(a) Scope. This section applies to banks that are members of the Federal Reserve
System (other than national banks) and their respective operating
subsidiaries, 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
(12 USC 601 et seq., and 611 et seq.).
(b) In general. The exclusions from the term consumer report in
section 603(d)(2) of the act that allow the sharing of information with
affiliates do not apply to a person described in paragraph (a) of this
section if that person communicates to an affiliate—
(1) medical information;
(2) an individualized list or description based on the payment transactions
of the consumer for medical products or services; or
(3) an aggregate list of identified consumers based on payment transactions
for medical products or services.
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(c) Exceptions. A person described in paragraph (a) of this section may rely on the
exclusions from the term consumer report in section
603(d)(2) of the act to communicate the information in paragraph (b) of this
section to an affiliate—
(1) in connection with the business of insurance or annuities (including
the activities described in section 18B of the model Privacy of Consumer
Financial and Health Information Regulation issued by the National
Association of Insurance Commissioners, as in effect on January 1,
2003);
(2) for any purpose permitted without authorization under the regulations
promulgated by the Department of Health and Human Services pursuant to the
Health Insurance Portability and Accountability Act of 1996
(HIPAA);
(3) for any purpose referred to in section 1179 of HIPAA;
(4) for any purpose described in section 502(e) of the Gramm-Leach-Bliley
Act;
(5) in connection with a determination of the consumer’s eligibility, or
continued eligibility, for credit consistent with section 222.30 of this
part; or
(6) as otherwise permitted by order of the
Board.
