Gramm Leach Bliley Act

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Gramm Leach Bliley Act
Short Title Gramm–Leach–Bliley Act (GLBA)
Official Text Gramm Leach Bliley Act
Country/Jurisdiction United States
State or Province
Regulatory Bodies FTC
Date Enacted 1999/11/12

Scope of the Law Financial Institutions
Information

Taxonomy Breach of Confidentiality, Disclosure, Distortion, Exclusion, Insecurity
Strategies

The Gramm–Leach–Bliley Act (GLBA) provides customers to have secured information by financial institutions. The Act also prevents financial institutions from disclosing individuals' nonpublic personal information which is confidential. However, individuals have the right to choose whether the information is disclosed under the Act.

Text of the law

SEC. 501. 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 505(a) 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.

SEC. 502. OBLIGATIONS WITH RESPECT TO DISCLOSURES OF PERSONAL INFORMATION.

(a) NOTICE REQUIREMENTS.—Except as otherwise provided in this subtitle, 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 503.

(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 504, 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. Exclusion, Secondary Use


SEC. 508. STUDY OF INFORMATION SHARING AMONG FINANCIAL AFFILIATES.

(a) IN GENERAL.—The Secretary of the Treasury, in conjunction with the Federal functional regulators and the Federal Trade Commission, shall conduct a study of information sharing practices among financial institutions and their affiliates. Such study shall include— Insecurity, Breach of Confidentiality


(1) the purposes for the sharing of confidential customer information with affiliates or with nonaffiliated third parties;

(2) the extent and adequacy of security protections for such information;

(3) the potential risks for customer privacy of such sharing of information;

(4) the potential benefits for financial institutions and affiliates of such sharing of information;

(5) the potential benefits for customers of such sharing of information;

(6) the adequacy of existing laws to protect customer privacy;

(7) the adequacy of financial institution privacy policy and privacy rights disclosure under existing law;


(8) the feasibility of different approaches, including optout and opt-in, to permit customers to direct that confidential information not be shared with affiliates and nonaffiliated third parties; and

(9) the feasibility of restricting sharing of information for specific uses or of permitting customers to direct the uses for which information may be shared.

SEC. 521. PRIVACY PROTECTION FOR CUSTOMER INFORMATION OF FINANCIAL INSTITUTIONS. Insecurity, Disclosure


(a) PROHIBITION ON OBTAINING CUSTOMER INFORMATION BY FALSE PRETENSES.—It shall be a violation of this subtitle for any person to obtain or attempt to obtain, or cause to be disclosed or attempt to cause to be disclosed to any person, customer information of a financial institution relating to another person—

(1) by making a false, fictitious, or fraudulent statement or representation to an officer, employee, or agent of a financial institution;

(2) by making a false, fictitious, or fraudulent statement or representation to a customer of a financial institution; or

(3) by providing any document to an officer, employee, or agent of a financial institution, knowing that the document is forged, counterfeit, lost, or stolen, was fraudulently obtained, or contains a false, fictitious, or fraudulent statement or representation.

(b) PROHIBITION ON SOLICITATION OF A PERSON TO OBTAIN CUSTOMER INFORMATION FROM FINANCIAL INSTITUTION UNDER FALSE PRETENSES.—It shall be a violation of this subtitle to request a person to obtain customer information of a financial institution, knowing that the person will obtain, or attempt to obtain, the information from the institution in any manner described in subsection (a).

(c) NONAPPLICABILITY TO LAW ENFORCEMENT AGENCIES.—No provision of this section shall be construed so as to prevent any action by a law enforcement agency, or any officer, employee, or agent of such agency, to obtain customer information of a financial institution in connection with the performance of the official duties of the agency.

(d) NONAPPLICABILITY TO FINANCIAL INSTITUTIONS IN CERTAIN CASES.—No provision of this section shall be construed so as to prevent any financial institution, or any officer, employee, or agent of a financial institution, from obtaining customer information of such financial institution in the course of—

(1) testing the security procedures or systems of such institution for maintaining the confidentiality of customer information;

(2) investigating allegations of misconduct or negligence on the part of any officer, employee, or agent of the financial institution; or

(3) recovering customer information of the financial institution which was obtained or received by another person in any manner described in subsection (a) or (b).

