(a) Notwithstanding any other law to the contrary, except as provided in subsections (b) and (c), the board and any officer, employee, agent or contractor of the board shall not disclose personal information about any person obtained by the board in connection with the purchase of tuition units or the making of contributions to any educational investment trust fund account under this part.

Terms Used In Tennessee Code 49-7-825

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • beneficiary: means an individual designated under a tuition contract as the individual entitled to apply tuition units purchased under the contract to the payment of that individual's undergraduate, graduate and professional tuition, and other educational costs. See Tennessee Code 49-7-802
  • Board: means the board of trustees of the college savings trust fund program described in this part. See Tennessee Code 49-7-802
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Program: means the college savings trust fund program created in this part. See Tennessee Code 49-7-802
  • Purchaser: means an individual, association, corporation, trust, charitable organization or other such entity that enters into a tuition contract under this part for the purchase of a tuition unit or units on behalf of a beneficiary relative to the educational services plan. See Tennessee Code 49-7-802
  • Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
  • Subpoena: A command to a witness to appear and give testimony.
  • Trust fund: means the educational investment trust fund or the educational services trust fund established pursuant to §. See Tennessee Code 49-7-802
  • Tuition: means the charges imposed to attend an institution of higher education as an undergraduate, graduate or professional student and all fees required as a condition of enrollment as determined by the board. See Tennessee Code 49-7-802
(b) The board and any officer or employee of the board may release information described in subsection (a) under the following circumstances:

(1) To an institution of higher education in which a beneficiary may enroll or is enrolled. The institution of higher education shall maintain the same level of confidentiality as that required under this section;
(2) To the extent that the beneficiary, purchaser or their respective legal representative consents to disclosure;
(3) In compliance with a subpoena or a court order;
(4) To the comptroller of the treasury or the comptroller’s designees for the purpose of an audit of the board;
(5) To the internal revenue service for the purpose of filing reports of distributions made under the program; or
(6) In any administrative proceeding or court action between the purchaser, beneficiary or their respective legal representative and the board.
(c) Personal information referred to in subsection (a) may be disclosed to any requesting person, without regard to intended use, if the board has provided in a clear and conspicuous manner on tuition contracts that personal information collected by the board may be disclosed to any person making a request for the information, and has provided in a clear and conspicuous manner on the contracts an opportunity for the purchaser to prohibit the disclosure.
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