AMERICAN FIDELITY LIFE INSURANCE COMPANY
It is and shall remain the policy of American Fidelity Life Insurance Company to respond promptly to any information request by a government agency or official while still observing and respecting our customer’s legal right to privacy. These information requests can come from Federal, State and/or local government agencies or law enforcement officials. Additionally, these requests can come in one of many forms including: a subpoena, a search warrant or a formal written request. In all cases, the Company’s counsel should be notified of the information request to judge the legal sufficiency of the request.
When an information request comes from a federal agency, then the Company will observe the requirements of the Right to Financial Privacy Act. (“RFPA” 12 U.S.C. 3401). The one exception to the rule is a request from the Internal Revenue Service. They are given inspection rights under the IRS code and not covered by the RFPA. If the federal agency has not received the customer’s consent to receive the needed information, then that federal agency will serve the Company with a subpoena, a search warrant or a formal written request for the information. In each case, the federal agency must give a certificate to the Company that they have complied with the requirements of the RFPA. The Company may rely on the agencies certification and has no further duty to investigate. The Company is not prohibited from informing the customer of the information request unless there is a specific prohibition. These prohibitions include: 1) court order; 2) FBI request for counter-intelligence purposes; 3) grand jury subpoena for crime against a financial institution or supervisory agency.
The RFPA does not apply to the following requests:
- Records not identified with a specific customer
- Supervisory agency examinations
- Information required to be reported under federal law
- Information requested for litigation purposes in which the government and customer are parties and the request conforms to the federal rules of civil procedure
- Providing customer information such as name, address, account number and type of account held
- Grand jury subpoena (except as it relates to non-disclosure to customer)
- If the government agency presents proof of exemption
If the information request is from a state or local jurisdiction, then state law will generally apply. The Company will comply with a subpoena or search warrant from a government agency or law enforcement official immediately. If the information request is a formal written request or oral request the Company will ask the government agency or law enforcement official to put their request in subpoena form. This will protect the Company from a privacy violation claim by the customer.
In the event that the Company receives a subpoena in connection with civil litigation, then the Company shall forward that request to counsel to determine next steps.
The Compliance Officer shall provide training and operating procedures for complying with information requests.
Enforcement and Oversight
The primary responsibility for ensuring compliance with this policy and its operating procedures rests with the Board of Directors and each employee. Any change to this policy must be approved by the Board of Directors. The Board shall also review and approve this policy each year for any changes that may be necessary to ensure the Company’s compliance and for risk mitigation.
Senior Management is responsible for ensuring appropriate directives are implemented and administered in compliance with the approved policy.
The Company’s Compliance Officer shall ensure that appropriate training is given to new and existing employees who may receive documents requesting customer information.