Exceptions to Privacy Rule for Sharing Consumers' Financial Info: Joint Agreements, Proces, Study notes of Marketing

Download Exceptions to Privacy Rule for Sharing Consumers' Financial Info: Joint Agreements, Proces and more Study notes Marketing in PDF only on Docsity! PRIVACY OF CONSUMERS' FINANCIAL INFORMATION PART 8 EXCEPTIONS TO THE RULE RESOURCES PROVIDED THROUGH APRIL 2001 Slides Narration Earlier presentations in this series covered various definitions and notification requirements in the privacy regulation. This presentation outlines some exceptions set forth in the reg. These exceptions relate to the provision in the regulation that permits a bank to share information with nonaffil iated third parties. Specifically, we'll look at three types of exceptions: - Exceptions for joint agreements, as defined in section thirteen, - Exceptions for processing and servicing, as defined in section fourteen, and - Other exceptions, as defined in section fifteen. At any point, you can pause this presentation and open a PDF file of any of these three sections. Just click on the document ti t le shown on the right side of your screen. PAGE 2 of EXCEPTIONS TO THE RULE Then in the next presentation, we'll discuss some of the limits the regulation puts on an organization's reuse of nonpublic personal information. The first exception relates to opt out rights outlined in section 13 of the regulation. This exception applies to banks that have contractual agreements with a nonaffil iated third part to perform services for the institution. These services may include marketing of the bank's own products or marketing of financial products offered under a joint agreement between the bank and another financial institution. As defined in the privacy regulation, a joint agreement is a written contract between a bank and one or more financial institutions to jointly offer, endorse, or sponsor a financial product or a fina ncial service. PAGE 5 of EXCEPTIONS TO THE RULE The contractual confidentiali ty agreement must l imit the financial institution's right to use the information the bank shares. The third party may use nonpublic personal information that i t obtains only for marketing the particular product or service that is covered in the agreement. For example, if the joint agreement was to offer life insurance, the financial institution would not have the legal right to use the customer list to sell supplemental health insurance. The second type of exception, defined in section fourteen, relates to processing and servicing of transactions. Section fourteen states that an initial and opt out notice is not required when information sharing is "necessary to effect, administer, or enforce a transaction that a consumer requests or authorizes, or in connection with: - Servicing or processing a financial product or service that a consumer requests or authorizes; - Maintaining or servicing the consumer’s account with you or with another entity as part of a private- label credit -card program or other extension of credit on behalf of such entity; or - A proposed or actual securitization, secondary market sale (including sales of servicing rights), or similar transaction related to a transaction of the consumer" PAGE 6 of EXCEPTIONS TO THE RULE Let's look at an example of a situation in which each of thes e three exceptions might apply. We'll look at servicing or processing a financial product or service first . This type of situation occurs commonly in small town banks. We'll say that Louise Crammer wrote a check to Seven Flavors Coffee. The owner of Seven Flavors Coffee then calls the bank and says that i t has a check from Louise Crammer and wants to know if the check will clear. Since the customer wrote the check, the bank could (under section fourteen) provide the merchant with the requested nonpublic, personal information. PAGE 7 of EXCEPTIONS TO THE RULE An example of maintaining or servicing the consumer’s account is a bank that hires a mail order house to send out bank statements. A common example of secondary market sales covered under section fourteen PAGE 10 of EXCEPTIONS TO THE RULE They can also share with Federal, state, and local agencies to protect public safety, in relation to laws (such as the Fair Credit Reporting Act and consumer -prot ection legislation), or in meeting civil , criminal, or regulatory investigations, when properly authorized through actions such as subpoenas and summons. Exceptions for certain business transactions such as sales and mergers are also outlined in section fifteen. Again, you can review a detailed list of the exceptions listed in this section by in opening the PDF file. In this presentation, we've discussed three sections of the regulation that define exceptions to the rule—instances in which banks can, in fact, share their customers' nonpublic personal information with nonaffil iated third parties. PAGE 11 of EXCEPTIONS TO THE RULE The next presentation covers some of the limits the regulation sets on how those nonaffiliated third parties can reuse the nonpublic personal information they receive.