(e) NONAPPLICABILITY TO INSURANCE INSTITUTIONS FOR INVESTIGATION OF INSURANCE FRAUD.—No provision of this section shall be construed so as to prevent any insurance institution, or any officer, employee, or agency of an insurance institution, from obtaining information as part of an insurance investigation into criminal activity, fraud, material misrepresentation, or material nondisclosure that is authorized for such institution under State law, regulation, interpretation, or order.

(f) NONAPPLICABILITY TO CERTAIN TYPES OF CUSTOMER INFORMATION OF FINANCIAL INSTITUTIONS.—No provision of this section shall be construed so as to prevent any person from obtaining customer information of a financial institution that otherwise is available as a public record filed pursuant to the securities laws (as defined in section 3(a)(47) of the Securities Exchange Act of 1934).

(g) NONAPPLICABILITY TO COLLECTION OF CHILD SUPPORT JUDGMENTS.—No provision of this section shall be construed to prevent any State-licensed private investigator, or any officer, employee, or agent of such private investigator, from obtaining customer information of a financial institution, to the extent reasonably necessary to collect child support from a person adjudged to have been delinquent in his or her obligations by a Federal or State court, and to the extent that such action by a State-licensed private investigator is not unlawful under any other Federal or State law or regulation, and has been authorized by an order or judgment of a court of competent jurisdiction.

SEC. 503. DISCLOSURE OF INSTITUTION PRIVACY POLICY.

   (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 504, 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 502, 
       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.

Such disclosures shall be made in accordance with the regulations prescribed under section 504.

   (b) 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 502 of this subtitle, 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 502(e); 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 501; and
           (4) the disclosures required, if any, under section 
       603(d)(2)(A)(iii) of the Fair Credit Reporting Act.

SEC. 504. RULEMAKING.

   (a) Regulatory Authority.--
           (1) Rulemaking.--The Federal banking agencies, the National 
       Credit Union Administration, the Secretary of the Treasury, the 
       Securities and Exchange Commission, and the Federal Trade 
       Commission shall each prescribe, after consultation as 
       appropriate with representatives of State insurance authorities 
       designated by the National Association of Insurance 
       Commissioners, such regulations as may be necessary to carry out 
       the purposes of this subtitle with respect to the financial 
       institutions subject to their jurisdiction under section 505.
           (2) Coordination, consistency, and comparability.--Each of 
       the agencies and authorities required under paragraph (1) to 
       prescribe regulations shall consult and coordinate with
       the other such agencies and authorities for the purposes of 
       assuring, to the extent possible, that the regulations 
       prescribed by each such agency and authority are consistent and 
       comparable with the regulations prescribed by the other such 
       agencies and authorities.
           (3) Procedures and deadline.--Such regulations shall be 
       prescribed in accordance with applicable requirements of title 
       5, United States Code, and shall be issued in final form not 
       later than 6 months after the date of the enactment of this Act.
   (b) Authority To Grant Exceptions.--The regulations prescribed under 

subsection (a) may include such additional exceptions to subsections (a) through (d) of section 502 as are deemed consistent with the purposes of this subtitle.

SEC. 505. ENFORCEMENT.

   (a) In General.--This subtitle and the regulations prescribed 

thereunder shall be enforced by the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, as follows:

