12 C.F.R. Subpart A—General Provisions
Title 12 - Banks and Banking
Source: 70 FR 70692, Nov. 22, 2005, unless otherwise noted.
(a) Purpose. The purpose of this part is to establish standards for Federal credit unions regarding consumer report information. In addition, the purpose of this part is to specify the extent to which Federal credit unions may obtain, use or share certain information. This part also contains a number of measures Federal credit unions must take to combat consumer fraud and related crimes, including identity theft. (b) [Reserved] The examples in this part are not exclusive. Compliance with an example, to the extent applicable, constitutes compliance with this part. Examples in a paragraph illustrate only the issue described in the paragraph and do not illustrate any other issue that may arise in this part. As used in this part, unless the context requires otherwise: (a) Act means the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.). (b) Affiliate means any company that is related by common ownership or common corporate control with another company. For example, an affiliate of a Federal credit union is a credit union service corporation (CUSO), as provided in 12 CFR part 712, that is controlled by the Federal credit union. (c) [Reserved] (d) Company means any corporation, limited liability company, business trust, general or limited partnership, association, or similar organization. (e) Consumer means an individual. (f)–(h) [Reserved] (i) Common ownership or common corporate control means a relationship between two companies under which: (1) One company has, with respect to the other company: (i) Ownership, control, or power to vote 25 percent or more of the outstanding shares of any class of voting security of a company, directly or indirectly, or acting through one or more other persons; (ii) Control in any manner over the election of a majority of the directors, trustees, or general partners (or individuals exercising similar functions) of a company; or (iii) The power to exercise, directly or indirectly, a controlling influence over the management or policies of a company, as the NCUA determines; or (iv) Example. NCUA will presume a credit union has a controlling influence over the management or policies of a CUSO, if the CUSO is 67% owned by credit unions. (2) Any other person has, with respect to both companies, a relationship described in paragraphs (i)(1)(i) through (i)(1)(iii) of this section. (j) [Reserved] (k) Medical information means: (1) Information or data, whether oral or recorded, in any form or medium, created by or derived from a health care provider or the consumer, that relates to: (i) The past, present, or future physical, mental, or behavioral health or condition of an individual; (ii) The provision of health care to an individual; or (iii) The payment for the provision of health care to an individual. (2) The term does not include: (i) The age or gender of a consumer; (ii) Demographic information about the consumer, including a consumer's residence address or e-mail address; (iii) Any other information about a consumer that does not relate to the physical, mental, or behavioral health or condition of a consumer, including the existence or value of any insurance policy; or (iv) Information that does not identify a specific consumer. (l) Person means any individual, partnership, corporation, trust, estate cooperative, association, government or governmental subdivision or agency, or other entity.
Title 12: Banks and Banking
PART 717—FAIR CREDIT REPORTING
Subpart A—General Provisions
§ 717.1 Purpose.
§ 717.2 Examples.
§ 717.3 Definitions.
