1. A. Except as otherwise authorized in this chapter, a licensee may 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 Regulation .05 of this chapter, 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. Revised Notice.

   1. (1) Except as otherwise permitted by Regulations .14, .15, and .16 of this chapter, a licensee shall provide a revised notice before it discloses:

      1. (a) A new category of nonpublic personal financial information to any nonaffiliated third party;
      2. (b) Nonpublic personal financial information to a new category of nonaffiliated third party; or
      3. (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. (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. A licensee required to deliver a revised privacy notice under this regulation shall deliver it in accordance with Regulation .10 of this chapter.

Authority: Insurance Article, §2-109(d), Annotated Code of Maryland

Effective date: January 21, 2002 (29:1 Md. R. 26)

Regulation .06 amended effective February 27, 2017 (44:4 Md. R. 256)