--- title: "12 CFR 1016.3 GLBA: Definitions" canonical: "https://dposchool.com/glba/section/1016.3" source: "https://www.ecfr.gov/current/title-12/section-1016.3" source_note: "Source: United States Code, title 15, published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov), release point 119-136. The editorial and statutory notes are not reproduced. Source: Electronic Code of Federal Regulations (eCFR), title 12, up to date as of 29 October 2026, from the eCFR API (ecfr.gov). The eCFR is an editorial compilation of the CFR and Federal Register amendments, not an official legal edition of the CFR. Source: Electronic Code of Federal Regulations (eCFR), title 16, up to date as of 29 October 2026, from the eCFR API (ecfr.gov). The eCFR is an editorial compilation of the CFR and Federal Register amendments, not an official legal edition of the CFR." text_as_of: "2026-10-29" language: "en" publisher: "DPO School" --- 12 CFR 1016.3 GLBA · Part 1016: PRIVACY OF CONSUMER FINANCIAL INFORMATION (REGULATION P) # 12 CFR 1016.3 GLBA: Definitions eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026. ## Official text As used in this part, unless the context requires otherwise: **(a)(1)** Affiliate means any company that controls, is controlled by, or is under common control with another company. #### 12 CFR 1016.3(2) **(2)** Examples in the case of a credit union. (i) An affiliate of a Federal credit union is a credit union service organization (CUSO), as provided in 12 CFR part 712, that is controlled by the Federal credit union. ##### 12 CFR 1016.3(2)(ii) **(ii)** An affiliate of a federally-insured, state-chartered credit union is a company that is controlled by the credit union. **(b)(1)** Clear and conspicuous means that a notice is reasonably understandable and designed to call attention to the nature and significance of the information in the notice. #### 12 CFR 1016.3(2) **(2)** Examples—(i) Reasonably understandable. You make your notice reasonably understandable if you: ###### 12 CFR 1016.3(2)(A) **(A)** Present the information in the notice in clear, concise sentences, paragraphs, and sections; ###### 12 CFR 1016.3(2)(B) **(B)** Use short explanatory sentences or bullet lists whenever possible; ###### 12 CFR 1016.3(2)(C) **(C)** Use definite, concrete, everyday words and active voice whenever possible; ###### 12 CFR 1016.3(2)(D) **(D)** Avoid multiple negatives; ###### 12 CFR 1016.3(2)(E) **(E)** Avoid legal and highly technical business terminology whenever possible; and ###### 12 CFR 1016.3(2)(F) **(F)** Avoid explanations that are imprecise and readily subject to different interpretations. ##### 12 CFR 1016.3(2)(ii) **(ii)** Designed to call attention. You design your notice to call attention to the nature and significance of the information in it if you: ###### 12 CFR 1016.3(2)(ii)(A) **(A)** Use a plain-language heading to call attention to the notice; ###### 12 CFR 1016.3(2)(ii)(B) **(B)** Use a typeface and type size that are easy to read; ###### 12 CFR 1016.3(2)(ii)(C) **(C)** Provide wide margins and ample line spacing; ###### 12 CFR 1016.3(2)(ii)(D) **(D)** Use boldface or italics for key words; and ###### 12 CFR 1016.3(2)(ii)(E) **(E)** In a form that combines your notice with other information, use distinctive type size, style, and graphic devices, such as shading or sidebars, when you combine your notice with other information. ##### 12 CFR 1016.3(2)(iii) **(iii)** Notices on Web sites. If you provide a notice on a Web site, you design your notice to call attention to the nature and significance of the information in it if you use text or visual cues to encourage scrolling down the page if necessary to view the entire notice and ensure that other elements on the Web site (such as text, graphics, hyperlinks, or sound) do not distract attention from the notice, and you either: ###### 12 CFR 1016.3(2)(iii)(A) **(A)** Place the notice on a screen that consumers frequently access, such as a page on which transactions are conducted; or ###### 12 CFR 1016.3(2)(iii)(B) **(B)** Place a link on a screen that consumers frequently access, such as a page on which transactions are conducted, that connects directly to the notice and is labeled appropriately to convey the importance, nature, and relevance of the notice. ### 12 CFR 1016.3(c) **(c)** Collect means to obtain information that you organize 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. ### 