PART III.  LIMITS ON DISCLOSURES OF

FINANCIAL INFORMATION

 

[§431:3A-301] Limits on disclosure of nonpublic personal financial information tononaffiliated third parties. (a)  Except as otherwise authorized under this article, a licensee may notdisclose, directly or through any affiliate, any nonpublic personal financialinformation about a consumer to a nonaffiliated third party unless:

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

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

(3)  The licensee has given the consumer a reasonableopportunity, before it discloses the information to the nonaffiliated thirdparty, to opt out of the disclosure; and

(4)  The consumer does not opt out.

(b)  Alicensee shall comply with this section, whether or not the licensee and theconsumer have established a customer relationship.  If a licensee fails tocomply with this section, the licensee may not disclose, directly or throughany affiliate, any nonpublic personal financial information about a consumerthat the licensee has collected, whether or not the licensee collected itbefore or after receiving the direction to opt out from the consumer.

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