; (xi) characteristics of protected classes under Federal law, including race, color, national origin, religion, sex, age, or disability; or (xii) an inference drawn from any of the information described in this subparagraph to create a profile about an individual reflecting the individual’s preferences, characteristics, psychological trends, preferences, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes. (C) Exclusions (i) In general The term personal information does not include publicly available information. (ii) Publicly available information For purposes of clause (i), the term publicly available information — (I) means information that is lawfully made available from Federal, State, or local government records; and (II) does not include— (aa) biometric information collected by a covered entity about an individual without the individual’s knowledge; (bb) information used for a purpose that is not compatible with the purpose for which the information is maintained and made available in government records; or (cc) information of an individual that is de-identified. (11) Third party The term third party , with respect to personal information of an individual, means any person that is not— (A) the covered entity that is disclosing the personal information; (B) solely performing an outsourced function of the covered entity diclosing the personal information if— (i) the person is contractually or legally prohibited from using, retaining, sharing, or selling the personal information after the conclusion of the outsourced function; and (ii) the person is complying with the regulations promulgated under this Act