12 CFR 1016.3(d) **(d)** Company means any corporation, limited liability company, business trust, general or limited partnership, association, or similar organization. **(e)(1)** Consumer means an individual who obtains or has obtained a financial product or service from you that is to be used primarily for personal, family, or household purposes, or that individual's legal representative. #### 12 CFR 1016.3(d)(2) **(2)** Examples in the case of a financial institution other than a credit union. For purposes of this paragraph (e)(2), “you” is limited to financial institutions other than credit unions. ##### 12 CFR 1016.3(d)(2)(i) **(i)** An individual who applies to you for credit for personal, family, or household purposes is a consumer of a financial service, regardless of whether the credit is extended. ##### 12 CFR 1016.3(d)(2)(ii) **(ii)** An individual who provides nonpublic personal information to you in order to obtain a determination about whether he or she may qualify for a loan to be used primarily for personal, family, or household purposes is a consumer of a financial service, regardless of whether the loan is extended. ##### 12 CFR 1016.3(d)(2)(iii) **(iii)** An individual who provides nonpublic personal information to you in connection with obtaining or seeking to obtain financial, investment, or economic advisory services is a consumer regardless of whether you establish a continuing advisory relationship. ##### 12 CFR 1016.3(d)(2)(iv) **(iv)** If you hold ownership or servicing rights to an individual's loan that is used primarily for personal, family, or household purposes, the individual is your consumer, even if you hold those rights in conjunction with one or more other institutions. (The individual is also a consumer with respect to the other financial institutions involved.) An individual who has a loan in which you have ownership or servicing rights is your consumer, even if you, or another institution with those rights, hire an agent to collect on the loan. ##### 12 CFR 1016.3(d)(2)(v) **(v)** An individual who is a consumer of another financial institution is not your consumer solely because you act as agent for, or provide processing or other services to, that financial institution. ##### 12 CFR 1016.3(d)(2)(vi) **(vi)** An individual is not your consumer solely because he or she has designated you as trustee for a trust. ##### 12 CFR 1016.3(d)(2)(vii) **(vii)** An individual is not your consumer solely because he or she is a beneficiary of a trust for which you are a trustee. ##### 12 CFR 1016.3(d)(2)(viii) **(viii)** An individual is not your consumer solely because he or she is a participant or a beneficiary of an employee benefit plan that you sponsor or for which you act as a trustee or fiduciary. #### 12 CFR 1016.3(d)(3) **(3)** Examples in the case of a credit union. For purposes of this paragraph (e)(3), “you” is limited to credit unions. ##### 12 CFR 1016.3(d)(3)(i) **(i)** An individual who provides nonpublic personal information to you in connection with obtaining or seeking to obtain credit union membership is your consumer regardless of whether you establish a customer relationship. ##### 12 CFR 1016.3(d)(3)(ii) **(ii)** An individual who provides nonpublic personal information to you in connection with using your ATM is your consumer. ##### 12 CFR 1016.3(d)(3)(iii) **(iii)** If you hold ownership or servicing rights to an individual's loan, the individual is your consumer, even if you hold those rights in conjunction with one or more financial institutions. The individual is also a consumer with respect to the other financial institutions involved. This applies even if you, or another financial institution with those rights, hire an agent to collect on the loan or to provide processing or other services. ##### 12 CFR 1016.3(d)(3)(iv) **(iv)** An individual who is a consumer of another financial institution is not your consumer solely because you act as agent for, or provide processing or other services to, that financial institution. ##### 12 CFR 1016.3(d)(3)(v) **(v)** An individual is not your consumer solely because he or she is a participant or a beneficiary of an employee benefit plan that you sponsor or for which you act as a trustee or fiduciary. ### 12 CFR 1016.3(f) **(f)** Consumer reporting agency has the same meaning as in section 603(f) of the Fair Credit