| (a) For purposes of determining if information is publicly
available as defined in this subchapter:
(1) a covered entity has a reasonable basis to believe that
information is lawfully made available to the general public if the covered
entity has taken steps to determine:
(A) that the information is of the type that is available to
the general public; and
(B) whether an individual can direct that the information not
be made available to the general public, and
(C) if an option as described in subparagraph (1)(B) of this
section is available, that the covered entity's consumer has not made such
a direction.
(2) The following examples illustrate whether a reasonable
basis exists to believe that information is publicly available.
(A) A covered entity has a reasonable basis to believe that
information is publicly available if the information comes from nonconfidential
government records, such as information in real estate records and security
interest filings.
(B) A covered entity has a reasonable basis to believe that
information is publicly available if the information comes from widely distributed
media, such as information from a telephone book, a television or radio program,
a newspaper or a Web site that is available to the general public on an unrestricted
basis. A Web site is not restricted merely because an Internet service provider
or a site operator requires a fee or a password, so long as access is available
to the general public.
(C) A covered entity has a reasonable basis to believe that
mortgage information is lawfully made available to the general public if the
covered entity has determined that the information is of the type included
in the public record in the jurisdiction where the mortgage would be recorded.
(D) A covered entity has a reasonable basis to believe that
an individual's telephone number is lawfully made available to the general
public if the covered entity has located the telephone number in the telephone
book or the consumer has informed the covered entity that the telephone number
is not unlisted.
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