Section 45-14-01-09 - Revised privacy notices1.General rule. Except as otherwise authorized in this rule, 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 45-14-01-05, unless: a. The licensee has provided to the consumer a clear and conspicuous revised notice that accurately describes its policies and practices; b. The licensee has provided a new notice to the consumer regarding requests for authorization and a new authorization; and c. The licensee has obtained authorization from the consumer whose nonpublic personal financial information is sought to be disclosed. 2.Examples.a. Except as otherwise permitted by sections 45-14-01-14, 45-14-01-15, and 45-14-01-16, a licensee shall provide a revised notice if it requests authorization to disclose: (1) A new category of nonpublic personal financial information to any nonaffiliated third party; (2) Nonpublic personal financial information to a new category of nonaffiliated third party; or (3) Nonpublic personal financial information about a former customer to a nonaffiliated third party, if that former customer has not authorized the disclosure. b. 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. 3.Delivery. When a licensee is required to deliver a revised privacy notice by this section, the licensee shall deliver it according to section 45-14-01-10. N.D. Admin Code 45-14-01-09
Effective December 1, 2001; amended effective November 1, 2004.General Authority: NDCC 28-32-02
Law Implemented: NDCC 26.1-02-27