Uncategorised
Gramm-Leach-Bliley privacy rules to change

The US Consumer Financial Protection Bureau, after liaising with the SEC and CFTC, is to let some banks and other financial institutions to post their privacy policies online rather than having to send them off in the post every year.
Under
the US Gramm–Leach–Bliley Act 1999, every financial
institution must provide each client with a privacy notice
that
describes the information it gathers about him and states how
it
safeguards and/or shares this information and with whom. The bank
(or
mortgage broker, insurance carrier or other 'covered
institution')
must hand this privacy notice to the client before it can obtain
his
formal agreement to begin doing business with him. It must then
do so
annually thereafter.
Now,
once a rule (RIN 3170-AA39) issued by the Consumer Financial
Protection Bureau appears in the Federal Register, some banks
and
other financial institutions will be allowed to post their
privacy
policies online rather than having to send them off in the post
every
year. In exchange, the financial institution can only use the
alternative delivery method if:
(1)
it does not disclose the customer’s nonpublic personal
information
to non-affiliated third parties in a manner that triggers
GLBA
opt-out rights;
(2)
it does not include on its annual privacy notice an opt-out
notice
under s603(d)(2)(A)(iii) Fair Credit Reporting Act;
(3)
the requirements of s624 FCRA and the Affiliate
Marketing
Rule, if applicable, have been satisfied previously or the
annual
privacy notice is not the only notice provided to satisfy
such
requirements;
(4)
the information included in the privacy notice has not changed
since
the customer received the previous notice (subject to an
exception);
and
(5)
it uses the model form provided in the G-L-B Act’s
implementing Regulation P.
Under
the alternative delivery method, the financial institution would
have
to:
(1)
convey in a clear and conspicuous manner not less than annually
on an
account statement, coupon book, or a notice or disclosure the
institution issues under any provision of law that its privacy
notice
is available on its website, it will be mailed to customers
who
request it by telephone, and it has not changed;
(2)
post its current privacy notice in a continuous and clear and
conspicuous manner on a page of its website on which the only
content
is the privacy notice, without requiring a login name or
similar
steps or agreeing to any conditions to access the page; and
(3)
mail its current privacy notice to customers who request it
by
telephone within ten days of the request.