Title 31 — Subtitle 16. Miscellaneous

Section B of this regulation does not apply to any business written or placed in an insurer writing property and casualty insurance other than vehicle liability or vehicle physical damage insurance when the insurer writing the business:

However, whenever the insurer's net premium writings for a current year exceed two times its surplus as shown on the prior year's annual statement or later examination, the legend referred to in §B of this regulation shall be required to be affixed as aforesaid for the remainder of the current calendar year and during the following calendar year.

“Act” means Insurance Article, §22-103, Annotated Code of Maryland.

“Beneficial owner” means a person, other than the buyer in a real estate transaction, for whose benefit a title insurer or title insurance producer is entrusted to hold trust money.

“Buyer” means a buyer in a real estate transaction.

“Commissioner” means the Maryland State Insurance Commissioner.

“Financial institution” means:

Law Firm.

“MAHT account” means an account established with a financial institution for the benefit of the Maryland Affordable Housing Trust.

“Maryland Affordable Housing Trust (MAHT)” means the fund created under Housing and Community Development Article, Annotated Code of Maryland.

“Mortgage” includes a deed of trust.

“Person” means an individual, joint venture, partnership, corporation, trust, foundation, association, limited liability company, or any other legal entity.

Title Agency.

Title Insurance Producer.

“Trust money” means a deposit, payment, or other money that a person entrusts to a title insurer or a title insurance producer to hold for a buyer or beneficial owner in connection with a real estate escrow, settlement, closing, or title indemnification.

Each title insurer or title insurance producer expecting to make trust money deposits, as set forth in §B of this regulation, shall establish one or more MAHT accounts with a financial institution.

The MAHT account:

Except as provided in §B(3) of this regulation, a title insurer or title insurance producer shall deposit all trust monies, as defined in Regulation .02B of this chapter, into a MAHT account as provided in §B(2) of this regulation.

Trust money from a particular transaction shall be deposited into a MAHT account only if, in the reasonable judgement of the title insurer or the title insurance producer, the money (if deposited into a separate MAHT interest bearing account) would earn:

A law firm is not required to deposit trust monies into a MAHT account, but shall deposit those monies as may be required by any other applicable law, including the attorney trust accounts provisions of Business Occupations and Professions Article, Annotated Code of Maryland.

The financial institution in which the MAHT account is maintained pays the interest earned on the MAHT account, less the reasonable and customary service charges of the financial institution, at least quarterly, to MAHT;

At the time of payment of interest earned to MAHT, the financial institution provides an itemized statement for each MAHT account maintained in that financial institution, which statement shall set forth:

Reasonable and customary charges for commercial accounts may be deducted from interest on the MAHT account, except charges for:

If the aggregate service charges assessed against a title insurer or title insurance producer on all of its MAHT accounts held in a single financial institution exceed the aggregate interest earned on those MAHT accounts, the title insurer or title insurance producer is liable for payment of those service charges to the extent they exceed the earned interest.

The Commissioner or MAHT may authorize a title insurer or title insurance producer to close all of its MAHT accounts or not open a MAHT account or accounts if the title insurer or title insurance producer:

These regulations do not preclude a financial institution from electing to waive service charges on a MAHT account.

Specified by the buyer or beneficial owner; or

Agreed upon by the buyer or beneficial owner and the title insurer or title insurance producer.

In a separate agreement; or

If part of another agreement between the parties, in conspicuous type and initialed by the buyer or beneficial owner.

A list of all MAHT accounts and other bank accounts maintained by the title insurer or title insurance producer in which trust money was deposited at any time during the year, which list shall include the:

Gross and net interest earned on each account;

A list of the types and amounts charged for services provided to each account, together with the total amount charged for services for each account; and

Any other information the Commissioner considers necessary.

The Commissioner may audit a title insurer or title insurance producer for compliance with this chapter.

The Commissioner may examine, and a title insurer or title insurance producer shall produce for examination, any record or document of a title insurer or title insurance producer, including:

Each title insurer or title insurance producer shall permit the Commissioner to investigate, review, and copy records or documents of a financial institution pertaining to an account of a title insurer or title insurance producer.

The Commissioner may delegate the authority to audit a title insurer or title insurance producer to MAHT for compliance with this chapter.

