19 Miss. Code. R. 1-28.09

Current through December 10, 2024
Rule 19-1-28.09 - Revised Privacy Notices
A. General rule. Except as otherwise authorized in this regulation, a licensee shall not, directly or through an affiliate, disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party other than as described in the initial notice that the licensee provided to that consumer under Section 5, unless:
1. The licensee has provided to the consumer a clear and conspicuous revised notice that accurately describes its policies and practices;
2. The licensee has provided to the consumer a new opt out notice;
3. The licensee has given the consumer a reasonable opportunity, before the licensee discloses the information to the nonaffiliated third party, to opt out of the disclosure; and
4. The consumer does not opt out.
B. Examples.
1. Except as otherwise permitted by Sections 14, 15 and 16, a licensee shall provide a revised notice before it:
a. Discloses a new category of nonpublic personal financial information to any nonaffiliated third party;
b. Discloses nonpublic personal financial information to a new category of nonaffiliated third party; or
c. Discloses nonpublic personal financial information about a former customer to a nonaffiliated third party, if that former customer has not had the opportunity to exercise an opt out right regarding that disclosure.
2. A revised notice is not required if the licensee discloses nonpublic personal financial information to a new nonaffiliated third party that the licensee adequately described in its prior notice.
C. Delivery. When a licensee is required to deliver a revised privacy notice by this section, the licensee shall deliver it according to Section 10.

19 Miss. Code. R. 1-28.09

Miss. Code Ann. § 83-1-45 (Rev. 2011)
Amended 7/27/2018