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Can I prioritize privacy compliance to gain a competitive advantage, reduce the possibility of regulatory issues, and help secure valuable partnerships in Tennessee? What are the requirements?
Prioritizing Privacy Compliance in Tennessee
Yes, prioritizing privacy compliance can provide a competitive advantage, reduce the possibility of regulatory issues, and help secure valuable partnerships in Tennessee.
Requirements for Privacy Compliance
To comply with privacy regulations in Tennessee, businesses must adhere to the following requirements:
- Rights to Privacy: Every patient entering and receiving care at a healthcare facility licensed by the board for licensing healthcare facilities has the expectation of and right to privacy for care received at such facility [1.1].
- Initial Privacy Notice to Consumers Required: A licensee shall provide a clear and conspicuous notice that accurately reflects its privacy policies and practices to a customer and a consumer before disclosing any nonpublic personal information about the consumer to any nonaffiliated third party [2.2].
- Information to be Included in Privacy Notices: The initial, annual, and revised privacy notices that a licensee provides shall include each of the following items of information:
- The categories of nonpublic personal information that the licensee collects and discloses
- The categories of affiliates and nonaffiliated third parties to whom the licensee discloses nonpublic personal information
- The licensee’s policies and practices with respect to protecting the confidentiality and security of nonpublic personal information [2.3].
- Opt-Out Provision: The privacy notice must include an explanation of the consumer’s right to opt-out of the disclosure of nonpublic personal information to nonaffiliated third parties [2.3].
- Exceptions to Allow Subsequent Delivery of Notice: A licensee may provide the initial notice required within a reasonable time after the licensee establishes a customer relationship if establishing the customer relationship is not at the customer’s election or providing notice not later than when the licensee establishes a customer relationship would substantially delay the customer’s transaction and the customer agrees to receive the notice at a later time [2.2].
- Revised Privacy Notices: A licensee shall not, directly or through an affiliate, disclose any nonpublic personal information about a consumer to a nonaffiliated third party other than as described in the initial notice that the licensee provided to that consumer unless the licensee has provided to the consumer a clear and conspicuous revised notice that accurately describes its policies and practices, a new opt-out notice, and given the consumer a reasonable opportunity to opt-out of the disclosure [2.1].
- Annual Privacy Notices to Customers Required: A licensee shall provide a clear and conspicuous notice to customers that accurately reflects its privacy policies and practices not less than annually during the continuation of the customer relationship [2.4].
- Exception to Opt-Out Requirements for Disclosure of Nonpublic Personal Information for Service Providers and Joint Marketing: A licensee may disclose nonpublic personal information to a nonaffiliated third party without providing an opt-out notice if the disclosure is to a service provider or for the purpose of performing joint marketing with another financial institution [2.5].
Conclusion
Prioritizing privacy compliance can provide a competitive advantage, reduce the possibility of regulatory issues, and help secure valuable partnerships in Tennessee. To comply with privacy regulations in Tennessee, businesses must adhere to the requirements outlined above.
Source(s):
- [1.1] Rights to privacy.
- [2.1] REVISED PRIVACY NOTICES
- [2.2] INITIAL PRIVACY NOTICE TO CONSUMERS REQUIRED
- [2.3] INFORMATION TO BE INCLUDED IN PRIVACY NOTICES
- [2.4] ANNUAL PRIVACY NOTICES TO CUSTOMERS REQUIRED
- [2.5] EXCEPTION TO OPT OUT REQUIREMENTS FOR DISCLOSURE OF NONPUBLIC PERSONAL INFORMATION FOR SERVICE PROVIDERS AND JOINT MARKETING
Jurisdiction
Tennessee