Reporting Act (15 U.S.C. 1681a(f)). ### 12 CFR 1016.3(g) **(g)** Control of a company means: #### 12 CFR 1016.3(g)(1) **(1)** Ownership, control, or power to vote 25 percent or more of the outstanding shares of any class of voting security of the company, directly or indirectly, or acting through one or more other persons; #### 12 CFR 1016.3(g)(2) **(2)** Control in any manner over the election of a majority of the directors, trustees, or general partners (or individuals exercising similar functions) of the company; or #### 12 CFR 1016.3(g)(3) **(3)** The power to exercise, directly or indirectly, a controlling influence over the management or policies of the company as determined by the applicable prudential regulator (as defined in 12 U.S.C. 5481(24)), if any. #### 12 CFR 1016.3(g)(4) **(4)** Example in the case of credit unions. A credit union is presumed to have a controlling influence over the management or policies of a CUSO, if the CUSO is 67% owned by credit unions. ### 12 CFR 1016.3(h) **(h)** Credit union means a Federal or state-chartered credit union that the National Credit Union Share Insurance Fund insures. ### 12 CFR 1016.3(i) **(i)** Customer means a consumer who has a customer relationship with you. **(j)(1)** Customer relationship means a continuing relationship between a consumer and you under which you provide one or more financial products or services to the consumer that are to be used primarily for personal, family, or household purposes. As noted in the examples, and for purposes of this part only, in the case of a credit union, a customer relationship will exist between a credit union and certain consumers that are not the credit union's members. #### 12 CFR 1016.3(i)(2) **(2)** Examples in the case of financial institutions other than credit unions and covered entities subject to FTC enforcement jurisdiction. For purposes of this paragraph (j)(2), “you” is limited to financial institutions other than credit unions and financial institutions described in paragraph (l)(3) of this section. ##### 12 CFR 1016.3(i)(2)(i) **(i)** Continuing relationship. A consumer has a continuing relationship with you if the consumer: ###### 12 CFR 1016.3(i)(2)(i)(A) **(A)** Has a deposit or investment account with you; ###### 12 CFR 1016.3(i)(2)(i)(B) **(B)** Obtains a loan from you; ###### 12 CFR 1016.3(i)(2)(i)(C) **(C)** Has a loan for which you own the servicing rights; ###### 12 CFR 1016.3(i)(2)(i)(D) **(D)** Purchases an insurance product from you; ###### 12 CFR 1016.3(i)(2)(i)(E) **(E)** Holds an investment product through you, such as when you act as a custodian for securities or for assets in an Individual Retirement Arrangement; ###### 12 CFR 1016.3(i)(2)(i)(F) **(F)** Enters into an agreement or understanding with you whereby you undertake to arrange or broker a home mortgage loan for the consumer; ###### 12 CFR 1016.3(i)(2)(i)(G) **(G)** Enters into a lease of personal property with you; or ###### 12 CFR 1016.3(i)(2)(i)(H) **(H)** Obtains financial, investment, or economic advisory services from you for a fee. ##### 12 CFR 1016.3(i)(2)(ii) **(ii)** No continuing relationship. A consumer does not, however, have a continuing relationship with you if: ###### 12 CFR 1016.3(i)(2)(ii)(A) **(A)** The consumer obtains a financial product or service only in isolated transactions, such as using your ATM to withdraw cash from an account at another financial institution or purchasing a cashier's check or money order; ###### 12 CFR 1016.3(i)(2)(ii)(B) **(B)** You sell the consumer's loan and do not retain the rights to service that loan; or ###### 12 CFR 1016.3(i)(2)(ii)(C) **(C)** You sell the consumer airline tickets, travel insurance, or traveler's checks in isolated transactions. #### 12 CFR 1016.3(i)(3) **(3)** Examples in the case of covered entities subject to FTC enforcement jurisdiction. For purposes of this paragraph (j)(3), “you” is limited to financial institutions described in paragraph (l)(3) of this section. ##### 12 CFR 1016.3(i)(3)(i) **(i)** Continuing relationship. A consumer has a continuing relationship with you if the consumer: ###### 12 CFR 1016.3(i)(3)(i)(A) **(A)** Has a credit or investment account with you; ###### 12 CFR 1016.3(i)(3)(i)(B) **(B)** Obtains a loan from you; ###### 12 CFR 1016.3(i)(3)(i)(C) **(C)** Purchases an insurance product from you; ###### 12 CFR 1016.3(i)(3)(i)(D) **(D)** Holds an