If the Commissioner delegates its audit authority to MAHT, MAHT may audit the transactional files and related financial records of a title insurer or title insurance producer in connection with the sale or financing of real estate.

If the Commissioner delegates its audit authority to MAHT, MAHT shall conduct the audit and report its findings to the Commissioner.

The Commissioner may take appropriate action based upon the findings reported in the audit.

“Affiliate” means a company that controls, is controlled by, or is under common control with another company.

“Clear and conspicuous notice” means a notice that is:

“Collect” means to obtain information that the licensee organizes 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.

“Commissioner” means the Maryland Insurance Commissioner.

“Company” means a corporation, limited liability company, business trust, general or limited partnership, association, sole proprietorship, or similar organization.

“Consumer” has the meaning stated in §C of this regulation.

“Consumer reporting agency” has the meaning stated in §603(f) of the federal Fair Credit Reporting Act, 15 U.S.C. §1681a(f).

“Control” means:

“Customer” means a consumer who has a customer relationship with a licensee.

Customer Relationship.

Financial Institution.

“Financial product” means a product that a financial holding company could offer by engaging in an activity that is financial in nature or incidental to a financial activity under §4(k) of the Bank Holding Company Act of 1956, 12 U.S.C. §1843(k).

Financial Service.

“Health care” means:

Health Care Provider.

“Health information” means any information or data except age or gender, whether oral or recorded in any form or medium, created by or derived from a health care provider or the consumer that relates to:

“Insurance product” means any product that is offered by a licensee pursuant to the insurance laws of this State.

Insurance Service.

Licensee.

Nonaffiliated Third Party.

“Nonpublic personal information” means nonpublic personal financial information and nonpublic personal health information.

Nonpublic Personal Financial Information.

“Nonpublic personal health information” means health information:

“Opt out” means a direction by the consumer that the licensee not disclose nonpublic personal financial information about that consumer to a nonaffiliated third party, other than as permitted by Regulations .14, .15, and .16 of this chapter.

Personally Identifiable Financial Information.

“Publicly available information” means any information for which a licensee:

“Consumer” means an individual:

“Consumer” includes:

“Consumer” does not include:

The licensee is an employee, agent, or other representative of another licensee;

The other licensee otherwise complies with, and provides the notices required by, the provisions of this chapter; and

The licensee does not disclose any nonpublic personal information to any person other than the other licensee or its affiliates in a manner permitted by this chapter.

The broker or insurer does not disclose nonpublic personal information of a consumer or a customer to nonaffiliated third parties for any purpose, including joint servicing or marketing under Regulation .14 of this chapter, except as permitted by Regulations .15 or .16 of this chapter; and

The broker or insurer delivers a notice to the consumer at the time a customer relationship is established on which the following is printed in 16-point type:

An individual who becomes the licensee's customer, not later than when the licensee establishes a customer relationship, except as provided in §E of this regulation; and

A consumer, before the licensee discloses any nonpublic personal financial information about the consumer to any nonaffiliated third party, if the licensee makes a disclosure other than as authorized by Regulations .15 and .16 of this chapter.

The licensee does not:

An affiliated licensee has provided a notice to the consumer that:

A licensee establishes a customer relationship at the time the licensee and the consumer enter into a continuing relationship, including when the consumer:

For purposes of §C(1) of this regulation, a consumer becomes a policyholder of a licensee:

The licensee may provide a revised policy notice, under Regulation .09 of this chapter, that covers the customer's new insurance product or insurance service; or

If the initial, revised, or annual notice that the licensee most recently provided to that customer was accurate with respect to the new insurance product or insurance service, the licensee does not need to provide a new privacy notice under §A of this regulation.

Establishing the customer relationship is not at the customer's election; or

Providing notice not later than when the licensee establishes a customer relationship would substantially delay the customer's transaction, and the customer agrees to receive the notice at a later time.

Except as provided in §F(2) of this regulation, a licensee subject to this regulation shall deliver an initial privacy notice in accordance with Regulation .10 of this chapter.

A licensee that uses a short-form initial notice provided for under Regulation .07K of this chapter may deliver its privacy notice in accordance with Regulation .07K(3) of this chapter.

Except as provided in §B of this regulation, a licensee shall provide a clear and conspicuous notice to customers that accurately reflects its privacy policies and practices for nonpublic financial information at least once in each annual notice period during the continuation of the customer relationship.

