Section 45-14-01-15 - Exceptions to notice and authorization requirements for disclosure of nonpublic personal financial information for processing and servicing transactions1. Exceptions for processing transactions at consumer's request. The requirements for initial notice in subdivision b of subsection 1 of section 45-14-01-05, for notice and authorization in sections 45-14-01-08 and 45-14-01-11 and for service providers and joint marketing in section 45-14-01-14 do not apply if the licensee discloses nonpublic personal financial information as necessary to effect, administer, or enforce a transaction that a consumer requests or authorizes, or in connection with: a. Servicing or processing an insurance product or service that a consumer requests or authorizes; b. Maintaining or servicing the consumer's account with a licensee, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity; c. A proposed or actual securitization, secondary market sale, including sales of servicing rights, or similar transaction related to a transaction of the consumer; d. Reinsurance or stop-loss or excess loss insurance; e. Informing a policyholder or the policyholder's producer or broker with respect to a claim asserted by, or paid to, a consumer under the policy and servicing and processing such claim; or f. Maintaining or servicing a customer's account as authorized by the customer, orally or otherwise, or as necessary to replace an insurance product or service that is nonrenewed as a result of the withdrawal of an insurer from a market. 2. "Necessary to effect, administer, or enforce a transaction" means that the disclosure is: a. Required, or is one of the lawful or appropriate methods, to enforce the licensee's rights or the rights of other persons engaged in carrying out the financial transaction or providing the product or service; or b. Required, or is a usual, appropriate, or acceptable method: (1) To carry out the transaction or the product or service business of which the transaction is a part, and record, service, or maintain the consumer's account in the ordinary course of providing the insurance product or service; (2) To administer or service benefits or claims relating to the transaction or the product or service business of which it is a part; (3) To provide a confirmation, explanation, statement, or other record of the transaction, or information on the status or value of the insurance product or service to the consumer or the consumer's producer or a policyholder or the policyholder's agent, producer, or broker with respect to a claim asserted by, or paid to, a consumer under a policy; (4) To accrue or recognize incentives or bonuses associated with the transaction that are provided by a licensee or any other party; (5) To underwrite insurance at the consumer's request or for any of the following purposes as they relate to a consumer's insurance or the policyholder's insurance: account administration, reporting, investigating or preventing fraud or material misrepresentation; processing premium payments; processing, adjusting, paying, and, settling insurance claims; administering insurance benefits including utilization review activities; participating in research projects; or as otherwise required or specifically permitted by federal or state law; or (6) In connection with: (a) The authorization, settlement, billing, processing, clearing, transferring, reconciling, or collection of amounts charged, debited, or otherwise paid using a debit, credit, or other payment card, check or account number, or by other payment means; (b) The transfer of receivables, accounts, or interests therein; or (c) The audit of debit, credit, or other payment information. N.D. Admin Code 45-14-01-15
Effective December 1, 2001; amended effective November 1, 2004.General Authority: NDCC 28-32-02
Law Implemented: NDCC 26.1-02-27