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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