A licensee may define the annual notice period as:

The licensee shall apply the annual notice period as defined under §A(2) of this regulation to a customer on a consistent basis.

Notwithstanding §A of this regulation, a licensee is not required to provide an annual privacy notice to a current customer if the licensee:

A licensee is not required to provide an annual notice to a former customer with whom a licensee no longer has a continuing relationship.

The categories of nonpublic personal financial information that the licensee collects;

The categories of nonpublic personal financial information that the licensee discloses;

The categories of affiliates and nonaffiliated third parties to whom the licensee discloses nonpublic personal financial information, other than those parties to whom the licensee discloses information under Regulations .15 and .16 of this chapter;

The categories of:

If a licensee discloses nonpublic personal financial information to a nonaffiliated third party under Regulation .14 of this chapter and no other exception in Regulations .15 and .16 of this chapter applies to that disclosure, a separate description of the categories of information the licensee discloses and the categories of third parties with whom the licensee has contracted;

An explanation of the consumer's right under Regulation .11A of this chapter to opt out of the disclosure of nonpublic personal financial information to nonaffiliated third parties, including the methods by which the consumer may exercise that right at that time;

Any disclosures that the licensee makes under §603(d)(2)(A)(iii) of the federal Fair Credit Reporting Act, 15 U.S.C. §1681a(d)(2)(A)(iii) regarding the ability to opt out of disclosures of information among affiliates;

The licensee's policies and practices with respect to protecting the confidentiality and security of nonpublic personal financial information; and

Any disclosure that the licensee makes under §B of this regulation.

The licensee is not required to list those exceptions in the initial or annual privacy notices required by Regulations .05 and .06 of this chapter; and

When describing the categories of parties to whom disclosure is made, the licensee is required to state only that it makes disclosures to other affiliated or nonaffiliated third parties, as applicable, as permitted by law.

Information from the consumer;

Information about the consumer's transactions with the licensee or its affiliates;

Information about the consumer's transactions with nonaffiliated third parties; and

Information from a consumer reporting agency.

Categorizes the information according to source, as described in §C of this regulation; and

Provides a few examples to illustrate the types of information in each category, such as:

A licensee satisfies the requirement to categorize the affiliates and nonaffiliated third parties to which the licensee discloses nonpublic personal financial information about consumers if the licensee identifies the types of businesses in which they engage.

Types of businesses may be described by general terms only if the licensee uses a few illustrative examples of significant lines of business, including the use by a licensee of the term financial products or services if the licensee includes appropriate examples of significant lines of businesses, such as life insurer, automobile insurer, consumer banking, or securities brokerage.

A licensee also may categorize the affiliates and nonaffiliated third parties to which it discloses nonpublic personal financial information about consumers using more detailed categories.

Lists the categories of nonpublic personal financial information it discloses, using the same categories and examples the licensee used to meet the requirements of §A(2) of this regulation, as applicable; and

States whether the third party is:

A licensee shall describe its policies and practices with respect to protecting the confidentiality and security of nonpublic personal financial information.

A licensee may satisfy §J(1) of this regulation if the licensee:

A licensee is not required to describe technical information about the safeguards it uses.

A licensee may satisfy the initial notice requirements in Regulations .05A(2) and .08C of this chapter for a consumer who is not a customer by providing a short-form initial notice at the same time the licensee delivers an opt out notice as required in Regulation .08 of this chapter.

A short-form initial notice shall:

Delivery of Short-Form Initial Notice.

Categories of nonpublic personal financial information that the licensee reserves the right to disclose in the future, but does not currently disclose; and

Categories of affiliates or nonaffiliated third parties to whom the licensee reserves the right in the future to disclose, but to whom the licensee does not currently disclose, nonpublic personal financial information.

A licensee required to provide an opt out notice under Regulation .11A of this chapter shall provide a clear and conspicuous notice to each of the licensee's consumers that accurately explains the right to opt out under that regulation.

A right to opt out notice required to be provided under §A(1) of this regulation shall state:

A licensee provides adequate notice that the consumer can opt out of the disclosure of nonpublic personal financial information to a nonaffiliated third party if the licensee:

A licensee provides a reasonable means to exercise an opt out right if the licensee:

A licensee does not provide a reasonable means to exercise an opt out right if:

A licensee may require each consumer to opt out through a specific means, as long as that means is reasonable for that consumer.

