Page:United States Statutes at Large Volume 113 Part 2.djvu/424

 113 STAT. 1444 PUBLIC LAW 106-102—NOV. 12, 1999 transfer nonpublic personal information to a nonaffiliated third party. (4) NONPUBLIC PERSONAL INFORMATION. — (A) The term "nonpublic personal information" means personally identifiable financial information— (i) provided by a consumer to a financial institution; (ii) resulting from any transaction with the consumer or any service performed for the consumer; or (iii) otherwise obtained by the financial institution. (B) Such term does not include publicly available information, as such term is defined by the regulations prescribed under section 504. (C) Notwithstanding subparagraph (B), such term— (i) shall include any list, description, or other grouping of consumers (and publicly available information pertaining to them) that is derived using any nonpublic personal information other than publicly available information; but (ii) shall not include any list, description, or other grouping of consumers (and publicly available information pertaining to them) that is derived without using any nonpublic personal information. (5) NONAFFILIATED THIRD PARTY.—The term "nonaffiliated third party" means any entity that is not an affiliate of, or related by common ownership or affiliated by corporate control with, the financial institution, but does not include a joint employee of such institution. (6) AFFILIATE.— The term "affiliate" means any company that controls, is controlled by, or is under common control with another company. (7) NECESSARY TO EFFECT, ADMINISTER, OR ENFORCE. —The term "as necessary to effect, administer, or enforce the transaction" means— (A) the disclosure is required, or is a usual, appropriate, or acceptable method, to carry out the transaction or the product or service business of which the transaction is a part, and record or service or maintain the consumer's account in the ordinary course of providing the financial service or financial product, or to administer or service benefits or claims relating to the transaction or the product or service business of which it is a part, and includes— (i) providing the consumer or the consumer's agent or broker with a confirmation, statement, or other record of the transaction, or information on the status or value of the financial service or financial product; and (ii) the accrual or recognition of incentives or bonuses associated with the transaction that are provided by the financial institution or any other party; (B) the disclosure is required, or is one of the lawful or appropriate methods, to enforce the rights of the financial institution or of other persons engaged in carr3ring out the financial transaction, or providing the product or service; (C) the disclosure is required, or is a usual, appropriate, or acceptable method, for insurance underwriting at the

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