Confidentiality of List of Disassociated Persons

PURPOSE: This rule establishes the procedure for maintaining the confidentiality of those placed on the List of Disassociated Persons. (1) The director shall notify each Class B licensee of the placement of any person on the List of Disassociated Persons (List), or the removal of any person from the List per 11 CSR 45-17.060, and may disclose to the Class B licensee and any of its agents or employees any or all information contained on the person’s application(s). (2) Each Class B licensee shall submit to the commission a plan for the dissemination of the information regarding persons placed on the List, as well as persons who have been removed from the List. The plan shall be designed to safeguard, as best as is reasonably possible, the confidentiality of the information but shall include dissemination to at least the general manager; casino manager; and all ticketing/player’s club, cage, security, and surveillance personnel. Licensees may not disclose the name of, or any information about, a person who has been placed on or removed from the List to anyone other than employees and agents of the licensee whose duties and functions require access to the information. The plan must be approved by the commission. All information disclosed to any Class B licensee regarding anyone placed on or removed from the List shall be deemed a closed record; however, the information may be disclosed as authorized by the individual seeking placement on the List, by law and through the provisions contained in this chapter, 11 CSR 45-17. (3) Class B licensees may disclose the information contained in the applications to its affiliates as defined in subsection (A) of this section, or agents of such affiliates. The disclosed information shall be used solely for the limited purposes of assisting in the administration of problem and responsible gaming programs and allowing the affiliate or agent of the affiliate to determine whether to deny a person on the List access to areas where gambling games are played. All disclosures must be made in accordance with procedures approved by the commission. Written approval of the executive director of the commission is required prior to disclosing this information. The Class B licensee is responsible for maintaining the confidentiality of any information disclosed. Such information shall not be used to deny services located at non-gaming properties to a person on the List. (A) “Affiliate” means: The holding company, as defined by 11 CSR 45-10.040, or any person sharing a holding company in common with a gaming licensee, provided that the affiliate is in the business of operating gambling games. (4) The director may notify each licensed Fantasy Sports Contest Operator (FSCO) of the placement of any person on the List of Disassociated Persons (List), or the removal of any person from the List pursuant to 11 CSR 45-17.060, and may disclose to the licensed FSCO and any of its agents or employees any or all information contained on the person’s application(s). AUTHORITY: sections 313.004, 313.805, 313.813, 313.945, 313.950, 313.955, and 610.021, RSMo 2016.* Original rule filed April 18, 1996, effective Dec. 30, 1996. Amended: Filed Aug. 28, 1998, effective March 30, 1999. Amended: Filed March 30, 1999, effective Nov. 30, 1999. Amended: Filed Aug. 25, 2011, effective March 30, 2012. Emergency amendment filed Aug. 29, 2016, effective Sept. 8, 2016, expired March 6, 2017. Amended: Filed Aug. 29, 2016, effective March 30, 2017. *Original authority: 313.004, RSMo 1993, amended 1994, 2014; 313.805, RSMo 1991, amended 1992, 1993, 1994, 2000, 2008, 2010; 313.813, RSMo 2000; 313.945, RSMo 2016; 313.950, RSMo 2016; 313.955, RSMo 2016; and 610.021, RSMo 1987, amended 1993, 1995, 1998, 2002, 2004, 2008, 2009, 2013.