§ 146a.32. Exceptions to notice and opt out requirements for disclosure of nonpublic personal financial information for processing and servicing transactions.
(a) Exceptions for processing transactions at consumers request. The requirements for initial notice in § 146a.11(a)(2) (relating to initial privacy notice to consumers required), the opt out in § § 146a.14 and 146a.21 (relating to form of opt out notice to consumers and opt out methods; and limitation on disclosure of nonpublic personal financial information to nonaffiliated third parties), and service providers and joint marketing in § 146a.31 (relating to exception to opt out requirements for disclosure of nonpublic personal financial information for service providers and joint marketing) do not apply if the licensee discloses nonpublic personal financial information as necessary to effect, administer or enforce a transaction that a consumer requests or authorizes, or in connection with any of the following:
(1) Servicing or processing an insurance product or service that a consumer requests or authorizes.
(2) Maintaining or servicing the consumers account with a licensee, or with another entity as part of a private label credit card program or other extension of credit on behalf of that entity.
(3) A proposed or actual securitization, secondary market sale (including sales of servicing rights) or similar transaction related to a transaction of the consumer.
(4) Reinsurance or stop loss or excess loss insurance.
(b) Necessary to effect, administer or enforce a transaction. When used in this section, necessary to effect, administer or enforce a transaction means that the disclosure is required or is either of the following:
(1) One of the lawful or appropriate methods, to enforce the licensees rights or the rights of other persons engaged in carrying out the financial transaction or providing the product or service.
(2) A usual, appropriate or acceptable method to do one or more of the following:
(i) Carry out the transaction or the product or service business of which the transaction is a part, and record, service or maintain the consumers account in the ordinary course of providing the insurance product or service.
(ii) Administer or service benefits or claims relating to the transaction or the product or service business of which it is a part.
(iii) Provide a confirmation, explanation, statement or other record of the transaction, or information on the status or value of the insurance product or service to the consumer, the consumers producer, or a policyholder or the policyholders agent, producer, or broker with respect to a claim asserted by, or paid to, a consumer under a policy.
(iv) Accrue or recognize incentives or bonuses associated with the transaction that are provided by a licensee or any other party.
(v) Underwrite insurance at the consumers request or for any of the following purposes as they relate to a consumers insurance, or, when the consumer is a workers compensation claimant or third party claimant, to the policyholders insurance: account administration, reporting, investigating or preventing fraud or material misrepresentation, processing premium payments, processing, adjusting, paying, and settling insurance claims, administering insurance benefits (including utilization review activities), participating in research projects or as otherwise required or specifically permitted by Federal or State law.
(vi) Use in connection with any of the following:
(A) The authorization, settlement, billing, processing, clearing, transferring, reconciling or collection of amounts charged, debited or otherwise paid using a debit, credit or other payment card, check or account number, or by other payment means.
(B) The transfer of receivables, accounts or interests therein.
(C) The audit of debit, credit or other payment information.
This section cited in 31 Pa. Code § 146a.2 (relating to definitions); 31 Pa. Code § 146a.11 (relating to initial privacy notice to consumers required); 31 Pa. Code § 146a.12 (relating to annual privacy notice to customers required); 31 Pa. Code § 146a.13 (relating to information to be included in privacy notices); and 31 Pa. Code § 146a.22 (relating to limits on redisclosure and reuse of nonpublic personal financial information).
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