, F.A.C.;
2. The licensee has provided to the consumer an opt out notice as required in rule 69J-128.008, F.A.C.;
3. The licensee has given the consumer a reasonable opportunity, before it discloses the information to the nonaffiliated third party, to opt out of the disclosure; and
4. The consumer does not opt out.
An agent may not disclose a consumer’s nonpublic personal financial information to appointing insurers to shop for insurance products or services other than those initially requested by the consumer unless such disclosure meets the requirements of subparagraphs 69J-128.011(1)(a)1.-4., F.A.C., or the conditions set forth in subsection 69J-128.015(1), F.A.C.
(b) Opt out definition. Opt out means a direction by the consumer that the licensee not disclose nonpublic personal financial information about that consumer to a nonaffiliated third party, other than as permitted by rules 69J-128.014, 69J-128.015, and 69J-128.016, F.A.C.
(c) Examples of reasonable opportunity to opt out. A licensee provides a consumer with a reasonable opportunity to opt out if:
1. By mail. The licensee mails the notices required in paragraph (a) of this subsection, to the consumer at the consumer’s last known address and allows the consumer a time period of at least 30 days from the date the licensee mailed the notices to opt out by mailing a form, calling a toll-free telephone number, or any other reasonable means.
2. By electronic means. A customer opens an on-line account with a licensee and agrees to receive the notices required in paragraph (a) of this subsection electronically, and the licensee allows the customer to opt out by any reasonable means within 30 days after the date that the customer acknowledges receipt of the notices in conjunction with opening the account.
3. Isolated transaction with consumer. For an isolated transaction such as providing the consumer with an insurance quote, a licensee provides the consumer with a reasonable opportunity to opt out if the licensee provides the notices required in paragraph (a) of this subsection, at the time of the transaction and requests that the consumer decide, as a necessary part of the transaction, whether to opt out before completing the transaction.
(2) Application of opt out to all consumers and all nonpublic personal financial information.
(a) A licensee shall comply with this rule, regardless of whether the licensee and the consumer have established a customer relationship.
(b) Unless a licensee complies with this rule, the licensee may not, directly or through any affiliate, disclose any nonpublic personal financial information about a consumer that the licensee has collected, regardless of whether the licensee collected it before or after receiving the direction to opt out from the consumer.
(3) Partial opt out. A licensee may allow a consumer to select certain nonpublic personal financial information or certain nonaffiliated third parties with respect to which the consumer wishes to opt out.
Rulemaking Authority 624.308, 626.9651 FS. Law Implemented 624.307(1), 626.9651 FS. History—New 12-16-01, Formerly 4-128.011, 69B-128.011.