For purposes of determining what constitutes publicly available information, a licensee is deemed to have a reasonable basis to believe that information is lawfully made available to the general public if the licensee has taken steps to determine:
(1) that the information is of the type that is available to the general public; and
(2) whether a consumer is able to direct that the information not be made available to the general public and, if so, that the consumer has not done so.