If two or more consumers jointly obtain an insurance product or insurance service from a licensee, the licensee may provide a single opt out notice. The licensee's opt out notice shall explain how the licensee will treat an opt out direction by a joint consumer.

Any of the joint consumers may exercise the right to opt out.

The licensee may either:

If a licensee permits each joint consumer to opt out separately, the licensee shall permit one of the joint consumers to opt out on behalf of all of the joint consumers.

A licensee may not require all joint consumers to opt out before it implements any opt out direction.

A consumer's direction to opt out under this regulation is effective until the consumer revokes it in writing or, if the consumer agrees, electronically.

When a customer relationship terminates, the customer's opt out direction continues to apply to the nonpublic personal financial information that the licensee collected during or related to that relationship.

If an individual subsequently establishes a new customer relationship with the licensee, the opt out direction that applied to the former relationship does not apply to the new relationship.

The licensee has provided to the consumer a clear and conspicuous revised notice that accurately describes its policies and practices;

The licensee has provided to the consumer a new opt out notice;

The licensee has given the consumer a reasonable opportunity, before the licensee discloses the information to the nonaffiliated third party, to opt out of the disclosure; and

The consumer does not opt out.

Except as otherwise permitted by Regulations .14, .15, and .16 of this chapter, a licensee shall provide a revised notice before it discloses:

A revised notice is not required if the licensee discloses nonpublic personal financial information to a new nonaffiliated third party that the licensee adequately described in its prior notice.

A licensee required to provide a notice under this chapter shall provide any notice required by this chapter so that each consumer can reasonably be expected to receive actual notice in writing or, if the consumer agrees, electronically.

A licensee may reasonably expect that a consumer will receive actual notice if the licensee:

A licensee fails to meet the requirements of §A(1) of this regulation if the licensee:

Uses the licensee's web site to access insurance products and insurance services electronically, and agrees to receive notices at the web site and the licensee posts its current privacy notice continuously in a clear and conspicuous manner on the web site; or

Has requested that the licensee refrain from sending any information regarding the customer relationship, and the licensee's current privacy notice remains available to the customer upon request.

For customers only, a licensee shall provide the following privacy notices so that the customer can retain the privacy notices or obtain the privacy notices later in writing or, if the customer agrees, electronically:

A licensee provides a privacy notice to the customer so that the customer can retain it or obtain it later if the licensee:

A licensee may provide a joint notice from the licensee and one or more of its affiliates or other financial institutions, as identified in the notice, as long as the notice is accurate with respect to the licensee and the other institutions.

A licensee also may provide a notice on behalf of another financial institution.

The licensee has provided to the consumer an initial notice as required under Regulation .05 of this chapter;

The licensee has provided to the consumer an opt out notice as required in Regulation .08 of this chapter;

The licensee has given the consumer a reasonable opportunity, before it discloses the information to the nonaffiliated third party, to opt out of the disclosure; and

The consumer does not opt out.

The licensee mails the notices required in Regulations .05 and .08 of this chapter to the consumer and allows the consumer to opt out by:

The following action is taken:

For an isolated transaction such as providing the consumer with an insurance quote, the licensee provides the notices required in Regulations .05 and .08 of this chapter at the time of the transaction and requests that the consumer decide, as a necessary part of the transaction, whether to opt out before completing the transaction.

The licensee may disclose the information to the affiliates of the financial institution from which the licensee received the information;

The licensee may disclose the information to its affiliates, but the licensee's affiliates may, in turn, disclose and use the information only to the extent that the licensee may disclose and use the information; and

The licensee may disclose and use the information pursuant to an exception in Regulation .15 or .16 of this chapter, in the ordinary course of business to carry out the activity covered by the exception under which the licensee received the information.

To the affiliates of the financial institution from which the licensee received the information;

To its affiliates, but its affiliates may, in turn, disclose the information only to the extent that the licensee may disclose the information; and

To any other person, if the disclosure would be lawful if made directly to that person by the financial institution from which the licensee received the information.

Disclose that information to a third party for marketing purposes; or

Use that information for its own marketing purposes.

