What’s the ‘GLBA’?. The Gramm-Leach-Bliley Act (GLBA) of… | by Lydia F de la Torre | Golden Knowledge


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EXCEPTIONS: FIs are exempted from the duty to offer opt-out from sharing with non-affiliates if the share with the consent or on the path of the patron (C.F.R. Sec. 1016.15(a)(1)) OR below three narrowly outlined exceptions, generally referred to by the sections of the statute below which the exceptions come up.

(1) Part 13 exception (Service suppliers): FIs are usually not required to offer an opt-out (however should disclose within the preliminary privateness discover until the disclosure is in any other case coated below Part 14 or 15 exception) if NPI is shared with a 3rd celebration performing as a service supplier and the FI enters right into a compliant contractual settlement.

  • This exception applies typically to non affiliated brokers to which a FI outsources capabilities similar to servicing, account upkeep, and customer support.
  • A compliant contractual settlement should prohibit the third celebration from disclosing or utilizing NPI apart from to hold out the needs for which the establishment disclosed the data.
  • The providers could embrace advertising of the establishment’s personal services (e.g. utilizing a non-affiliated third celebration to do a focused promotion to current clients or mail vacation playing cards). The providers additionally could embrace advertising below a “joint settlement” with a non-affiliated FI to collectively provide, endorse, or sponsor a monetary services or products.

See, 15 U.S.C. § 6802 (b)(2) & 15 U.S.C. § 6809(10) (definition of ‘joint settlement’) / 12 C.F.R. § 1016.13

(2) Part 14 exception (course of a transaction or service an account): FIs are usually not required to offer an opt-out (and are usually not required to tell shoppers of the sharing) if NPI is shared “as essential to impact, administer, or implement a transaction,” {that a} client requests or authorizes, or in reference to:

  • servicing or processing a monetary services or products {that a} client requests or authorizes;
  • sustaining or servicing the patron’s account with the establishment, or with one other entity as a part of a personal label bank card program or different extension of credit score on behalf of such entity; or
  • a proposed or precise securitization, secondary market (together with gross sales of servicing rights), or comparable transaction associated to a transaction of the patron.

‘Essential to impact, administer, or implement a transaction’ typically means any disclosure of NPI to an unaffiliated third celebration vital or utilized by the FI in its normal course of enterprise to have the ability to service a coated particular person’s account or impact a requested transaction. This contains:

  • finishing up the transaction and report, service, or keep the account within the peculiar course enterprise;
  • administering advantages associated to the transaction;
  • administering accounts;
  • offering affirmation, statements, or different information for the transaction or data on the standing or worth of the service or product;
  • accruing or recognizing incentives or bonuses supplied by the FI to the patron;
  • implementing the FI’s rights or the rights of different individuals engaged in finishing up the monetary transaction or offering the services or products;
  • underwrite insurance coverage on the request of the patron;
  • reporting, investigating, or stopping fraud or materials illustration; or
  • in reference to: (A) The authorization, settlement, billing, processing, clearing, transferring, reconciling or assortment of quantities charged, debited, or in any other case paid utilizing a debit, credit score, or different fee card, verify, or account quantity, or by different fee means; (B) The switch of receivables, accounts, or pursuits therein; or (C) The audit of debit, credit score, or different fee data.

Examples of Part 14 sharing embrace sharing NPI with:

  • service suppliers that mail account statements shoppers;
  • collectors listed by a client on a credit score utility with a purpose to get hold of a mortgage.

See, 15 U.S.C. § 6809(7), 12 C.F.R. § 1016.14(b),

(3) Part 15 exception (with consent or legally required): FIs are usually not required to offer an opt-out (and are usually not required to tell shoppers of the sharing) if NPI is shared:

  • with the consent or on the path of the patron (C.F.R. Sec. 1016.15(a)(1));
  • to shield the confidentiality or safety of the establishment’s information pertaining to the patron, service, product, or transaction;
  • to shield towards or forestall precise or potential fraud, unauthorized transactions, claims or different legal responsibility;
  • for required institutional danger management or for resolving client disputes or inquiries;
  • to individuals holding authorized or useful curiosity regarding the patron;
  • to individuals performing in a fiduciary or consultant capability on behalf of the patron;
  • to offer data to insurance coverage price advisory organizations, warranty funds or companies, companies which might be score the establishment, individuals which might be assessing the establishment’s compliance with business requirements, and the establishment’s attorneys, accountants, and auditors;
  • to the extent permitted or required below different provisions of regulation;
  • to a client reporting company in accordance with the FCRA, or from a client report reported by a client reporting company;
  • in reference to a sale of a monetary establishment; or
  • to adjust to: (i) federal, state or native legal guidelines, guidelines and different relevant authorized necessities; (ii) correctly licensed civil, legal, or regulatory investigation or subpoena or summons; or (iii) to answer a judicial course of or authorities regulatory authorities with correct jurisdiction.

See, 15 U.S.C. § 6802(e)(1)-(8)/ 12 C.F.R. §§ 1016.14 & 1016.15.

(2) Proper to be told (Privateness Discover)

Preliminary discover: As a basic rule, all shoppers have a proper to be told of whether or not the FI shares information with non-affiliated third events. Prospects have an improve proper to be told. The precise discover differs relying on whether or not the FI shares information with non-affiliated firms or not.

  • For shoppers that shouldn’t have an on-going relationship with the FI (i.e., shoppers which might be NOT clients): If a FI doesn’t intent to share NPI with non affiliated third events no discover must be supplied. If it intends to share NPI with non affiliated third events, the FI should present each discover a chance to opt-out (see OPT-OUT REQUIRED above) earlier than sharing until an the disclosure is permitted below one of many three exceptions (see EXECPTIONS above). (12 C.F.R. §1016.7(a)(1); 12 C.F.R. §§ 1016.3(e)(1) (definition of ‘client’), 1016.4(a)(2) (preliminary discover) and 1016.10(a) (opt-out discover)).
  • For purchasers (i.e. shoppers with an on-going relationship with the FI): An FI should present an preliminary privateness discover whether or not it shares NIP with non-affiliated third events or not. If it intends to share with non affiliated third events the FI should present a chance to opt-out until an exception applies (See EXCEPTIONS ABOVE). (12 C.F.R. §1016.7). As well as, an annual discover in the course of the connection should be supplied BUT the requirement to offer an annual discover has been waived for FIs that don’t change their practices. (See, 15 U.S.C. § 6803(a), 12 C.F.R. §§1016.4, §1016.5, 12 C.F.R. § 1016.6(b), 1016.7, 1016.8.)
  • For former clients: An FI doesn’t want to offer an annual privateness discover to former clients. (See, 12 C.F.R. §1016.5(b)(1)

As well as, FIs should ship a revised privateness discover with a brand new alternative to opt-out to all shoppers and former shoppers if the classes of knowledge or the scope of the disclosures modifications and no alternative to train an opt-out relating to the brand new disclosure has been supplied earlier than (12 C.R.F. Sec. 1016.8).

Notification when sharing below an exception: FIs sharing NPI ONLY below part 14 and 15 exceptions can present a ‘simplified privateness discover’ however these sharing below part 13 should describe the sharing within the discover (see beneath)

Joint privateness notices: An FI and its associates could collectively present a single privateness discover. (See, 12 C.F.R. Sec. 1016.9(f))

Relation particular privateness notices: An FI can both present a separate tailor-made privateness discover or a complete one. For instance, a financial institution collects completely different NPI from bank card clients and checking account clients and might both present separate privateness notices or the identical privateness discover to each as long as it clearly describes which classes of knowledge are collected from which kind of buyer.

Contents of the discover: The discover should individually specify how the FI handles NPI of shoppers, clients, and former clients and include:

  • the classes of NPI collected;
  • the classes of NPI disclosed;
  • the classes of associates and non-affiliated third events with whom the NPI is shared, apart from these events to whom the FI discloses data below an exception;
  • an clarification of the patron’s proper to decide out of the disclosure of NPI to non-affiliated third events, together with the strategy(s) by which the patron could train that proper;
  • the classes of NPI about former clients disclosed and the classes of associates and non-affiliated third events to whom NPI about former clients is disclosed, apart from these events to whom the establishment discloses data below an exception;
  • if the FI discloses NPI to a non-affiliated third celebration below the service supplier exception (and no different exception), a separate assertion of the classes of NPI disclosed and the classes of third events with whom the FI has contracted for the supply of providers;
  • if the FI discloses NPI pursuant to exceptions, an announcement that the FI makes disclosures to different non-affiliated firms.
  • any disclosures that the FI makes below the federal Honest Credit score Reporting Act (“FCRA”) relating to the flexibility to decide out of disclosures of data amongst associates;
  • the monetary establishment’s insurance policies and practices with respect to defending the confidentiality and safety of NPI; and
  • another disclosure that the FI needs to make.

