Privacy or Confidentiality of Shared Information

  1. Law
  2. Tennessee Code
  3. Banks and Financial Institutions
  4. Check Cashing Act
  5. Privacy or Confidentiality of Shared Information

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In order to promote more effective regulation and reduce regulatory burden through supervisory information sharing:

  1. The requirements under any federal or state law regarding the privacy or confidentiality of any information or material provided to a multi-state automated licensing system, and any privilege arising under federal or state law, including the rules of any federal or state court, with respect to such information or material, continue to apply to the information or material after it has been disclosed to a multi-state automated licensing system. The information or material may be shared with all state and federal regulatory officials with check-cashing industry oversight authority without the loss of privilege or confidentiality protections provided by federal or state law, including the protection available under § 45-1-120;
  2. For purposes of subdivision (1), the commissioner may enter into agreements or sharing agreements with other governmental agencies, the Conference of State Bank Supervisors, or other associations representing governmental agencies, as established by rule, regulation, or order of the commissioner;
  3. Information or material that is subject to a privilege or confidentiality protection under subdivision (1) is not subject to:
    1. Disclosure under any federal or state law governing disclosure to the public of information held by an officer or agency of the federal government or the respective state; or
    2. Subpoena or discovery or admission into evidence in any private civil action or administrative process, unless the person to whom such information or material pertains, in the person's discretion, waives any applicable privilege held by a multi-state automated licensing system, in whole or in part;
  4. This section supersedes any inconsistent provisions of title 10, chapter 7, part 5, pertaining to the records open to public inspection; and
  5. This section does not apply with respect to information or material relating to publicly adjudicated disciplinary and enforcement actions against persons subject to this chapter that is included in a multi-state automated licensing system for access by the public.


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