           (1) Under section 8 of the Federal Deposit Insurance Act, in 
       the case of--
                   (A) national banks, Federal branches and Federal 
               agencies of foreign banks, and any subsidiaries of such 
               entities (except brokers, dealers, persons providing 
               insurance, investment companies, and investment 
               advisers), by the Office of the Comptroller of the 
               Currency;
                   (B) member banks of the Federal Reserve System 
               (other than national banks), branches and agencies of 
               foreign banks (other than Federal branches, Federal 
               agencies, and insured State branches of foreign banks), 
               commercial lending companies owned or controlled by 
               foreign banks, organizations operating under section 25 
               or 25A of the Federal Reserve Act, and bank holding 
               companies and their nonbank subsidiaries or affiliates 
               (except brokers, dealers, persons providing insurance, 
               investment companies, and investment advisers), by the 
               Board of Governors of the Federal Reserve System;
                   (C) banks insured by the Federal Deposit Insurance 
               Corporation (other than members of the Federal Reserve 
               System), insured State branches of foreign banks, and 
               any subsidiaries of such entities (except brokers, 
               dealers, persons providing insurance, investment 
               companies, and investment advisers), by the Board of 
               Directors of the Federal Deposit Insurance Corporation; 
               and
                   (D) savings associations the deposits of which are 
               insured by the Federal Deposit Insurance Corporation, 
               and any subsidiaries of such savings associations 
               (except brokers, dealers, persons providing insurance, 
               investment companies, and investment advisers), by the 
               Director of the Office of Thrift Supervision.
           (2) Under the Federal Credit Union Act, by the Board of the 
       National Credit Union Administration with respect to any 
       federally insured credit union, and any subsidiaries of such an 
       entity.
           (3) Under the Securities Exchange Act of 1934, by the 
       Securities and Exchange Commission with respect to any broker or 
       dealer.
           (4) Under the Investment Company Act of 1940, by the 
       Securities and Exchange Commission with respect to investment 
       companies.
           (5) Under the Investment Advisers Act of 1940, by the 
       Securities and Exchange Commission with respect to investment 
       advisers registered with the Commission under such Act.
           (6) Under State insurance law, in the case of any person 
       engaged in providing insurance, by the applicable State 
       insurance authority of the State in which the person is 
       domiciled, subject to section 104 of this Act.
           (7) Under the Federal Trade Commission Act, by the Federal 
       Trade Commission for any other financial institution or other 
       person that is not subject to the jurisdiction of any agency or 
       authority under paragraphs (1) through (6) of this subsection.
   (b) Enforcement of Section 501.--
           (1) In general.--Except as provided in paragraph (2), the 
       agencies and authorities described in subsection (a) shall 
       implement the standards prescribed under section 501(b) in the 
       same manner, to the extent practicable, as standards prescribed 
       pursuant to section 39(a) of the Federal Deposit Insurance Act 
       are implemented pursuant to such section.
           (2) Exception.--The agencies and authorities described in 
       paragraphs (3), (4), (5), (6), and (7) of subsection (a) shall 
       implement the standards prescribed under section 501(b) by rule 
       with respect to the financial institutions and other persons 
       subject to their respective jurisdictions under subsection (a).
   (c) Absence of State Action.--If a State insurance authority fails 

to adopt regulations to carry out this subtitle, such State shall not be eligible to override, pursuant to section 47(g)(2)(B)(iii) of the Federal Deposit Insurance Act, the insurance customer protection regulations prescribed by a Federal banking agency under section 47(a) of such Act.

   (d) Definitions.--The terms used in subsection (a)(1) that are not 

defined in this subtitle or otherwise defined in section 3(s) of the Federal Deposit Insurance Act shall have the same meaning as given in section 1(b) of the International Banking Act of 1978.

SEC. 506. PROTECTION OF FAIR CREDIT REPORTING ACT.

   (a) Amendment.--Section 621 of the Fair Credit Reporting Act (15 

U.S.C. 1681s) is amended--

           (1) in subsection (d), by striking everything following the 
       end of the second sentence; and
           (2) by striking subsection (e) and inserting the following:
   ``(e) Regulatory Authority.--
           ``(1) The Federal banking agencies referred to in paragraphs 
       (1) and (2) of subsection (b) shall jointly prescribe such 
       regulations as necessary to carry out the purposes of this Act 
       with respect to any persons identified under paragraphs (1) and 
       (2) of subsection (b), and the Board of Governors of the Federal 
       Reserve System shall have authority to prescribe regulations 
       consistent with such joint regulations with respect to bank
       holding companies and affiliates (other than depository 
       institutions and consumer reporting agencies) of such holding 
       companies.
           ``(2) The Board of the National Credit Union Administration 
       shall prescribe such regulations as necessary to carry out the 
       purposes of this Act with respect to any persons identified 
       under paragraph (3) of subsection (b)..

(b) Conforming Amendment.--Section 621(a) of the Fair Credit Reporting Act (15 U.S.C. 1681s(a)) is amended by striking paragraph (4).

   (c) Relation <<NOTE: 15 USC 6806.>> to Other Provisions.--Except for 

the amendments made by subsections (a) and (b), nothing in this title shall be construed to modify, limit, or supersede the operation of the Fair Credit Reporting Act, and no inference shall be drawn on the basis of the provisions of this title regarding whether information is transaction or experience information under section 603 of such Act.

SEC. 507. RELATION TO STATE LAWS.

   (a) In General.--This subtitle and the amendments made by this 

subtitle shall not be construed as superseding, altering, or affecting any statute, regulation, order, or interpretation in effect in any State, except to the extent that such statute, regulation, order, or interpretation is inconsistent with the provisions of this subtitle, and then only to the extent of the inconsistency.

