(a) For purposes of determining if information is publicly available as defined in this subchapter:
  (1) a covered entity has a reasonable basis to believe that information is lawfully made available to the general public if the covered entity has taken steps to determine:
    (A) that the information is of the type that is available to the general public; and
    (B) whether an individual can direct that the information not be made available to the general public, and
    (C) if an option as described in subparagraph (1)(B) of this section is available, that the covered entity's consumer has not made such a direction.
  (2) The following examples illustrate whether a reasonable basis exists to believe that information is publicly available.
    (A) A covered entity has a reasonable basis to believe that information is publicly available if the information comes from nonconfidential government records, such as information in real estate records and security interest filings.
    (B) A covered entity has a reasonable basis to believe that information is publicly available if the information comes from widely distributed media, such as information from a telephone book, a television or radio program, a newspaper or a Web site that is available to the general public on an unrestricted basis. A Web site is not restricted merely because an Internet service provider or a site operator requires a fee or a password, so long as access is available to the general public.
    (C) A covered entity has a reasonable basis to believe that mortgage information is lawfully made available to the general public if the covered entity has determined that the information is of the type included in the public record in the jurisdiction where the mortgage would be recorded.
    (D) A covered entity has a reasonable basis to believe that an individual's telephone number is lawfully made available to the general public if the covered entity has located the telephone number in the telephone book or the consumer has informed the covered entity that the telephone number is not unlisted.

Source Note: The provisions of this §22.7 adopted to be effective December 17, 2001, 26 TexReg 10316