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Can I ignore consumer requests for information or deletion in Rhode Island? What are the requirements?

Consumer Requests for Information or Deletion in Rhode Island

Rhode Island law requires licensees to provide consumers with certain information about their privacy practices and to honor certain requests from consumers regarding their personal information.

Information To Be Included In Privacy Notices [2.2]

Licensees must provide an initial, annual, and revised privacy notice that includes the following information:

  1. The categories of nonpublic personal financial information that the licensee collects;
  2. The categories of nonpublic personal financial information that the licensee discloses;
  3. The categories of affiliates and nonaffiliated third parties to whom the licensee discloses nonpublic personal financial information, other than those parties to whom the licensee discloses information under §§ 7.16 and 7.17 of this Part;
  4. The categories of nonpublic personal financial information about the licensee’s former customers that the licensee discloses and the categories of affiliates and nonaffiliated third parties to whom the licensee discloses nonpublic personal financial information about the licensee’s former customers, other than those parties to whom the licensee discloses information under §§ 7.16 and 7.17 of this Part;
  5. If a licensee discloses nonpublic personal financial information to a nonaffiliated third party under § 7.15 of this Part (and no other exception in §§ 7.16 and 7.17 of this Part applies to that disclosure), a separate description of the categories of information the licensee discloses and the categories of third parties with whom the licensee has contracted;
  6. An explanation of the consumer’s right under § 7.12(A) of this Part to opt out of the disclosure of nonpublic personal financial information to nonaffiliated third parties, including the methods by which the consumer may exercise that right at that time;
  7. Any disclosures that the licensee makes under Section 603(d)(2)(A)(iii) of the federal Fair Credit Reporting Act (15 U.S.C. § 1681a(d)(2)(A)(iii)) (that is, notices regarding the ability to opt out of disclosures of information among affiliates);
  8. The licensee’s policies and practices with respect to protecting the confidentiality and security of nonpublic personal financial information; and
  9. Any disclosure that the licensee makes under § 7.7(B) of this Part.

Deletion of Nondisclosable Information [1.1]

The Executive Director of the Corporation shall determine if information contained in a document which is the basis for its nondisclosure can be deleted. If so, the document shall be made available to members of the public once the necessary deletions have been completed if disclosure of the non-deleted portions does not violate the intent of R.I. Gen. Laws Chapter 38-2 regarding access to Public Records.

Consumer Requests for Information or Deletion

Rhode Island law does not explicitly address whether a licensee can ignore consumer requests for information or deletion. However, licensees are required to provide consumers with certain information about their privacy practices and to honor certain requests from consumers regarding their personal information. Therefore, it is recommended that licensees comply with consumer requests for information or deletion to avoid potential legal issues.

If a licensee receives a request from a consumer to delete their personal information, the licensee should determine whether the information is necessary for a legitimate business purpose or is required by law. If the information is not necessary or required, the licensee should delete the information. If the information is necessary or required, the licensee should inform the consumer of the reason why the information cannot be deleted.

Licensees should also establish procedures for verifying the identity of consumers making requests for information or deletion to prevent unauthorized access to personal information.

Exceptions to Notice and Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information [2.1][2.3]

Rhode Island law provides exceptions to the notice and opt-out requirements for disclosure of nonpublic personal financial information. These exceptions include, but are not limited to, disclosures made with the consent or at the direction of the consumer, disclosures to protect the confidentiality or security of a licensee’s records, disclosures to comply with federal, state, or local laws, and disclosures for purposes related to the replacement of a group benefit plan, a group health plan, or a group welfare plan.

However, it is important to note that these exceptions do not necessarily mean that a licensee can ignore consumer requests for information or deletion. Licensees should still comply with consumer requests to the extent possible and should establish procedures for verifying the identity of consumers making such requests.

Conclusion

Rhode Island law requires licensees to provide consumers with certain information about their privacy practices and to honor certain requests from consumers regarding their personal information. It is recommended that licensees comply with consumer requests for information or deletion to avoid potential legal issues. Licensees should also establish procedures for verifying the identity of consumers making requests for information or deletion to prevent unauthorized access to personal information. Exceptions to the notice and opt-out requirements for disclosure of nonpublic personal financial information exist, but they do not necessarily mean that a licensee can ignore consumer requests for information or deletion.

Source(s):
Jurisdiction

Rhode Island