PART III.  LIMITS ON DISCLOSURES OF



FINANCIAL INFORMATION



 



[§431:3A-301] 
Limits on disclosure of nonpublic personal financial information to
nonaffiliated third parties. 
(a)  Except as otherwise authorized under this article, a licensee may not
disclose, directly or through any affiliate, any nonpublic personal financial
information about a consumer to a nonaffiliated third party unless:



(1)  The licensee has provided to the consumer an
initial notice as required under section 431:3A-201;



(2)  The licensee has provided to the consumer an opt
out notice as required under section 431:3A-204;



(3)  The licensee has given the consumer a reasonable
opportunity, before it discloses the information to the nonaffiliated third
party, to opt out of the disclosure; and



(4)  The consumer does not opt out.



(b)  A
licensee shall comply with this section, whether or not the licensee and the
consumer have established a customer relationship.  If a licensee fails to
comply with this section, the licensee may not disclose, directly or through
any affiliate, any nonpublic personal financial information about a consumer
that the licensee has collected, whether or not the licensee collected it
before or after receiving the direction to opt out from the consumer.



(c)  A
licensee may allow a consumer to select certain nonpublic personal financial
information or certain nonaffiliated third parties with respect to which the
consumer wishes to opt out. [L 2001, c 220, pt of §1]