§431:3A-203 - Information to be included in privacy notices.
[§431:3A-203]Ā
Information to be included in privacy notices.Ā (a)Ā The initial, annual,
and revised privacy notices that a licensee provides under sections 431:3A-201,
431:3A-202, and 431:3A-205 shall include the following information, in addition
to any other information the licensee wishes to provide, that applies to the
licensee and to the consumers to whom the licensee sends its privacy notice:
(1)Ā The categories of nonpublic personal financial
information that the licensee collects;
(2)Ā The categories of nonpublic personal financial
information that the licensee discloses;
(3)Ā The categories of affiliates and nonaffiliated
third parties to whom the licensee discloses nonpublic personal financial
information, other than those parties to whom the licensee discloses
information under sections 431:3A-402 and 431:3A-403;
(4)Ā The categories of nonpublic personal financial
information about the licenseeās former customers that the licensee discloses,
and the categories of affiliates and nonaffiliated third parties to whom the
licensee discloses nonpublic personal financial information about the
licenseeās former customers, other than those parties to whom the licensee
discloses information under sections 431:3A-402 and 431:3A-403;
(5)Ā A separate description of the categories of
information the licensee discloses and the categories of third parties with
whom the licensee has contracted, if a licensee discloses nonpublic personal
financial information to a nonaffiliated third party under section 431:3A-401 and
no other exception in sections 431:3A-402 and 431:3A-403 applies to that
disclosure;
(6)Ā An explanation of the consumerās right under
section 431:3A-301(a) to opt out of the disclosure of nonpublic personal
financial information to nonaffiliated third parties, including the methods by
which the consumer may exercise that right at that time;
(7)Ā Any disclosures that the licensee makes under
section 603(d)(2)(A)(iii) of the federal Fair Credit Reporting Act, Title 15
United States Code section 1681a(d)(2)(A)(iii), as amended;
(8)Ā The licenseeās policies and practices with
respect to protecting the confidentiality and security of nonpublic personal
information; and
(9)Ā Any disclosure that the licensee makes under
subsection (b).
(b)Ā If a
licensee discloses nonpublic personal financial information under sections
431:3A-402 and 431:3A-403, the licensee is not required to list those
exceptions in the initial or annual privacy notices required by sections
431:3A-201 and 431:3A-202.Ā When describing the categories of parties to whom
disclosure is made, the licensee shall state only that it makes disclosures to
other affiliated or nonaffiliated third parties, as applicable, as permitted by
law.
(c)Ā A
licensee may satisfy the initial notice requirements in sections 431:3A-201(a)
and 431:3A-204(c) for a consumer who is not a customer by providing a short
form initial notice at the same time the licensee delivers an opt out notice
under section 431:3A-204.Ā A short form initial notice shall:
(1)Ā Be clear and conspicuous;
(2)Ā State that the licenseeās privacy notice is
available upon request; and
(3)Ā Explain a reasonable means by which the consumer
may obtain that notice.
The
licensee shall deliver a short form initial notice in accordance with section
431:3A-206.Ā The licensee shall not be required to deliver its privacy notice
with its short form initial notice; provided that the licensee provides the
consumer a reasonable means to obtain a privacy notice.Ā If a consumer receives
the licenseeās short form notice and requests a privacy notice, the licensee
shall deliver a privacy notice under section 431:3A-206.
(d)Ā The
privacy notice may include:
(1)Ā Categories of nonpublic personal financial
information that the licensee reserves the right to disclose in the future, but
does not currently disclose; and
(2)Ā Categories of affiliates or nonaffiliated third
parties to whom the licensee reserves the right in the future to disclose, but
to whom the licensee does not currently disclose, nonpublic personal financial
information. [L 2001, c 220, pt of §1]