investment product through you, such as when you act as a custodian for securities or for assets in an Individual Retirement Arrangement; ###### 12 CFR 1016.3(i)(3)(i)(E) **(E)** Enters into an agreement or understanding with you whereby you undertake to arrange or broker a home mortgage loan, or credit to purchase a vehicle, for the consumer; ###### 12 CFR 1016.3(i)(3)(i)(F) **(F)** Enters into a lease of personal property on a non-operating basis with you; ###### 12 CFR 1016.3(i)(3)(i)(G) **(G)** Obtains financial, investment, or economic advisory services from you for a fee; ###### 12 CFR 1016.3(i)(3)(i)(H) **(H)** Becomes your client for the purpose of obtaining tax preparation or credit counseling services from you; ###### 12 CFR 1016.3(i)(3)(i)(I) **(I)** Obtains career counseling while seeking employment with a financial institution or the finance, accounting, or audit department of any company (or while employed by such a financial institution or department of any company); ###### 12 CFR 1016.3(i)(3)(i)(J) **(J)** Is obligated on an account that you purchase from another financial institution, regardless of whether the account is in default when purchased, unless you do not locate the consumer or attempt to collect any amount from the consumer on the account; ###### 12 CFR 1016.3(i)(3)(i)(K) **(K)** Obtains real estate settlement services from you; or ###### 12 CFR 1016.3(i)(3)(i)(L) **(L)** Has a loan for which you own the servicing rights. ##### 12 CFR 1016.3(i)(3)(ii) **(ii)** No continuing relationship. A consumer does not, however, have a continuing relationship with you if: ###### 12 CFR 1016.3(i)(3)(ii)(A) **(A)** The consumer obtains a financial product or service from you only in isolated transactions, such as using your ATM to withdraw cash from an account at another financial institution; purchasing a money order from you; cashing a check with you; or making a wire transfer through you; ###### 12 CFR 1016.3(i)(3)(ii)(B) **(B)** You sell the consumer's loan and do not retain the rights to service that loan; ###### 12 CFR 1016.3(i)(3)(ii)(C) **(C)** You sell the consumer airline tickets, travel insurance, or traveler's checks in isolated transactions; ###### 12 CFR 1016.3(i)(3)(ii)(D) **(D)** The consumer obtains one-time personal or real property appraisal services from you; or ###### 12 CFR 1016.3(i)(3)(ii)(E) **(E)** The consumer purchases checks for a personal checking account from you. #### 12 CFR 1016.3(i)(4) **(4)** Examples in the case of a credit union. (i) Continuing relationship. A consumer has a continuing relationship with a credit union if the consumer: ###### 12 CFR 1016.3(i)(4)(A) **(A)** Is a member as defined in the credit union's bylaws; ###### 12 CFR 1016.3(i)(4)(B) **(B)** Is a nonmember who has a share, share draft, or credit card account with the credit union jointly with a member; ###### 12 CFR 1016.3(i)(4)(C) **(C)** Is a nonmember who has a loan that the credit union services; ###### 12 CFR 1016.3(i)(4)(D) **(D)** Is a nonmember who has an account with a credit union that has been designated as a low-income credit union; or ###### 12 CFR 1016.3(i)(4)(E) **(E)** Is a nonmember who has an account in a federally-insured, state-chartered credit union pursuant to state law. ##### 12 CFR 1016.3(i)(4)(ii) **(ii)** No continuing relationship. A consumer does not, however, have a continuing relationship with a credit union if the consumer is a nonmember and: ###### 12 CFR 1016.3(i)(4)(ii)(A) **(A)** The consumer only obtains a financial product or service in isolated transactions, such as using the credit union's ATM to withdraw cash from an account maintained at another financial institution or purchasing travelers checks; or ###### 12 CFR 1016.3(i)(4)(ii)(B) **(B)** The credit union sells the consumer's loan and does not retain the rights to service that loan. ### 12 CFR 1016.3(k) **(k)** Federal functional regulator means: #### 12 CFR 1016.3(k)(1) **(1)** The Board of Governors of the Federal Reserve System; #### 12 CFR 1016.3(k)(2) **(2)** The Office of the Comptroller of the Currency; #### 12 CFR 1016.3(k)(3) **(3)** The Board of Directors of the Federal Deposit Insurance Corporation; #### 12 CFR 1016.3(k)(4) **(4)** The National Credit Union Administration Board; and #### 12 CFR 1016.3(k)(5) **(5)** The Securities and Exchange Commission. **(l)(1)** Except for entities described in paragraph (l)(3) of