---
kind: "section"
citation: "15 U.S.C. § 6809"
title: "15"
title_heading: "Commerce and Trade"
number: "6809"
heading: "Definitions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/6809"
units:
  - "Chapter 94 — Privacy"
  - "Subchapter I — Disclosure of Nonpublic Personal Information"
---

# §6809. Definitions


As used in this subchapter:

- (1) **Federal banking agency—** The term “Federal banking agency” has the same meaning as given in [section 1813 of title 12](/usc/12/1813.md).
- (2) **Federal functional regulator—** The term “Federal functional regulator” means—
  - (A) the Board of Governors of the Federal Reserve System;
  - (B) the Office of the Comptroller of the Currency;
  - (C) the Board of Directors of the Federal Deposit Insurance Corporation;
  - (D) the Director of the Office of Thrift Supervision;
  - (E) the National Credit Union [Administration](/usc/15/636e.md?p=1) Board; and
  - (F) the Securities and Exchange Commission.
- (3) **Financial institution—**
  - (A) **In general—** The term “financial institution” means any institution the business of which is engaging in financial activities as described in [section 1843(k) of title 12](/usc/12/1843.md?p=k).
  - (B) **Persons subject to CFTC regulation—** Notwithstanding [subparagraph (A)](#3-A), the term “[financial institution](#3-A)” does not include any [person](/usc/15/7a.md?p=6) 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](/usc/7/1.md) et seq.].
  - (C) **Farm credit institutions—** Notwithstanding [subparagraph (A)](#3-A), the term “[financial institution](#3-A)” does not include the Federal Agricultural Mortgage Corporation or any entity chartered and operating under the Farm Credit Act of 1971 [[12 U.S.C. 2001](/usc/12/2001.md) et seq.].
  - (D) **Other secondary market institutions—** Notwithstanding [subparagraph (A)](#3-A), the term “[financial institution](#3-A)” does not include institutions chartered by Congress specifically to engage in transactions described in [section 6802(e)(1)(C) of this title](/usc/15/6802.md?p=e-1-C), as long as such institutions do not sell or transfer [nonpublic personal information](#4-A) to a [nonaffiliated third party](#5).
- (4) **Nonpublic personal information—**
  - (A) The term “nonpublic personal information” means personally identifiable financial information—
    - (i) provided by a [consumer](#9) to a [financial institution](#3-A);
    - (ii) resulting from any transaction with the [consumer](#9) or any service performed for the [consumer](#9); or
    - (iii) otherwise obtained by the [financial institution](#3-A).
  - (B) Such term does not include publicly available information, as such term is defined by the regulations prescribed under [section 6804 of this title](/usc/15/6804.md).
  - (C) Notwithstanding [subparagraph (B)](#4-B), such term—
    - (i) shall include any list, description, or other grouping of [consumers](#9) (and publicly available information pertaining to them) that is derived using any [nonpublic personal information](#4-A) other than publicly available information; but
    - (ii) shall not include any list, description, or other grouping of [consumers](#9) (and publicly available information pertaining to them) that is derived without using any [nonpublic personal information](#4-A).
- (5) **Nonaffiliated third party—** The term “nonaffiliated third party” means any entity that is not an [affiliate](#6) of, or related by common ownership or affiliated by corporate control with, the [financial institution](#3-A), but does not include a joint employee of such institution.
- (6) **Affiliate—** The term “affiliate” means any company that controls, is controlled by, or is under common control with another company.
- (7) **Necessary to effect, administer, or enforce—** The term “as necessary to effect, administer, or enforce the transaction” means—
  - (A) the disclosure is required, or is a usual, appropriate, or acceptable method, to carry out the transaction or the product or service business of which the transaction is a part, and record or service or maintain the [consumer](#9)’s account in the ordinary course of providing the financial service or financial product, or to administer or service benefits or claims relating to the transaction or the product or service business of which it is a part, and includes—
    - (i) providing the [consumer](#9) or the [consumer](#9)’s agent or broker with a confirmation, statement, or other record of the transaction, or information on the status or value of the financial service or financial product; and
    - (ii) the accrual or recognition of incentives or bonuses associated with the transaction that are provided by the [financial institution](#3-A) or any other party;
  - (B) the disclosure is required, or is one of the lawful or appropriate methods, to enforce the rights of the [financial institution](#3-A) or of other [persons](/usc/15/7a.md?p=6) engaged in carrying out the financial transaction, or providing the product or service;
  - (C) the disclosure is required, or is a usual, appropriate, or acceptable method, for insurance underwriting at the [consumer](#9)’s request or for reinsurance purposes, or for any of the following purposes as they relate to a [consumer](#9)’s insurance: Account [administration](/usc/15/636e.md?p=1), reporting, investigating, or preventing fraud or material misrepresentation, processing premium payments, processing insurance claims, administering insurance benefits (including utilization review activities), participating in research projects, or as otherwise required or specifically permitted by Federal or [State](/usc/15/15g.md?p=2) law; or
  - (D) the disclosure is required, or is a usual, appropriate or acceptable method, in connection with—
    - (i) the authorization, settlement, billing, processing, clearing, transferring, reconciling, or collection of amounts charged, debited, or otherwise paid using a debit, credit or other payment card, check, or account number, or by other payment means;
    - (ii) the transfer of receivables, accounts or interests therein; or
    - (iii) the audit of debit, credit or other payment information.
- (8) **State insurance authority—** The term “State insurance authority” means, in the case of any [person](/usc/15/7a.md?p=6) engaged in providing insurance, the State insurance authority of the [State](/usc/15/15g.md?p=2) in which the [person](/usc/15/7a.md?p=6) is domiciled.
- (9) **Consumer—** The term “consumer” means an individual who obtains, from a [financial institution](#3-A), financial products or services which are to be used primarily for personal, family, or household purposes, and also means the legal representative of such an individual.
- (10) **Joint agreement—** The term “joint agreement” means a formal written contract pursuant to which two or more [financial institutions](#3-A) jointly offer, endorse, or sponsor a financial product or service, and as may be further defined in the regulations prescribed under [section 6804 of this title](/usc/15/6804.md).
- (11) **Customer relationship—** The term “time of establishing a customer relationship” shall be defined by the regulations prescribed under [section 6804 of this title](/usc/15/6804.md), and shall, in the case of a [financial institution](#3-A) engaged in extending credit directly to [consumers](#9) to finance purchases of goods or services, mean the time of establishing the credit relationship with the [consumer](#9).

## Source credit

(Pub. L. 106–102, title V, § 509, Nov. 12, 1999, 113 Stat. 1443.)

## Notes

### Editorial Notes

### References in Text

This subchapter, referred to in text, was in the original “this subtitle”, meaning subtitle A (§§ 501–510) of title V of Pub. L. 106–102, Nov. 12, 1999, 113 Stat. 1436, which is classified principally to this subchapter. For complete classification of subtitle A to the Code, see Tables.

The Commodity Exchange Act, referred to in par. (3)(B), is act Sept. 21, 1922, ch. 369, 42 Stat. 998, which is classified generally to chapter 1 (§ 1 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see section 1 of Title 7 and Tables.

The Farm Credit Act of 1971, referred to in par. (3)(C), is Pub. L. 92–181, Dec. 10, 1971, 85 Stat. 583, which is classified generally to chapter 23 (§ 2001 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title note set out under section 2001 of Title 12 and Tables.