(a) Notwithstanding any other law to the contrary, except as provided in subsections (b) and (c), the board and any officer, employee, agent or contractor of the board shall not disclose personal information about any person obtained by the board in connection with the purchase of tuition units or the making of contributions to any educational investment trust fund account under this part.
(b) The board and any officer or employee of the board may release information described in subsection (a) under the following circumstances:
(1) To an institution of higher education in which a beneficiary may enroll or is enrolled. The institution of higher education shall maintain the same level of confidentiality as that required under this section;
(2) To the extent that the beneficiary, purchaser or their respective legal representative consents to disclosure;
(3) In compliance with a subpoena or a court order;
(4) To the comptroller of the treasury or the comptroller's designees for the purpose of an audit of the board;
(5) To the internal revenue service for the purpose of filing reports of distributions made under the program; or
(6) In any administrative proceeding or court action between the purchaser, beneficiary or their respective legal representative and the board.
(c) Personal information referred to in subsection (a) may be disclosed to any requesting person, without regard to intended use, if the board has provided in a clear and conspicuous manner on tuition contracts that personal information collected by the board may be disclosed to any person making a request for the information, and has provided in a clear and conspicuous manner on the contracts an opportunity for the purchaser to prohibit the disclosure.
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