Notice to Individual – Use of Information
The Commissioner of the Department of Financial Protection and Innovation (the “Commissioner”) is authorized by the Financial Code to gather and maintain the information requested in the form you have accessed. If the form is submitted in connection with any application or other matter before the Commissioner, the requested information is deemed necessary to process that application or other matter pursuant to the Financial Code. If the requested information is not accurately and completely provided, the application may be denied, or the other matter may be resolved against your interests.
If the form requests you to provide your social security account number, please be advised that providing your social security account number is voluntary. Your social security account number will be used as an identifier, and may be used to verify information provided to the Department of Financial Protection and Innovation (the “Department”). Failure to provide your social security number may require the Department to use other methods to verify information, which may cause delays in processing this information and any related application or other matter. If the information you have provided to the Department cannot be verified, the Department may reject your filing and deny any related application or cause any other matter to be resolved against your interests. In addition, the Commissioner may request additional information or clarification of submitted information.
You may be required to provide your fingerprints in conjunction with submitting your personal information. If your fingerprints are required, the Department will provide you with the necessary instructions and, if applicable, the forms upon which your fingerprints may be submitted.
In processing the information you provide, the Department may cause a consumer credit report to be prepared in accordance with the provisions of Title 1.6, Part 4, Division Third of the Civil Code (commencing at Section 1785.1), or an investigative consumer report to be prepared in accordance with the provisions of Title 1.6A, Part 4, Division Third of the Civil Code (commencing at Section 1786), or the respective successor statutes.
The information you provide the Department will be held in confidence as required by the Information Practices Act (Civil Code Section 1798, et seq.). The Information Practices Act provides that the Department may share the information you provide with the Department of Insurance, the Department of Financial Protection and Innovation, other federal and state financial institution regulators, law enforcement agencies, or any other governmental entity if the disclosure is required under state or federal law. In addition, the Department may share the information you provide with any such agency if the disclosure assists the agency in discharging its duties.
Each individual has the right to review information maintained by the Department regarding him or herself, unless access to some or all of the information is exempt from disclosure by law. The official responsible for maintaining information gathered by the Department is as follows:
For all matters relating to credit unions
Attn: Deputy Commissioner, Credit Unions
Department of Financial Protection and Innovation
Division of Financial Institutions
45 Fremont Street, Suite 1700
San Francisco, California 94105-2219
For all matters relating to money transmitters
Attn: Commissioner, Money Transmitters
Department of Financial Protection and Innovation
Division of Financial Institutions
45 Fremont Street, Suite 1700
San Francisco, California 94105-2219
For all other matters
Attn: Deputy Commissioner, Banking
Department of Financial Protection and Innovation
Division of Financial Institutions
2101 Arena Boulevard
Sacramento, CA 95834
Notice Required Under State Law
The following notice is required by state law under the Information Practices Act of 1977 (California Civil Code Section 1798.17).
The California Department of Financial Protection and Innovation requests the information in the attached form to determine whether:
- A license, qualification, registration, certificate or other authority should be accepted, granted, approved, denied, revoked, or limited in any way;
- Business entities or individuals licensed or otherwise regulated by the Department of Financial Protection and Innovation are conducting themselves in accordance with applicable laws; and/or
- Laws administered by the Department of Financial Protection and Innovation are being or have been violated and whether administrative action, civil action, or referral to a self-regulatory organization or other government agency is appropriate.
All information you provide is voluntary. Failure to provide all or any part of the information requested may hinder the Department of Financial Protection and Innovation from investigating your complaint.
We may share your personal information, as needed, with licensed business entities or individuals to facilitate resolution of your complaint. We may also share your information with other government agencies or self-regulatory organizations.
The Commissioner is responsible for the performance of all duties, the exercise of all powers and jurisdiction, and the assumption and discharge of all responsibilities vested by law in the Department. The Commissioner has and may exercise all the powers necessary or convenient for the administration and enforcement of, among other laws, the laws described in Financial Code Section 300. The Commissioner may issue such rules and regulations consistent with law as he or she may deem necessary or advisable in executing the powers, duties, and responsibilities of the Department.
The information you provide is maintained by the Department of Financial Protection and Innovation pursuant to one or more of the following laws:
- California Commodity Law of 1990 (Corporations Code Section 29500, et seq.);
- California Consumer Financial Protection Law (Financial Code Section 90000, et seq.);
- California Credit Union Law (Financial Code Section 14000, et seq.);
- California Deferred Deposit Transaction Law (Financial Code Section 23000, et seq.);
- California Financing Law (Financial Code Section 22000, et seq.);
- California Residential Mortgage Lending Act (Financial Code Section 50000, et seq.).
- Capital Access Company Law (Corporations Code Section 28000, et seq.);
- Check Sellers, Bill Payers and Proraters Law (Financial Code Section 12000, et seq.);
- Corporate Securities Law of 1968 (Corporations Code Section 25000, et seq.);
- Bucket Shop Law (Corporations Code Section 29000, et seq.);
- Escrow Law (Financial Code Section 17000, et seq.);
- Financial Institutions Law (Financial Code Section 99, et seq.);
- Franchise Investment Law (Corporations Code Section 31000, et seq.);
- Money Transmission Act (Financial Code Section 2000, et seq.);
- Securities Depository Law (Financial Code Section 30000, et seq.); and
- Student Loan Servicing Act (Financial Code Section 28100, et seq.).
You have a right to see your personal information. The official responsible for maintaining information gathered by the Department of Financial Protection and Innovation is:
Deputy Commissioner, Consumer Services
Department of Financial Protection and Innovation
2101 Arena Boulevard
Sacramento, CA 95834
[email protected]