this section, financial institution means any institution the business of which is engaging in activities that are financial in nature or incidental to such financial activities as described in section 4(k) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(k)). #### 12 CFR 1016.3(k)(2) **(2)** For purposes of paragraph (l)(1) of this section, financial institution does not include: ##### 12 CFR 1016.3(k)(2)(i) **(i)** 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 et seq.;) ##### 12 CFR 1016.3(k)(2)(ii) **(ii)** The Federal Agricultural Mortgage Corporation or any entity chartered and operating under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.;) or ##### 12 CFR 1016.3(k)(2)(iii) **(iii)** 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 such institutions do not sell or transfer nonpublic personal information to a nonaffiliated third party. **(3)(i)** Special definition for entities subject to the Federal Trade Commission's enforcement jurisdiction. In the case of an entity described in section 505(a)(7) of the GLB Act (other than such an entity described in section 504(a)(1)(C) of that Act), financial institution means any institution the business of which is engaging in financial activities as described in section 4(k) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(k)). For purposes of this paragraph (l)(3), an institution that is significantly engaged in financial activities is a financial institution. ##### 12 CFR 1016.3(k)(2)(ii) **(ii)** Examples of financial institution. For purposes of this paragraph (l)(3): ###### 12 CFR 1016.3(k)(2)(ii)(A) **(A)** A retailer that extends credit by issuing its own credit card directly to consumers is a financial institution because extending credit is a financial activity listed in 12 CFR 225.28(b)(1) and referenced in section 4(k)(4)(F) of the Bank Holding Company Act and issuing that extension of credit through a proprietary credit card demonstrates that a retailer is significantly engaged in extending credit. ###### 12 CFR 1016.3(k)(2)(ii)(B) **(B)** A personal property or real estate appraiser is a financial institution because real and personal property appraisal is a financial activity listed in 12 CFR 225.28(b)(2)(i) and referenced in section 4(k)(4)(F) of the Bank Holding Company Act. ###### 12 CFR 1016.3(k)(2)(ii)(C) **(C)** An automobile dealership that is not described in section 1029(a) of the Dodd-Frank Act (12 U.S.C. 5519(a)) and that, as a usual part of its business, leases automobiles on a nonoperating basis for longer than 90 days is a financial institution with respect to its leasing business because leasing personal property on a nonoperating basis where the initial term of the lease is at least 90 days is a financial activity listed in 12 CFR 225.28(b)(3) and referenced in section 4(k)(4)(F) of the Bank Holding Company Act. ###### 12 CFR 1016.3(k)(2)(ii)(D) **(D)** A career counselor that specializes in providing career counseling services to individuals currently employed by or recently displaced from a financial organization, individuals who are seeking employment with a financial organization, or individuals who are currently employed by or seeking placement with the finance, accounting or audit departments of any company is a financial institution because such career counseling activities are financial activities listed in 12 CFR 225.28(b)(9)(iii) and referenced in section 4(k)(4)(F) of the Bank Holding Company Act. ###### 12 CFR 1016.3(k)(2)(ii)(E) **(E)** A business that prints and sells checks for consumers, either as its sole business or as one of its product lines, is a financial institution because printing and selling checks is a financial activity that is listed in 12 CFR 225.28(b)(10)(ii) and referenced in section 4(k)(4)(F) of the Bank Holding Company Act. ###### 12 CFR 1016.3(k)(2)(ii)(F) **(F)** A business that regularly wires money to and from consumers is a financial institution because transferring money is a financial activity referenced in section 4(k)(4)(A) of the Bank Holding Company Act and regularly providing that service demonstrates that the business is significantly engaged in that activity. ###### 12 CFR 1016.3(k)(2)(ii)(G) **(G)** A check cashing business is a financial institution because cashing a check is exchanging money, which is a financial activity listed in section 4(k)(4)(A) of the Bank Holding Company