1. (1) General rule. Except as otherwise authorized in these regulations, a licensee shall not, directly or through an affiliate, disclose any nonpublic personal 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 0780-1-72-.05, unless:

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

2. (2) Examples.

   1. (a) Except as otherwise permitted by Sections 0780-1-72-.14, 0780-1-72-.15 and 0780-1-72-.16, a licensee shall provide a revised notice before it:

      1. 1. Discloses a new category of nonpublic personal information to any nonaffiliated third party;
      2. 2. Discloses nonpublic personal information to a new category of nonaffiliated third party; or
      3. 3. Discloses nonpublic personal 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. (b) A revised notice is not required if the licensee discloses nonpublic personal information to a new nonaffiliated third party that the licensee adequately described in its prior notice.
3. (3) Delivery. When a licensee is required to deliver a revised privacy notice by this section, the licensee shall deliver it according to Section 0780-1-72-.10.

Authority: Public Acts of 2001; Chapter 107; §1. Administrative History: Original rule filed August 30, 2001; effective November 13, 2001.