U.S. Code » Title 15 » Chapter CHAPTER 94— PRIVACY › Subchapter SUBCHAPTER I— DISCLOSURE OF NONPUBLIC PERSONAL INFORMATION

15 U.S.C. § 6803

Disclosure of institution privacy policy

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(a) Disclosure requiredAt 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 6804 of this title, 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 6802 of this title, 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.(b) Regulations

Disclosures required by subsection (a) shall be made in accordance with the regulations prescribed under section 6804 of this title.

(c) Information to be includedThe 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 6802 of this title, 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 6802(e) of this title; 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 6801 of this title; and(4) the disclosures required, if any, under section 1681a(d)(2)(A)(iii) of this title.(d) Exemption for certified public accountants(1) In generalThe disclosure requirements of subsection (a) do not apply to any person, to the extent that the person is—(A) a certified public accountant;(B) certified or licensed for such purpose by a State; and(C) subject to any provision of law, rule, or regulation issued by a legislative or regulatory body of the State, including rules of professional conduct or ethics, that prohibits disclosure of nonpublic personal information without the knowing and expressed consent of the consumer.(2) Limitation

Nothing in this subsection shall be construed to exempt or otherwise exclude any financial institution that is affiliated or becomes affiliated with a certified public accountant described in paragraph (1) from any provision of this section.

(3) Definitions

For purposes of this subsection, the term “State” means any State or territory of the United States, the District of Columbia, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, or the Northern Mariana Islands.

(e) Model forms(1) In general

The agencies referred to in section 6804(a)(1) of this title shall jointly develop a model form which may be used, at the option of the financial institution, for the provision of disclosures under this section.

(2) FormatA model form developed under paragraph (1) shall—(A) be comprehensible to consumers, with a clear format and design;(B) provide for clear and conspicuous disclosures;(C) enable consumers easily to identify the sharing practices of a financial institution and to compare privacy practices among financial institutions; and(D) be succinct, and use an easily readable type font.(3) Timing

A model form required to be developed by this subsection shall be issued in proposed form for public comment not later than 180 days after October 13, 2006.

(4) Safe harbor

Any financial institution that elects to provide the model form developed by the agencies under this subsection shall be deemed to be in compliance with the disclosures required under this section.

(f) Exception to annual notice requirementA financial institution that—(1) provides nonpublic personal information only in accordance with the provisions of subsection (b)(2) or (e) of section 6802 of this title or regulations prescribed under section 6804(b) of this title, and(2) has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with this section,shall not be required to provide an annual disclosure under this section until such time as the financial institution fails to comply with any criteria described in paragraph (1) or (2).(Pub. L. 106–102, title V, § 503, Nov. 12, 1999, 113 Stat. 1439; Pub. L. 109–351, title VI, § 609, title VII, § 728, Oct. 13, 2006, 120 Stat. 1983, 2003; Pub. L. 114–94, div. G, title LXXV, § 75001, Dec. 4, 2015, 129 Stat. 1787.)Editorial NotesAmendments

2015—Subsec. (f). Pub. L. 114–94 added subsec. (f).

2006—Pub. L. 109–351 designated concluding provisions of subsec. (a) as (b), inserted heading, substituted “Disclosures required by subsection (a)” for “Such disclosures”, redesignated former subsec. (b) as (c), and added subsecs. (d) and (e).

Executive DocumentsTermination of Trust Territory of the Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

Notes of Decisions
Cited in 18 cases (5 in the last 5 years), 2003–2026 · leading case: Castro v. Green Tree Servicing LLC, 959 F. Supp. 2d 698 (S.D.N.Y. 2013).
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Castro v. Green Tree Servicing LLC, 959 F. Supp. 2d 698 (S.D.N.Y. 2013). · cites it 3× “15 U.S.C. § 6803 (a). The GLBA further provides that financial institutions may disclose personal information to a nonaffiliated third party so long as they give the consumer the opportunity to “opt out” of the disclosure.”
New York State Bar Ass'n v. Fed. Trade Comm'n, 276 F. Supp. 2d 110 (D.D.C. 2003). · cites it 2× “See 15 U.S.C. § 6803 . In addition, Congress mandated that prior to disclosing any nonpublic personal information, the financial institution must provide a consumer with a nondisclosure or “opt out” option, which if exercised, would prohibit the financial institution from…”
Ameriquest Mortg. Co. v. Off. of the Attorney Gen., 170 Wash. 2d 418 (Wash. 2010). “15 U.S.C. § 6803 ; 16 C.F.R. § 313.6 . A separate opt-out notice must “clearly and conspicuously” describe the consumer’s right to opt out of the financial institution’s disclosures of protected information and must give the consumer a “reasonable means” to exercise that right.”
Ameriquest Mortg. v. Off. of Atty. Gen., 241 P.3d 1245 (Wash. 2010). “15 U.S.C. § 6803 ; 16 C.F.R. § 313.6 . A separate opt out notice must "clearly and conspicuously" describe the consumer's right to opt out of the financial institution's disclosures of protected information and must give the consumer a "reasonable means" to exercise that right.”
Ameriquest Mortg. Co. v. Attorney Gen., 148 Wash. App. 145 (Wash. Ct. App. 2009). · cites it 2× “15 U.S.C. § 6803 (c). It is on this provision that Ameriquest bases its duty to protect the disclosure of information collected by the AGO.”
Elaine L. Chao, Sec'y of Labor, United States Dep't of Labor v. Cmty. Trust Co., 474 F.3d 75 (3rd Cir. 2007). “Except as otherwise provided in this subtitle, a financial institution may not, directly or through any affiliate, disclose to a nonaf-filiated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice…”
Fed. Trade Comm'n v. Ameridebt, Inc., 343 F. Supp. 2d 451 (D. Maryland 2004). “15 U.S.C. § 6803 . Under the GLBA, consumers in certain cases have the right to opt out of, or refuse the sharing of, their information.”
Ameriquest Mortg. Co. v. State Atty. Gen., 199 P.3d 468 (Wash. Ct. App. 2009). · cites it 2× “15 U.S.C. § 6803 (c). It is on this provision that Ameriquest bases its duty to protect the disclosure of information collected by the AGO.”
Mosby v. Ingalls Mem'l Hosp., 2022 IL App (1st) 200822 (Ill. App. Ct. 2022). “While section 25(c) and (e) expressly provides that the Act will not apply to certain entities and persons: “(c) Nothing in this Act shall be deemed to apply in any manner to a financial institution or an affiliate of a financial institution that is subject to Title V of the…”
Strubel v. Capital One Bank (USA), N.A., 179 F. Supp. 3d 320 (S.D.N.Y. 2016). “In formulating the relevant portion of the Commentary, the Board selected a 10-point font size to be consistent with a standard developed by an interagency process (in which the Board participated) to design model privacy disclosure forms required under the Gramm-Leach-Bliley…”
Hodes v. U.S. Dep't of Hous. & Urban Dev., 532 F. Supp. 2d 108 (D.D.C. 2008). “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 [ 15 U.S.C. § 6803 ]. 5 U.S.C. §…”
Super v. Convergent Outsourcing, Inc. (D.D.C. 2022). · cites it 4× “§ 1028A, and 15 U.S.C. § 6803 . Id. at 4 . After defendant’s communications with Experian and Equifax, plaintiff “filed a complaint with the Consumer Finance Protection Bureau” requesting “proof of any documentation showing probable evidence that [he] ha[s] obligation to the”…”
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