Act. ###### 12 CFR 1016.3(k)(2)(ii)(H) **(H)** An accountant or other tax preparation service that is in the business of completing income tax returns is a financial institution because tax preparation services is a financial activity listed in 12 CFR 225.28(b)(6)(vi) and referenced in section 4(k)(4)(G) of the Bank Holding Company Act. ###### 12 CFR 1016.3(k)(2)(ii)(I) **(I)** A business that operates a travel agency in connection with financial services is a financial institution because operating a travel agency in connection with financial services is a financial activity listed in 12 CFR 211.5(d)(15) and referenced in section 4(k)(4)(G) of the Bank Holding Company Act. ###### 12 CFR 1016.3(k)(2)(ii)(J) **(J)** An entity that provides real estate settlement services is a financial institution because providing real estate settlement services is a financial activity listed in 12 CFR 225.28(b)(2)(viii) and referenced in section 4(k)(4)(F) of the Bank Holding Company Act. ###### 12 CFR 1016.3(k)(2)(ii)(K) **(K)** A mortgage broker is a financial institution because brokering loans is a financial activity listed in 12 CFR 225.28(b)(1) and referenced in section 4(k)(4)(F) of the Bank Holding Company Act. ###### 12 CFR 1016.3(k)(2)(ii)(L) **(L)** An investment advisory company and a credit counseling service are each financial institutions because providing financial and investment advisory services are financial activities referenced in section 4(k)(4)(C) of the Bank Holding Company Act. ##### 12 CFR 1016.3(k)(2)(iii) **(iii)** For purposes of this paragraph (l)(3), financial institution does not include: ###### 12 CFR 1016.3(k)(2)(iii)(A) **(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 et seq.;) ###### 12 CFR 1016.3(k)(2)(iii)(B) **(B)** The Federal Agricultural Mortgage Corporation or any entity chartered and operating under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.;) or ###### 12 CFR 1016.3(k)(2)(iii)(C) **(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 such institutions do not sell or transfer nonpublic personal information to a nonaffiliated third party other than as permitted by §§ 1016.14 and 1016.15 of this part. ###### 12 CFR 1016.3(k)(2)(iii)(D) **(D)** Entities that engage in financial activities but that are not significantly engaged in those financial activities. ##### 12 CFR 1016.3(k)(2)(iv) **(iv)** Examples of entities that are not significantly engaged in financial activities. (A) A retailer is not a financial institution if its only means of extending credit are occasional “lay away” and deferred payment plans or accepting payment by means of credit cards issued by others. ###### 12 CFR 1016.3(k)(2)(iv)(B) **(B)** A retailer is not a financial institution merely because it accepts payment in the form of cash, checks, or credit cards that it did not issue. ###### 12 CFR 1016.3(k)(2)(iv)(C) **(C)** A merchant is not a financial institution merely because it allows an individual to “run a tab.” ###### 12 CFR 1016.3(k)(2)(iv)(D) **(D)** A grocery store is not a financial institution merely because it allows individuals to whom it sells groceries to cash a check, or write a check for a higher amount than the grocery purchase and obtain cash in return. **(m)(1)** Financial product or service means any product or service that a financial holding company could offer by engaging in an activity that is financial in nature or incidental to such a financial activity under section 4(k) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(k)). #### 12 CFR 1016.3(k)(2) **(2)** Special definition for entities subject to the Federal Trade Commission's enforcement jurisdiction. In the case of an entity described in section 505(a)(7) of the GLB Act (other than such an entity described in section 504(a)(1)(C) of that Act), financial product or service means any product or service that a financial holding company could offer by engaging in a financial activity under section 4(k) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(k)). #### 12 CFR 1016.3(k)(3) **(3)** Financial service includes your evaluation or brokerage of information that you collect in connection with a request or an application from a consumer for a financial product or service. ### 12 CFR 1016.3(n) **(n)** Member means a consumer who is a member of a credit union, as defined in the credit union's bylaws. **(o)(1)** Nonaffiliated third party