See, 15 U.S.C. §§ 6803(a)-(b); 12 C.F.R. § 1016.6

Type of the privateness discover: A privateness discover ought to be clear and conspicuous, comprehensible to the patron, and designed to name consideration to the character and significance of the data contained therein. It ought to include quick explanatory sentences, bullet factors, and clear headings in addition to an simply readable typeface and kind measurement. (12 C.F.R. Sec. 1016.3(b))

The GLBA does not require that discover be supplied in a particular format. Nevertheless, all federal companies liable for implementing GLBA have adopted a ‘mannequin privateness discover’. FIs that use the mannequin privateness discover type could depend on it as a protected harbor for compliance with the content material necessities of GLBA.

See, 12 C.F.R. § 1016.2 and pt. 1016, App. A

Quick-form privateness notices: A brief-form privateness discover is a discover {that a} FI’s full privateness discover is obtainable on request and describing an affordable method shoppers can get hold of the total privateness discover. It should embrace an opt-out if vital.

Simplified privateness notices: If an FI solely shares NPI pursuant to part 14 and part 15 exceptions (see exceptions to the fitting to opt-out above) it might present a simplified privateness discover each initially and yearly (if it has modified its practices) stating:

  • an announcement that the FI doesn’t disclose and doesn’t reserve the fitting to reveal NPI;
  • the classes of NPI collected;
  • the FI’s insurance policies and practices intending to guard the confidentiality, safety, and integrity of NPI; and
  • any required description of the sharing.

12 C.F.R. § 1016.6(b)(5)

Supply course of: Privateness notices should be delivered in writing or, if the patron agrees, electronically. Discover could also be supplied through postal mail and in-person.

Digital supply contains posting a privateness discover within the FI’s web site and requiring clients to acknowledge receipt as a requirement to acquire a specific services or products. The digital discover ought to be positioned on a display screen or hyperlinked to a display screen that buyers often entry, similar to the house web page. The CFPB has suggested that FIs ought to guarantee shoppers are inspired to scroll down if essential to see the hyperlink and that different parts mustn’t distract consideration away from the privateness discover.

Notices given orally or posted in an workplace are usually not ample. See, 15 U.S.C. § 6803(a); 12 C.F.R. § 1016.9.

Timing for supply: As a basic rule, an FI should

(1) present to clients:

  • an preliminary privateness discover no later than when establishing a “buyer relationship,” (e.g. when a buyer opens a bank card account); and
  • an annual privateness discover annually in the course of the continuation of the “buyer relationship.” The annual privateness discover shouldn’t be required if the FI: (i) solely shares NPI below exceptions that let such disclosure (i.e., the FI shouldn’t be sharing in a method that might require it to offer an opt-out); AND (ii) has not modified its insurance policies and practices with regard to disclosing NPI from the insurance policies and practices that had been disclosed in the latest privateness discover despatched to the client. A FI should resume offering an annual privateness discover when the monetary establishment fails to fulfill the factors described above.

See, 15 U.S.C. § 6803(f) / 12 C.F.R. Sec 1016.4(a)(1) (preliminary discover) / 12 C.F.R. Sec. 1016.5 (annual discover)

(2) present to shoppers that aren’t clients (i.e. shoppers with whom the FI doesn’t have an ongoing relationship) an preliminary privateness discover earlier than sharing the NPI until an exemption permits the disclosure.

See, 12 C.F.R. §1016.7(a)(1); 12 C.F.R. §§ 1016.3(e)(1) (definition of ‘client’), 1016.4(a)(2) (preliminary discover) and 1016.10(a) (opt-out discover)

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