The third party may disclose the information to the licensee's affiliates;

The third party may disclose the information to its affiliates, but its affiliates may, in turn, disclose and use the information only to the extent that the third party may disclose and use the information; and

The third party may disclose and use the information pursuant to an exception in Regulation .15 or .16 of this chapter in the ordinary course of business to carry out the activity covered by the exception under which it received the information.

To the licensee's affiliates;

To the third party's affiliates, but the third party's affiliates may, in turn, disclose the information only to the extent the third party can disclose the information; and

To any other person, if the disclosure would be lawful if the licensee made it directly to that person.

In this regulation, the following term has the meaning indicated.

Term Defined.

The licensee's service provider solely in order to perform marketing for the licensee's own products or services, as long as the service provider is not authorized to directly initiate charges to the account;

A licensee who is a producer solely in order to perform marketing for the licensee's own products or services; or

A participant in an affinity or similar program where the participants in the program are identified to the customer when the customer enters into the program.

Provides the initial notice in accordance with Regulation .05 of this chapter; and

Enters into a contractual agreement with the third party that prohibits the third party from disclosing or using the information other than to carry out the purposes for which the licensee disclosed the information, including use under an exception in Regulation .15 or .16 of this chapter in the ordinary course of business to carry out those purposes.

Servicing or processing an insurance product or insurance service that a consumer requests or authorizes;

Maintaining or servicing the consumer's account with a licensee, or with another entity as part of a private label credit card program or other extension of credit on behalf of that entity;

A proposed or actual securitization, secondary market sale, sales of servicing rights, or similar transaction related to a transaction of the consumer; or

Reinsurance or stop loss or excess loss insurance.

Required, or is one of the lawful or appropriate methods, to enforce the licensee's rights or the rights of other persons engaged in carrying out the financial transaction or providing the product or service; or

Required, or is a usual, appropriate, or acceptable method:

With the consent or at the direction of the consumer, if the consumer has not revoked the consent or direction;

To protect the confidentiality or security of a licensee's records pertaining to the consumer, service, product, or transaction;

To protect against or prevent actual or potential fraud or unauthorized transactions;

For required institutional risk control or for resolving consumer disputes or inquiries;

To persons holding a legal or beneficial interest relating to the consumer;

To persons acting in a fiduciary or representative capacity on behalf of the consumer;

To provide information to:

To the extent specifically permitted or required under other provisions of law and in accordance with the federal Right to Financial Privacy Act of 1978 (12 U.S.C. §3401 et seq.), to law enforcement agencies (including the Federal Reserve Board, Office of the Comptroller of the Currency, Federal Deposit Insurance Corporation, Office of Thrift Supervision, National Credit Union Administration, the Securities and Exchange Commission, the Secretary of the Treasury, with respect to 31 U.S.C. Chapter 53, Subchapter II (Records and Reports on Monetary Instruments and Transactions) and 12 U.S.C. Chapter 21 (Financial Recordkeeping), a state insurance authority, and the Federal Trade Commission), self-regulatory organizations, or for an investigation on a matter related to public safety;

To a consumer reporting agency in accordance with the federal Fair Credit Reporting Act, 15 U.S.C. §1681 et seq.;

From a consumer report reported by a consumer reporting agency;

In connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal financial information concerns solely consumers of the business or unit;

To comply with federal, state, or local laws, rules, and other applicable legal requirements;

To comply with a properly authorized civil, criminal, or regulatory investigation, or subpoena or summons by federal, state, or local authorities;

To respond to judicial process or government regulatory authorities having jurisdiction over a licensee for examination, compliance, or other purposes as authorized by law; or

For purposes related to the replacement of a group benefit plan, a group health plan, a group welfare plan, or a workers' compensation plan.