means any person except: **(i)** Your affiliate; or **(ii)** A person employed jointly by you and any company that is not your affiliate (but nonaffiliated third party includes the other company that jointly employs the person). #### 12 CFR 1016.3(n)(2) **(2)** Nonaffiliated third party includes, for financial institutions other than credit unions, any company that is an affiliate solely by virtue of your or your affiliate's direct or indirect ownership or control of the company in conducting merchant banking or investment banking activities of the type described in section 4(k)(4)(H) or insurance company investment activities of the type described in section 4(k)(4)(I) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(k)(4)(H) and (I)). **(p)(1)** Nonpublic personal information means: **(i)** Personally identifiable financial information; and **(ii)** Any list, description, or other grouping of consumers (and publicly available information pertaining to them) that is derived using any personally identifiable financial information that is not publicly available. #### 12 CFR 1016.3(n)(2) **(2)** Nonpublic personal information does not include: ##### 12 CFR 1016.3(n)(2)(i) **(i)** Publicly available information, except as included on a list described in paragraph (p)(1)(ii) of this section; or ##### 12 CFR 1016.3(n)(2)(ii) **(ii)** Any list, description, or other grouping of consumers (and publicly available information pertaining to them) that is derived without using any personally identifiable financial information that is not publicly available. #### 12 CFR 1016.3(n)(3) **(3)** Examples of lists. (i) Nonpublic personal information includes any list of individuals' names and street addresses that is derived in whole or in part using personally identifiable financial information that is not publicly available, such as account numbers. ##### 12 CFR 1016.3(n)(3)(ii) **(ii)** Nonpublic personal information does not include any list of individuals' names and addresses that contains only publicly available information, is not derived in whole or in part using personally identifiable financial information that is not publicly available, and is not disclosed in a manner that indicates that any of the individuals on the list is a consumer of a financial institution. **(q)(1)** Personally identifiable financial information means any information: **(i)** A consumer provides to you to obtain a financial product or service from you; **(ii)** About a consumer resulting from any transaction involving a financial product or service between you and a consumer; or **(iii)** You otherwise obtain about a consumer in connection with providing a financial product or service to that consumer. #### 12 CFR 1016.3(n)(2) **(2)** Examples—(i) Information included. Personally identifiable financial information includes: ###### 12 CFR 1016.3(n)(2)(A) **(A)** Information a consumer provides to you on an application to obtain a loan, a credit card, a credit union membership, or other financial product or service; ###### 12 CFR 1016.3(n)(2)(B) **(B)** Account balance information, payment history, overdraft history, and credit or debit card purchase information; ###### 12 CFR 1016.3(n)(2)(C) **(C)** The fact that an individual is or has been one of your customers or has obtained a financial product or service from you; ###### 12 CFR 1016.3(n)(2)(D) **(D)** Any information about your consumer if it is disclosed in a manner that indicates that the individual is or has been your consumer; ###### 12 CFR 1016.3(n)(2)(E) **(E)** Any information that a consumer provides to you or that you or your agent otherwise obtain in connection with collecting on, or servicing, a loan or a credit account; ###### 12 CFR 1016.3(n)(2)(F) **(F)** Any information you collect through an internet “cookie” (an information collecting device from a Web server); and ###### 12 CFR 1016.3(n)(2)(G) **(G)** Information from a consumer report. ##### 12 CFR 1016.3(n)(2)(ii) **(ii)** Information not included. Personally identifiable financial information does not include: ###### 12 CFR 1016.3(n)(2)(ii)(A) **(A)** A list of names and addresses of customers of an entity that is not a financial institution; and ###### 12 CFR 1016.3(n)(2)(ii)(B) **(B)** 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. **(r)(1)** Publicly available information means any information that you have a reasonable basis