To enhance our service to members, CUNA websites recently changed. If you need assistance navigating or completing a transaction, please email or call 1-800-356-9655.
Toggle
Compliance E-Guide
Affirmative Action Americans With Disabilities Appraisals Bank Bribery Act Bank Secrecy Act Bank Secrecy Act_TEST Bankruptcy Board Governance Bylaws Certificates of Indebtedness Charitable Contributions Check 21 Children's Online Privacy Protection Act - COPPA Community Development Revolving Loan Program Conflicts Of Interest Credit Practices Rule Credit Risk Retention Credit Union Service Organizations (CUSOs) Cybersecurity Derivatives Disaster Recovery Elder Financial Abuse Electronic Fund Transfers - Regulation E Electronic Signatures Eligible Obligations Equal Credit Opportunity - REG B Examinations Expedited Funds Availability Act - REG CC Fair Credit Reporting Act Fair Debt Collection Practices Act Fair Housing Act Fair Labor Standards Act FATCA Fidelity Bonds Field Of Membership Fixed Assets Flood Insurance FOM Summary July 2015 Foreign Branching Garnishments (Federal Benefit Payments) Health Savings Accounts History of Federal Income Tax Exemption Holder In Due Course Rule Home Mortgage Disclosure Act - REG C Home Ownership Counseling Notification Identity Theft Incidental Powers Individual Development Accounts - IDAs Individual Retirement Accounts (IRAs) Interchange Fees And Routing Internet Gambling Investments - NCUA Part 703 IRS Reporting – 1098-E Student Loan Interest Statement IRS Reporting – Form 1099-INT Interest Reporting IRS Reporting - Form W-9 - Request For Taxpayer Identification Number And Certification IRS Reporting 1098 Mortgage Interest IRS Reporting Form 1099-C Discharge Of Indebtedness IRS Reporting Non-Resident Alien Reporting–Forms W-8BEN and 1042-S (also see E-guide section for FATCA) IRS REPORTING–1099-MISC,Miscellaneous Income IRS Reporting-Form 990,Return of Organization Exempt from Income Tax IRS Small Business Health Care Tax Credit IRS Summons And Levies J-Regulation J - Collection of Checks or Funds Transfer Through Fedwire Leasing - REG M Liquidity Loan Participations Management Interlocks Margin Loans - REG U Member Business Loans Mergers Military Lending Act Mortgage Loan Originator Registration (SAFE Act) NCUA - Private Student Loans NCUA Lending Non-Member Services Office Of Foreign Assets Control (OFAC) Privacy Private Mortgage Insurance Private Student Loans Prompt Corrective Action Real Estate Settlement Procedures Reclamations Record Retention-NCUA Records Preservation Program Regulation J-Collection of Checks-Funds Transfers Through Fedwire Remittance Transfers (Regulation E) Reserve Requirements (Regulation D) Right To Financial Privacy Act Security Program-Security Of Member Information Service Members Civil Relief Act Service to the Under-Served Share Insurance Signature Guarantee Programs Small Business Administration (SBA) Loans Social Security Funds Usage SPAM e-MAIL State Chartered Credit Unions Statutory Lien Supervisory Committee Tax Exemption History Telemarketing Truth In Lending - REG Z Truth In Savings Unfair, Deceptive, or Abusive Acts or Practices (UDAAP)

Comp Blog

Q&A: Privacy Regulation Exceptions

By: Danielle Wright

CommentMonday - March 31, 2014

Q:        Our member’s daughter holds power of attorney for the member and has requested personal financial information regarding her mother.  Do we have any privacy obligations before we share this information?

A:  No. The privacy regulation includes a list of exceptions that includes persons holding a legal interest relating to the member. (§1016.15(iv))

The federal privacy regulation prohibits credit unions from directly or through any affiliate disclosing any nonpublic personal information about a member to a nonaffiliated third party unless:

(1)You have provided an initial notice to the member;

(2)You have provided an opt out notice to the member;

(3)You have given the member a reasonable opportunity to opt out before you disclose the information to nonaffiliated third parties, and

(4)the member does not opt out.   

However, the privacy regulations include a number of exceptions in §1016.14 & §1016.15 : 

(1) Servicing or processing a financial product or service that a consumer requests or authorizes;

(2) 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

(3) A proposed or actual securitization, secondary market sale (including sales of servicing rights), or similar transaction related to a transaction of the consumer.

Additional exceptions to the privacy rule’s notice and opt out requirements are included in §1016.15:

(1) With the consent or at the direction of the consumer, provided that the consumer has not revoked the consent or direction;

(2)(i) To protect the confidentiality or security of your records pertaining to the consumer, service, product, or transaction;

(ii) To protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability;

(iii) For required institutional risk control or for resolving consumer disputes or inquiries;

(iv) To persons holding a legal or beneficial interest relating to the consumer; or

(v) To persons acting in a fiduciary or representative capacity on behalf of the consumer;

(3) To provide information to insurance rate advisory organizations, guaranty funds or agencies, agencies that are rating you, persons that are assessing your compliance with industry standards, and your attorneys, accountants, and auditors;

(4) To the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978 (12 U.S.C. 3401et seq.), to law enforcement agencies (including the Bureau, a Federal functional regulator, the Secretary of the Treasury, with respect to 31 U.S.C. Chapter 53, Subchapter II (Records and Reports on Monetary Instruments and Transactions) and 12 U.S.C. Chapter 21 (Financial Recordkeeping), a state insurance authority, with respect to any person domiciled in that insurance authority's state that is engaged in providing insurance, and the Federal Trade Commission), self-regulatory organizations, or for an investigation on a matter related to public safety;

(5) (i) To a consumer reporting agency in accordance with the Fair Credit Reporting Act (15 U.S.C. 1681et seq.); or

(ii) From a consumer report reported by a consumer reporting agency;

(6) In connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal information concerns solely consumers of such business or unit; or

(7) (i) To comply with Federal, state, or local laws, rules and other applicable legal requirements;

(ii) To comply with a properly authorized civil, criminal, or regulatory investigation, or subpoena or summons by Federal, state, or local authorities; or

(iii) To respond to judicial process or government regulatory authorities having jurisdiction over you for examination, compliance, or other purposes as authorized by law.

For more information see CUNA’s eGuide: Privacy Regulations






print

Add Your Comment

close

 

()