(a) General rule. Except as otherwise authorized in this part, 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 23 CAR § 30-201, 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 23 CAR §§ 30-401, 30-402, and 30-403, a licensee shall provide a revised notice before it discloses:
- (A) A new category of nonpublic personal financial information to any nonaffiliated third party;
- (B) Nonpublic personal financial information to a new category of nonaffiliated third party; or
- (C) 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 23 CAR § 30-206.