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 Section 365:35-1-15, 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 Sections 365:35-1-30, 31 and 32, 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 Section 365:35-1-15.

Added at 18 Ok Reg 3646, eff 7-20-01 (emergency)

Added at 19 Ok Reg 1326, eff 7-14-02