The following words and terms, when used in this chapter, will
have the following meanings, unless the context clearly indicates
(1) Affiliate--Any company that controls, is controlled
by, or is under common control with another company.
(2) Agent--As set out in Insurance Code §§2651.002
- 2651.011, 2651.051 - 2651.059, 4001.002, 4001.051, and 4001.053.
(3) Authorization--As set out in Insurance Code §82.001.
(4) Clear and conspicuous--A notice reasonably understandable
and designed to call attention to the nature and significance of the
information in the notice.
(5) Collect--To obtain information that the covered
entity organizes or can retrieve by the name of an individual or by
identifying number, symbol, or other identifying particular assigned
to the individual, irrespective of the source of the underlying information.
(6) Commissioner--The commissioner of insurance.
(7) Company--A corporation, limited liability company,
business trust, general or limited partnership, association, sole
proprietorship, or other similar organization.
(8) Consumer--An individual or that individual's representative
who seeks to obtain, obtains, or has obtained an insurance product
or service from a covered entity that is to be used primarily for
personal, family, or household purposes, and about whom the covered
entity has nonpublic personal financial information.
(9) Consumer reporting agency--As defined in §603(f)
of the federal Fair Credit Reporting Act (FCRA) (15 U.S.C. §1681a(f)).
(10) Control--Includes the terms "controls," "controlled
by," and "under common control," and has the meaning assigned that
term by Insurance Code §823.005 and §823.151.
(11) Covered entity--An individual or entity that receives
an authorization from the Texas Department of Insurance. The term
includes any individual or entity described by Insurance Code, §82.002.
(12) Customer--A consumer who has a customer relationship
with a covered entity.
(13) Customer relationship--A continuing relationship,
as described in §22.5 of this subchapter (relating to Determination
of Continuing Relationship), between a consumer and a covered entity
under which the covered entity provides one or more insurance products
or services to the consumer to be used primarily for personal, family,
or household purposes.
(14) Financial institution--Any institution, the business
of which is engaging in activities that are financial in nature or
incidental to financial activities as described in §4(k) of the
Bank Holding Company Act of 1956 (12 U.S.C. §1843(k)). Financial
institution does not include:
(A) 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 (7 U.S.C. §1
(B) the Federal Agricultural Mortgage Corporation or
any entity charged and operating under the Farm Credit Act of 1971
(12 U.S.C. §2001 et seq.); or
(C) institutions chartered by Congress specifically
to engage in securitizations, secondary market sales (including sales
of servicing rights), or similar transactions related to a transaction
of a consumer, as long as the institutions do not sell or transfer
nonpublic personal financial information to a nonaffiliated third
(15) Financial product or service--Any product or service
that a financial holding company could offer by engaging in an activity
that is financial in nature or incidental to a financial activity
under §4(k) of the Bank Holding Company Act of 1956 (12 U.S.C. §1843(k)).
Financial service includes a financial institution's evaluation or
brokerage of information that the financial institution collects in
connection with a request or an application from a consumer for a
financial product or service.
(16) Health care--
(A) preventive, diagnostic, therapeutic, rehabilitative,
maintenance or palliative care, services, procedures, tests, or counseling
(i) relates to the physical, mental, or behavioral
condition of an individual; or
(ii) affects the structure or function of the human
body or any part of the human body, including the banking of blood,
sperm, organs, or any other tissue; or
(B) prescribing, dispensing, or furnishing drugs or
biologicals, medical devices, or health care equipment and supplies
to an individual.
(17) Health care provider--A physician or other health
care practitioner licensed, accredited, or certified to perform specified
health services consistent with state law, or a health care facility.
(18) Health information--Any information or data, except
age or gender, whether oral or recorded, in any form or medium, that
is created by or derived from a health care provider or the consumer
that relates to:
(A) the past, present, or future physical, mental,
or behavioral health or condition of an individual;
(B) the provision of health care to an individual;
(C) payment for the provision of health care to an
(19) Insurance product or service--Any product or service
offered by a covered entity under the Insurance Code and other insurance
laws of this state. Insurance service includes a covered entity's
evaluation, brokerage, or distribution of information that the covered
entity collects in connection with a request or an application from
a consumer for an insurance product or service.
(20) Nonaffiliated third party--An entity that is not
an affiliate of, related to by common ownership, or affiliated by
corporate control with the covered entity. The term does not include
a joint employee of the entity.
(21) Nonpublic personal financial information--Information
(i) personally identifiable financial information;
(ii) any list, description, or other grouping of consumers
(and publicly available information pertaining to them) derived using
any personally identifiable financial information not publicly available;
(iii) any list of individuals' names and street addresses
derived in whole or in part using personally identifiable financial
information not publicly available, such as account numbers;
(B) does not include:
(i) health information;
(ii) publicly available information unless derived
from a nonpublic source as described in subparagraphs (A)(ii) and
(A)(iii) of this paragraph;
(iii) any list, description, or other grouping of consumers
(and publicly available information pertaining to them) derived without
using any personally identifiable financial information not publicly
(iv) any list of individuals' names and addresses that:
(I) contains only publicly available information;
(II) is wholly derived using personally identifiable
financial information that is publicly available; and
(III) does not disclose that any of the individuals
on the list is a consumer of a financial institution.
(22) Opt out--A direction by the consumer that the
covered entity not disclose nonpublic personal financial information
about that consumer to a nonaffiliated third party, other than as
permitted by §22.17 of this title, §22.18 of this title
(relating to Exceptions to Notice and Opt Out Requirements for Disclosure
of Nonpublic Personal Financial Information for Processing and Servicing
Transactions), and §22.19 of this title (relating to Other Exceptions
to Notice and Opt Out Requirements for Disclosure of Nonpublic Personal
(23) Personally identifiable financial information--
(A) The term includes:
(i) any information a consumer provides to a covered
entity to obtain an insurance product or service from the covered
(ii) any information about a consumer resulting from
a transaction involving an insurance product or service between a
covered entity and a consumer;
(iii) any information the covered entity otherwise
obtains about a consumer in connection with providing an insurance
product or service to that consumer;
(iv) account balance information and payment history;
(v) the fact that an individual is or has been one
of the covered entity's customers or has obtained an insurance product
or service from the covered entity;
(vi) any information about the covered entity's consumer
disclosed in a manner that indicates that the individual is or has
been the covered entity's consumer;
(vii) any information a consumer provides to a covered
entity or that the covered entity or its agent otherwise obtains in
connection with collecting on a loan or servicing a loan;
(viii) any information the covered entity collects
through an information-collecting device from an Internet web server;
(ix) information from a consumer report.
(B) The term does not include:
(i) health information;
(ii) a list of names and addresses of customers of
an entity that is not a financial institution; and
(iii) information that does not identify a consumer,
such as aggregate information or blind data that does not contain
personal identifiers such as account numbers, names, or addresses.
(24) Publicly available information--Any information
a covered entity has a reasonable basis to believe is lawfully made
available to the general public from:
(A) federal, state, or local government records;
(B) widely distributed media; or
(C) disclosures to the general public required to be
made by federal, state or local law.