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

To disclose personal information for a business purpose in Tennessee, you generally need to obtain consent from the consumer. However, there are exceptions to this requirement as outlined in TNRR Section 0780-1-72-.16 [1.1]. 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.

If you are disclosing nonpublic personal information received from a nonaffiliated financial institution, you must also comply with the limits on redisclosure and reuse of nonpublic personal information as outlined in TNRR Section 0780-1-72-.12 [1.1].

There is an exception to the opt-out requirements for disclosure of nonpublic personal information for service providers and joint marketing as outlined in TNRR Section 0780-1-72-.14 [1.2]. The opt-out requirements in Sections 0780-1-72-.08 and 0780-1-72-.11 do not apply when a licensee provides nonpublic personal information to a nonaffiliated third party to perform services for the licensee or functions on the licensee’s behalf, if the licensee provides the initial notice in accordance with Section 0780-1-72-.05 and enters into a contractual agreement with the third party that prohibits the third party from disclosing or using the information other than to carry out the purposes for which the licensee disclosed the information, including use under an exception in Sections 0780-1-72-.15 or 0780-1-72-.16 in the ordinary course of business to carry out those purposes.

Please note that this is not an exhaustive list of requirements and exceptions. For more information, please refer to the relevant Tennessee regulations [1.1][1.2][1.3][1.4][2.1][3.1].

Source(s):
Jurisdiction

Tennessee