   (b) Greater Protection Under State Law.--For purposes of this 

section, a State statute, regulation, order, or interpretation is not inconsistent with the provisions of this subtitle if the protection such statute, regulation, order, or interpretation affords any person is greater than the protection provided under this subtitle and the amendments made by this subtitle, as determined by the Federal Trade Commission, after consultation with the agency or authority with jurisdiction under section 505(a) of either the person that initiated the complaint or that is the subject of the complaint, on its own motion or upon the petition of any interested party.

SEC. 508. STUDY OF INFORMATION SHARING AMONG FINANCIAL AFFILIATES.

   (a) In General.--The Secretary of the Treasury, in conjunction with 

the Federal functional regulators and the Federal Trade Commission, shall conduct a study of information sharing practices among financial institutions and their affiliates. Such study shall include--

           (1) the purposes for the sharing of confidential customer 
       information with affiliates or with nonaffiliated third parties;
           (2) the extent and adequacy of security protections for such 
       information;
           (3) the potential risks for customer privacy of such sharing 
       of information;
           (4) the potential benefits for financial institutions and 
       affiliates of such sharing of information;
           (5) the potential benefits for customers of such sharing of 
       information;
           (6) the adequacy of existing laws to protect customer 
       privacy;
           (7) the adequacy of financial institution privacy policy and 
       privacy rights disclosure under existing law;
           (8) the feasibility of different approaches, including opt-
       out and opt-in, to permit customers to direct that confidential 
       information not be shared with affiliates and nonaffiliated 
       third parties; and
           (9) the feasibility of restricting sharing of information 
       for specific uses or of permitting customers to direct the uses 
       for which information may be shared.
   (b) Consultation.--The Secretary shall consult with representatives 

of State insurance authorities designated by the National Association of Insurance Commissioners, and also with financial services industry, consumer organizations and privacy groups, and other representatives of the general public, in formulating and conducting the study required by subsection (a).

   (c) Report.--On <<NOTE: Deadline.>> or before January 1, 2002, the 

Secretary shall submit a report to the Congress containing the findings and conclusions of the study required under subsection (a), together with such recommendations for legislative or administrative action as may be appropriate.

SEC. 509. DEFINITIONS.

   As used in this subtitle:
           (1) Federal banking agency.--The term ``Federal banking 
       agency has the same meaning as given in section 3 of the 
       Federal Deposit Insurance Act.
           (2) Federal functional regulator.--The term ``Federal 
       functional regulator means--
                   (A) the Board of Governors of the Federal Reserve 
               System;
                   (B) the Office of the Comptroller of the Currency;
                   (C) the Board of Directors of the Federal Deposit 
               Insurance Corporation;
                   (D) the Director of the Office of Thrift 
               Supervision;
                   (E) the National Credit Union Administration Board; 
               and
                   (F) the Securities and Exchange Commission.
           (3) Financial institution.--
                   (A) In general.--The term ``financial institution 
               means any institution the business of which is engaging 
               in financial activities as described in section 4(k) of 
               the Bank Holding Company Act of 1956.
                   (B) Persons subject to cftc regulation.--
               Notwithstanding subparagraph (A), the term ``financial 
               institution does not include any person or entity with 
               respect to any financial activity that is subject to the 
               jurisdiction of the Commodity Futures Trading Commission 
               under the Commodity Exchange Act.
                   (C) Farm credit institutions.--Notwithstanding 
               subparagraph (A), the term ``financial institution 
               does not include the Federal Agricultural Mortgage 
               Corporation or any entity chartered and operating under 
               the Farm Credit Act of 1971.
                   (D) Other secondary market institutions.--
               Notwithstanding subparagraph (A), the term ``financial 
               institution does not include institutions chartered by 
               Congress specifically to engage in transactions 
               described in section 502(e)(1)(C), as long as such 
               institutions do not sell or
               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 
               carrying 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
               consumer's request or for reinsurance purposes, or for 
               any of the following purposes as they relate to a 
               consumer's insurance: Account administration, reporting, 
               investigating, or preventing fraud or material 
               misrepresentation, processing premium payments, 
               processing 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
                   (D) the disclosure is required, or is a usual, 
               appropriate or acceptable method, in connection with--
                         (i) 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;
                         (ii) the transfer of receivables, accounts or 
                     interests therein; or
                         (iii) the audit of debit, credit or other 
                     payment information.
           (8) State insurance authority.--The term ``State insurance 
       authority means, in the case of any person engaged in 
       providing insurance, the State insurance authority of the State 
       in which the person is domiciled.
           (9) Consumer.--The term ``consumer means an individual who 
       obtains, from a financial institution, financial products or 
       services which are to be used primarily for personal, family, or 
       household purposes, and also means the legal representative of 
       such an individual.
           (10) Joint agreement.--The term ``joint agreement means a 
       formal written contract pursuant to which two or more financial 
       institutions jointly offer, endorse, or sponsor a financial 
       product or service, and as may be further defined in the 
       regulations prescribed under section 504.
           (11) Customer <<NOTE: Regulations.>> relationship.--The term 
       ``time of establishing a customer relationship shall be 
       defined by the regulations prescribed under section 504, and 
       shall, in the case of a financial institution engaged in 
       extending credit directly to consumers to finance purchases of 
       goods or services, mean the time of establishing the credit 
       relationship with the consumer.

