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15 U.S.C. § 6803 — Disclosure of institution privacy policy

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 6803 — Disclosure of institution privacy policy

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Stable record: federal_law:legal_authorities:record_usc_310913ae753a0bfacddacaef
Source file: Laws/federal/codes/united-states-code/title-15/section-6803-disclosure-of-institution-privacy-policy--3f5b038e95.md
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Source location: Title 15, Chapter 94, § 6803; chapter-094-privacy.md

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**(a) Disclosure required** At the time of establishing a customer relationship with a consumer and not less than annually during the continuation of such relationship, a financial institution shall provide a clear and conspicuous disclosure to such consumer, in writing or in electronic form or other form permitted by the regulations prescribed under [section 6804 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6804&num=0&edition=prelim), of such financial institution’s policies and practices with respect to— (1) disclosing nonpublic personal information to affiliates and nonaffiliated third parties, consistent with [section 6802 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6802&num=0&edition=prelim), including the categories of information that may be disclosed; (2) disclosing nonpublic personal information of persons who have ceased to be customers of the financial institution; and (3) protecting the nonpublic personal information of consumers. **(b) Regulations** Disclosures required by subsection (a) shall be made in accordance with the regulations prescribed under [section 6804 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6804&num=0&edition=prelim). **(c) Information to be included** The disclosure required by subsection (a) shall include— (1) the policies and practices of the institution with respect to disclosing nonpublic personal information to nonaffiliated third parties, other than agents of the institution, consistent with [section 6802 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6802&num=0&edition=prelim), and including— (A) the categories of persons to whom the information is or may be disclosed, other than the persons to whom the information may be provided pursuant to [section 6802(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6802/e&num=0&edition=prelim); and (B) the policies and practices of the institution with respect to disclosing of nonpublic personal information of persons who have ceased to be customers of the financial institution; (2) the categories of nonpublic personal information that are collected by the financial institution; (3) the policies that the institution maintains to protect the confidentiality and security of nonpublic personal information in accordance with [section 6801 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6801&num=0&edition=prelim); and (4) the disclosures required, if any, under [section 1681a(d)(2)(A)(iii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681a/d/2/A/iii&num=0&edition=prelim). **(d) Exemption for certified public accountants** (1) **In general** — The disclosure requirements of subsection (a) do not apply to any person, to the extent that the person is— (A) a certified public accountant; (B) certified or licensed for such purpose by a State; and (C) subject to any provision of law, rule, or regulation issued by a legislative or regulatory body of the State, including rules of professional conduct or ethics, that prohibits disclosure of nonpublic personal information without the knowing and expressed consent of the consumer. (2) **Limitation** — Nothing in this subsection shall be construed to exempt or otherwise exclude any financial institution that is affiliated or becomes affiliated with a certified public accountant described in paragraph (1) from any provision of this section. (3) **Definitions** — For purposes of this subsection, the term “State” means any State or territory of the United States, the District of Columbia, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, or the Northern Mariana Islands. **(e) Model forms** (1) **In general** — The agencies referred to in [section 6804(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6804/a/1&num=0&edition=prelim) shall jointly develop a model form which may be used, at the option of the financial institution, for the provision of disclosures under this section. (2) **Format** — A model form developed under paragraph (1) shall— (A) be comprehensible to consumers, with a clear format and design; (B) provide for clear and conspicuous disclosures; (C) enable consumers easily to identify the sharing practices of a financial institution and to compare privacy practices among financial institutions; and (D) be succinct, and use an easily readable type font. (3) **Timing** — A model form required to be developed by this subsection shall be issued in proposed form for public comment not later than 180 days after October 13, 2006. (4) **Safe harbor** — Any financial institution that elects to provide the model form developed by the agencies under this subsection shall be deemed to be in compliance with the disclosures required under this section. **(f) Exception to annual notice requirement** A financial institution that— (1) provides nonpublic personal information only in accordance with the provisions of subsection (b)(2) or (e) of [section 6802 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6802&num=0&edition=prelim) or regulations prescribed under [section 6804(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6804/b&num=0&edition=prelim), and (2) has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with this section, shall not be required to provide an annual disclosure under this section until such time as the financial institution fails to comply with any criteria described in paragraph (1) or (2).

