Idaho Administrative Code
Title IDAPA 18 - Insurance, Department of
Rule 18.01.01 - RULE TO IMPLEMENT THE PRIVACY OF CONSUMER FINANCIAL INFORMATION
Section 18.01.01.400 - LIMITS ON DISCLOSURE OF NONPUBLIC PERSONAL FINANCIAL INFORMATION TO NONAFFILIATED THIRD PARTIES
Universal Citation: ID Admin Code 18.01.01.400
Current through August 31, 2023
01. Conditions for Disclosure. (3-31-22)
a. Except as authorized in this rule, a
licensee will not, directly or through any affiliate, disclose any nonpublic
personal financial information about a consumer to a nonaffiliated third party
unless: (3-31-22)
i. The licensee has provided
to the consumer an initial notice as prescribed under Section
100; (3-31-22)
ii. The licensee has provided to the consumer
an opt out notice as prescribed in Sections
250 and
251; (3-31-22)
iii. The licensee has given the consumer a
reasonable opportunity to opt out of the disclosure before it discloses the
information to the nonaffiliated third party; and (3-31-22)
iv. The consumer does not opt out.
(3-31-22)
b. If a
consumer opts out, the licensee cannot disclose nonpublic personal financial
information about that consumer to a nonaffiliated third party, other than as
permitted by Sections
450,
451, and
452. (3-31-22)
c. Examples of a reasonable opportunity to
opt out. A licensee provides a consumer with a reasonable opportunity to opt
out if the licensee mails the notices prescribed in Subsection
400.01 of this rule to the
consumer and allows the consumer to opt out by mailing a form, calling a
toll-free telephone number, or any other reasonable means in thirty (30) days
from the date of mailing. (3-31-22)
02. Application of Opt Out to All Consumers and All Nonpublic Personal Financial Information. (3-31-22)
a. A licensee will comply with Section
400, regardless of whether the
licensee and the consumer have established a customer relationship.
(3-31-22)
b. Unless a licensee
complies with Section
400, the licensee will not disclose
any nonpublic personal financial information about a consumer that the licensee
has collected, regardless of whether the licensee collected it before or after
receiving the direction to opt out from the consumer.
(3-31-22)
03. Partial Opt Out. A licensee may allow a consumer to select certain nonpublic personal financial information or certain nonaffiliated third parties with respect to which the consumer wishes to opt out. (3-31-22)
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