1. 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 §9911, unless:

   1. 1. the licensee has provided to the consumer a clear and conspicuous revised notice that accurately describes its policies and practices;
   2. 2. the licensee has provided to the consumer a new opt out notice;
   3. 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. 4. the consumer does not opt out.

2. B. Examples

   1. 1. Except as otherwise permitted by §§9929, 9931, and 9933, a licensee shall provide a revised notice before it:

      1. a. discloses a new category of nonpublic personal financial information to any nonaffiliated third party;
      2. b. discloses nonpublic personal financial information to a new category of nonaffiliated third party; or
      3. 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. 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.
3. C. Delivery. When a licensee is required to deliver a revised privacy notice by this Section, the licensee shall deliver it according to §9921.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with R.S. 22:2, 22:3, 22:3052, 22:3054 and Gramm-Leach-Bliley Act, Public Law 106-102–Nov. 12, 1999).

Historical Note

HISTORICAL NOTE: Promulgated by the Department of Insurance, Office of the Commissioner, LR 27:555 (April 2001).