to believe is lawfully made available to the general public from: **(i)** Federal, state, or local government records; **(ii)** Widely distributed media; or **(iii)** Disclosures to the general public that are required to be made by Federal, state, or local law. #### 12 CFR 1016.3(n)(2) **(2)** Reasonable basis. You have a reasonable basis to believe that information is lawfully made available to the general public if you have taken steps to determine: ##### 12 CFR 1016.3(n)(2)(i) **(i)** That the information is of the type that is available to the general public; and ##### 12 CFR 1016.3(n)(2)(ii) **(ii)** Whether an individual can direct that the information not be made available to the general public and, if so, that your consumer has not done so. #### 12 CFR 1016.3(n)(3) **(3)** Examples—(i) Government records. Publicly available information in government records includes information in government real estate records and security interest filings. ##### 12 CFR 1016.3(n)(3)(ii) **(ii)** Widely distributed media. Publicly available information from widely distributed media includes 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. ##### 12 CFR 1016.3(n)(3)(iii) **(iii)** Reasonable basis. (A) You have a reasonable basis to believe that mortgage information is lawfully made available to the general public if you have determined that the information is of the type included on the public record in the jurisdiction where the mortgage would be recorded. ###### 12 CFR 1016.3(n)(3)(iii)(B) **(B)** You have a reasonable basis to believe that an individual's telephone number is lawfully made available to the general public if you have located the telephone number in the telephone book or the consumer has informed you that the telephone number is not unlisted. **(s)(1)** You means a financial institution for which the Bureau has rulemaking authority under section 504(a)(1)(A) of the GLB Act (15 U.S.C. 6804(a)(1)(A)). #### 12 CFR 1016.3(n)(2) **(2)** You does not include: ##### 12 CFR 1016.3(n)(2)(i) **(i)** A financial institution that is a person described in section 1029(a) of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5519(a)); ##### 12 CFR 1016.3(n)(2)(ii) **(ii)** A financial institution or other person subject to the jurisdiction on the Commodity Futures Trading Commission under 7 U.S.C. 7b-2; ##### 12 CFR 1016.3(n)(2)(iii) **(iii)** A broker or dealer that is registered under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.;) ##### 12 CFR 1016.3(n)(2)(iv) **(iv)** A registered investment adviser, properly registered by or on behalf of either the Securities Exchange Commission or any State, with respect to its investment advisory activities and its activities incidental to those investment advisory activities; ##### 12 CFR 1016.3(n)(2)(v) **(v)** An investment company that is registered under the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.;) or ##### 12 CFR 1016.3(n)(2)(vi) **(vi)** An insurance company, with respect to its insurance activities and its activities incidental to those insurance activities, that is subject to supervision by a State insurance regulator. ## Source Source: Electronic Code of Federal Regulations (eCFR), title 12, up to date as of 29 October 2026, from the eCFR API (ecfr.gov). The eCFR is an editorial compilation of the CFR and Federal Register amendments, not an official legal edition of the CFR. Source credit: \[76 FR 79028, Dec. 21, 2011, as amended by CFPB-2016-0032, 83 FR 40958, Aug. 17, 2018\] [12 CFR 1016.3 on eCFR](https://www.ecfr.gov/current/title-12/section-1016.3) eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026. This is reference material, not legal advice. ## Navigation [GLBA Navigator](https://dposchool.com/glba) / 12 CFR 1016.3 Previous: [12 CFR 1016.2 GLBA: Model privacy form and examples](https://dposchool.com/glba/section/1016.2) Next: [12 CFR 1016.4 GLBA: Initial privacy notice to consumers required](https://dposchool.com/glba/section/1016.4) ## For AI agents - Machine-readable index: https://dposchool.com/glba/llms.txt - JSON API: https://dposchool.com/glba/api/v1/index.json - Vendor privacy and security facts: https://vendor.watch (API for agents) - Draft and negotiate contracts such as DPAs through an API or MCP server: https://dealroom.todo.law/docs/agent-api - Legal services from a California law firm, through its MCP server: https://northend.law/agents