Can I skip obtaining consent to disclose personal information for a business purpose in Florida? What are the requirements?

To disclose personal information for a business purpose in Florida, you generally need to obtain consent from the consumer. However, there are exceptions to this requirement as outlined in Florida Administrative Code 69O-128.016 and 69J-128.016. These exceptions include:

• Disclosure with the consent or at the direction of the consumer, provided that the consumer has not revoked the consent or direction.
• Disclosure to protect the confidentiality or security of a licensee’s records pertaining to the consumer, service, product, or transaction; to protect against or prevent actual or potential fraud or unauthorized transactions; for required institutional risk control or for resolving consumer disputes or inquiries; to persons holding a legal or beneficial interest relating to the consumer; or to persons acting in a fiduciary or representative capacity on behalf of the consumer.
• Disclosure to provide information to insurance rate advisory organizations, guaranty funds or agencies, agencies that are rating a licensee, persons that are assessing the licensee’s compliance with industry standards, and the licensee’s attorneys, accountants, and auditors.
• Disclosure to comply with federal, state, or local laws, rules, and other applicable legal requirements; to comply with a properly authorized civil, criminal, or regulatory investigation, or subpoena or summons by federal, state, or local authorities; or to respond to judicial process or government regulatory authorities having jurisdiction over a licensee for examination, compliance, or other purposes as authorized by law.
• Disclosure for purposes related to the replacement of a group benefit plan, a group health plan, a group welfare plan, or a workers’ compensation plan.
• Disclosure pursuant to the provisions of chapter 631, F.S., the Office is required to collect on reinsurance policies, pay claims, transfer policies to other insurers, and engage in similar activities with respect to insurers which are in receivership.

Please note that these exceptions have specific requirements and limitations, which are outlined in detail in the Florida Administrative Code 69O-128.016 and 69J-128.016.

Jurisdiction

Florida

• Privacy