SEC. 510. EFFECTIVE DATE.

   This subtitle shall take effect 6 months after the date on which 

rules are required to be prescribed under section 504(a)(3), except--

           (1) to the extent that a later date is specified in the 
       rules prescribed under section 504; and
           (2) that sections 504 and 506 shall be effective upon 
       enactment.

SEC. 521. PRIVACY PROTECTION FOR CUSTOMER INFORMATION OF FINANCIAL INSTITUTIONS.

   (a) Prohibition on Obtaining Customer Information by False 

Pretenses.--It shall be a violation of this subtitle for any person to obtain or attempt to obtain, or cause to be disclosed or attempt to cause to be disclosed to any person, customer information of a financial institution relating to another person--

           (1) by making a false, fictitious, or fraudulent statement 
       or representation to an officer, employee, or agent of a 
       financial institution;
           (2) by making a false, fictitious, or fraudulent statement 
       or representation to a customer of a financial institution; or
           (3) by providing any document to an officer, employee, or 
       agent of a financial institution, knowing that the document is 
       forged, counterfeit, lost, or stolen, was fraudulently obtained, 
       or contains a false, fictitious, or fraudulent statement or 
       representation.
   (b) Prohibition on Solicitation of a Person To Obtain Customer 

Information From Financial Institution Under False Pretenses.--It shall be a violation of this subtitle to request a person to obtain customer information of a financial institution, knowing that the person will obtain, or attempt to obtain, the information from the institution in any manner described in subsection (a).

   (c) Nonapplicability to Law Enforcement Agencies.--No provision of 

this section shall be construed so as to prevent any action by a law enforcement agency, or any officer, employee, or agent of such agency, to obtain customer information of a financial institution in connection with the performance of the official duties of the agency.

   (d) Nonapplicability to Financial Institutions in Certain Cases.--No 

provision of this section shall be construed so as to prevent any financial institution, or any officer, employee, or agent of a financial institution, from obtaining customer information of such financial institution in the course of--

           (1) testing the security procedures or systems of such 
       institution for maintaining the confidentiality of customer 
       information;
           (2) investigating allegations of misconduct or negligence on 
       the part of any officer, employee, or agent of the financial 
       institution; or
           (3) recovering customer information of the financial 
       institution which was obtained or received by another person in 
       any manner described in subsection (a) or (b).
   (e) Nonapplicability to Insurance Institutions for Investigation of 

Insurance Fraud.--No provision of this section shall be construed so as to prevent any insurance institution, or any officer, employee, or agency of an insurance institution, from obtaining information as part of an insurance investigation into criminal activity, fraud, material misrepresentation, or material nondisclosure that is authorized for such institution under State law, regulation, interpretation, or order.

   (f) Nonapplicability to Certain Types of Customer Information of 

Financial Institutions.--No provision of this section shall be construed so as to prevent any person from obtaining customer information of a financial institution that otherwise is available as a public record filed pursuant to the securities laws (as defined in section 3(a)(47) of the Securities Exchange Act of 1934).

   (g) Nonapplicability to Collection of Child Support Judgments.--No 

provision of this section shall be construed to prevent any State- licensed private investigator, or any officer, employee, or agent of such private investigator, from obtaining customer information of a financial institution, to the extent reasonably necessary to collect child support from a person adjudged to have been delinquent in his or her obligations by a Federal or State court, and to the extent that such action by a State-licensed private investigator is not unlawful under any other Federal or State law or regulation, and has been authorized by an order or judgment of a court of competent jurisdiction.



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