Can I share personal information about my customers with third parties in Michigan? What are the requirements?

Here are the requirements for sharing personal information about customers with third parties in Michigan:

Disclosure of Nonpublic Personal Financial Information

Under MICL 500.540, certain associations or facilities, including the Michigan life and health guaranty association, the property and casualty guaranty association, the Michigan automobile insurance placement facility, the Michigan worker’s compensation placement facility, and the assigned claims facility, are prohibited from disclosing or using nonpublic personal financial information except as provided in section 537(1)(a) to (e) or section 539(a) to (o).

Under MICL 500.529, a licensee shall not disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party unless all of the following are met:

• The licensee has provided to the consumer an initial notice.
• The licensee has provided to the consumer an opt-out notice as required in section 519.
• The licensee has given the consumer a reasonable opportunity, before it discloses the information to the nonaffiliated third party, to opt out of the disclosure and the consumer does not opt out.

Disclosure of Information by Utilities

Under MIAC R 460.10109, utilities shall comply at all times with applicable data privacy tariffs. Prior written approval of the customer is not required for the disclosure of a customer list to a program or service provider of an unregulated value-added program or service in compliance with section 10ee(10)(a) of 2016 PA 341, MCL 460.10ee(10)(a), or to otherwise comply with these rules. A customer list may include only the name and address of a customer. Information obtained by a utility in the course of conducting its regulated business shall not be shared directly or indirectly with its affiliates or other entities within the corporate structure offering unregulated value-added programs or services unless that same information is provided upon request to competitors operating in the service territory on the same terms and conditions and contemporaneously. Customer-specific consumption or billing data shall not be provided to any affiliate, other entity within the corporate structure offering unregulated value-added programs or services, or alternative electric supplier without prior written approval of the customer.

Initial, annual, and revised notices; information required; disclosure of nonpublic personal financial information.

Under MICL 500.515, a licensee must provide initial, annual, and revised notices that include specific information about the categories of nonpublic personal financial information collected and disclosed, the categories of affiliates and nonaffiliated third parties to whom the information is disclosed, and the consumer’s right to opt out of the disclosure of nonpublic personal financial information to nonaffiliated third parties.

Therefore, in Michigan, personal information about customers can only be shared with third parties under certain circumstances and with the customer’s consent. Utilities must comply with applicable data privacy tariffs and provide customers with information about their rights and responsibilities. Licensees must provide initial, annual, and revised notices that include specific information about the categories of nonpublic personal financial information collected and disclosed, the categories of affiliates and nonaffiliated third parties to whom the information is disclosed, and the consumer’s right to opt out of the disclosure of nonpublic personal financial information to nonaffiliated third parties.

Jurisdiction

Michigan

• Privacy