(a) This chapter shall not apply to information about an applicant or employee that is publicly available.
(b) This chapter shall not prohibit or restrict an employer from complying with a duty to screen employees or applicants before hiring or to monitor or retain employee communications that is established by a self-regulatory organization as defined by the Securities and Exchange Act of 1934, 15 U.S.C. § 78c(a)(26), or under state or federal law or regulation to the extent necessary to supervise communications of regulated financial institutions insurance or securities licensees for banking insurance or securities related business purposes.