The licensee is in liquidation or receivership; and

The notice requirements could:

Claims administration;

Claims adjustment and management;

Detection, investigation, or reporting of actual or potential fraud, misrepresentation, or criminal activity;

Underwriting;

Policy placement or issuance;

Loss control;

Rate-making and guaranty fund functions;

Reinsurance and excess loss insurance;

Risk management;

Case management;

Disease management;

Quality assurance;

Quality improvement;

Performance evaluation;

Provider credentialing verification;

Utilization review;

Peer review activities;

Actuarial, scientific, medical, or public policy research;

Grievance procedures;

Internal administration of compliance, managerial, and information systems;

Policyholder service functions;

Auditing;

Reporting;

Database security;

Administration of consumer disputes and inquiries;

External accreditation standards;

The replacement of a group benefit plan or workers' compensation policy or program;

Activities in connection with a sale, merger, transfer, or exchange of all or part of a business or operating unit;

Any activity that permits disclosure without authorization pursuant to the federal Health Insurance Portability and Accountability Act privacy rules promulgated by the U.S. Department of Health and Human Services;

Disclosure that is required, or is one of the lawful or appropriate methods, to enforce the licensee's rights or the rights of other persons engaged in carrying out a transaction or providing a product or service that a consumer requests or authorizes;

Any activity otherwise permitted by law, required pursuant to governmental reporting authority, or to comply with legal process; and

Any additional insurance functions determined by the Commissioner to the extent that they are:

The identity of the consumer or customer who is the subject of the nonpublic personal health information;

A general description of the types of nonpublic personal health information to be disclosed;

General descriptions of the parties to whom the licensee discloses nonpublic personal health information, the purpose of the disclosure, and how the information will be used;

The signature of the consumer or customer who is the subject of the nonpublic personal health information or the individual who is legally empowered to grant authority and the date signed; and

Notice of the length of time for which the authorization is valid and that the consumer or customer may revoke the authorization at any time and the procedure for making a revocation.

“Commissioner” means the Maryland Insurance Commissioner.

“Holding company system” includes:

“Insurer” has the meaning stated in Insurance Article, §1-101, Annotated Code of Maryland.

“Predecessor insurer” means an insurer associated with the reporting insurer that existed prior in time to the reporting insurer.

“Reporting insurer” has the meaning stated in Insurance Article, §30-101, Annotated Code of Maryland.

“Slave” has the meaning stated in Insurance Article, §30-101, Annotated Code of Maryland.

“Slaveholder” has the meaning stated in Insurance Article, §30-101, Annotated Code of Maryland.

“Slaveholder insurance policies” has the meaning stated in Insurance Article, §30-101, Annotated Code of Maryland.

“Slavery era” has the meaning stated in Insurance Article, §30-101, Annotated Code of Maryland.

Being true and not misleading; and

Containing the most accurate information available at the time of the submission of the report.

A paragraph identifying the insurer, stating the insurer's:

A contact person with the insurer, including the contact person's:

The research methodology used in generating and preparing the report, including:

If the insurer has found no responsive data, it shall so state;

The names of slaves, in alphabetical order, in the following order:

The names of slaveholders, in alphabetical order, in the following order:

The policy information, including:

“Administration” has the meaning stated in Insurance Article, §1-101, Annotated Code of Maryland.

“Carrier” means:

“Commissioner” means the Insurance Commissioner of Maryland or the Insurance Commissioner’s designee.

“Complainant” means a person who files a complaint with the Commissioner.

Complaint.

“Complaint investigation” means the process used by the Commissioner to determine if a carrier has violated a State statute, regulation, or order in its dealings or interactions with the complainant, to the extent the Commissioner has the authority to enforce that statute, regulation, or order.

Determination.

“Health care provider” means:

“Market conduct action” has the meaning stated in COMAR 31.04.20.03.

“Person” has the meaning stated in Insurance Article, §1-101, Annotated Code of Maryland.

“Premium” has the meaning stated in Insurance Article, §1-101, Annotated Code of Maryland.

“Rapid Response Program” means the process designed by the Administration to help Maryland residents resolve personal property and casualty insurance claims directly with the individual’s insurer.

The Commissioner shall request information or documentation; and

The carrier shall provide the information and documentation by the later of:

On the date specified by the Commissioner, unless an extension has been granted by the Commissioner in accordance with §§D and E of this regulation; and

In the manner specified by the Commissioner.

A carrier may submit a written request by first-class mail, facsimile, or electronic mail for an extension of time to respond to a request for information or documentation from the Commissioner.

The request for an extension shall:

Grant an extension and provide the requestor with a new date by which the requested information or documentation is to be provided; or

Notify the carrier that the request to extend the time is denied.

Identify the particular information that the carrier requests not be disclosed; and

Cite the statutory authority that permits denial of access to the information.