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 6804 — Rulemaking

**(a) Regulatory authority** (1) **Rulemaking** (A) *In general* — Except as provided in subparagraph (C), the Bureau of Consumer Financial Protection and the Securities and Exchange Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to financial institutions and other persons subject to their respective jurisdiction under [section 6805 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6805&num=0&edition=prelim) (and notwithstanding subtitle B of the Consumer Financial Protection Act of 2010 [[12 U.S.C. 5511](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5511&num=0&edition=prelim) et seq.]), except that the Bureau of Consumer Financial Protection shall not have authority to prescribe regulations with respect to the standards under [section 6801 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6801&num=0&edition=prelim). (B) *CFTC* — The Commodity Futures Trading Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to financial institutions and other persons subject to the jurisdiction of the Commodity Futures Trading Commission under [section 7b–2 of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7b–2&num=0&edition=prelim). (C) *Federal Trade Commission authority* — Notwithstanding the authority of the Bureau of Consumer Financial Protection under subparagraph (A), the Federal Trade Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to any financial ins

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 6804

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 6802 — Obligations with respect to disclosures of personal information

**(a) Notice requirements** Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with [section 6803 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6803&num=0&edition=prelim). **(b) Opt out** (1) **In general** — A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless— (A) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under [section 6804 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6804&num=0&edition=prelim), that such information may be disclosed to such third party; (B) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party; and (C) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. (2) **Exception** — This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institution’s own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under [section 6804 of this title](htt

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 6802

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 6801 — Protection of nonpublic personal information

**(a) Privacy obligation policy** It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers’ nonpublic personal information. **(b) Financial institutions safeguards** In furtherance of the policy in subsection (a), each agency or authority described in [section 6805(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6805/a&num=0&edition=prelim), other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards— (1) to insure the security and confidentiality of customer records and information; (2) to protect against any anticipated threats or hazards to the security or integrity of such records; and (3) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer.

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 6801

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Federal law — U.S. Code and appendices · legal_authorities

48 U.S.C. § 1681 — Continuance of civil government for Trust Territory of the Pacific Islands; assistance programs; maximum fiscal year costs; reimbursement

**(a)** Until Congress shall further provide for the government of the Trust Territory of the Pacific Islands, all executive, legislative, and judicial authority necessary for the civil administration of the Trust Territory shall continue to be vested in such person or persons and shall be exercised in such manner and through such agency or agencies as the President of the United States may direct or authorize. **(b)** The head of any department, corporation, or other agency of the executive branch of the Government may, upon the request of the Secretary of the Interior, extend to the Trust Territory of the Pacific Islands, with or without reimbursement, scientific, technical, and other assistance under any program administered by such agency, or extend to the Trust Territory any Federal program administered by such agency, if the assistance or program will promote the welfare of the Trust Territory, notwithstanding any provision of law under which the Trust Territory may otherwise be ineligible for the assistance or program: Provided, That the Secretary of the Interior shall not request assistance pursuant to this subsection that involves, in the aggregate, an estimated nonreimbursable cost in any one fiscal year in excess of $150,000: Provided further, That the cost of any program extended to the Trust Territory under this subsection shall be reimbursable out of appropriations authorized and made for the government of the Trust Territory pursuant to section 2 of this Act, as amended. The provisions of this subsection shall not apply to financial assistance under a grant-in-aid program.

Source: Supplied U.S. Code snapshot — release unconfirmed · 48 U.S.C. § 1681

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 6803 — Disclosure of institution privacy policy

Page 2291 TITLE 15—COMMERCE AND TRADE § 6803 1 So in original. Probably should be followed by a comma. stitution’s compliance with industry stand- ards, and the institution’s attorneys, account- ants, and auditors; (5) to the extent specifically permitted or re- quired under other provisions of law and in ac- cordance with the Right to Financial Privacy Act of 1978 [12 U.S.C. 3401 et seq.], to law en- forcement agencies (including the Bureau of Consumer Financial Protection 1 a Federal functional regulator, the Secretary of the Treasury with respect to subchapter II of chapter 53 of title 31, and chapter 2 of title I of Public Law 91–508 (12 U.S.C. 1951–1959), a State insurance authority, or the Federal Trade Commission), self-regulatory organiza- tions, or for an investigation on a matter re- lated to public safety; (6)(A) to a consumer reporting agency in ac- cordance with the Fair Credit Reporting Act [15 U.S.C. 1681 et seq.], or (B) from a consumer report reported by a consumer reporting agen- cy; (7) in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal information concerns solely consumers of such business or unit; or (8) to comply with Federal, State, or local laws, rules, and other applicable legal require- ments; 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 the financial institu- tion for examination, compliance, or other purposes as authorized by law. (Pub. L. 106–102, title V, § 502, Nov. 12, 1999, 113 Stat. 1437; Pub. L. 111

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 6803

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