Current through Register Vol. 48, No. 12, March 22, 2024
a)
Information the licensee receives under an exception. If a licensee receives
nonpublic personal financial information from a nonaffiliated financial
institution under an exception in Section
4002.140
or
4002.150
of this Part, the licensee's disclosure and use of that information is limited
as follows:
1) The licensee may disclose the
information to the affiliates of the financial institution from which the
licensee received the information;
2) The licensee may disclose the information
to its affiliates, but the licensee's affiliates may, in turn, disclose and use
the information only to the extent that the licensee may disclose and use the
information;
3) The licensee may
disclose and use the information pursuant to an exception in Section
4002.140
or
4002.150
of this Part in the ordinary course of business to carry out the activity
covered by the exception under which the licensee received the information;
and
4) If a licensee receives
information from a nonaffiliated financial institution for claims settlement
purposes, the licensee may disclose the information for fraud prevention, or in
response to a properly authorized subpoena; however, the licensee may not
disclose that information to a third party for marketing purposes or use that
information for its own marketing purposes.
b) Information a licensee receives outside of
an exception. If a licensee receives nonpublic personal financial information
from a nonaffiliated financial institution other than under an exception in
Section
4002.140
or
4002.150
of this Part, the licensee may disclose the information only:
1) To the affiliates of the financial
institution from which the licensee received the information;
2) To its affiliates, but its affiliates may,
in turn, disclose the information only to the extent that the licensee may
disclose the information; and
3) To
any other person, if the disclosure would be lawful if made directly to that
person by the financial institution from which the licensee received the
information.
c)
Information a licensee discloses under an exception. If a licensee discloses
nonpublic personal financial information to a nonaffiliated third party under
an exception in Section
4002.140
or
4002.150
of this Part, the third party may disclose and use that information only as
follows:
1) The third party may disclose the
information to the licensee's affiliates;
2) The third party may disclose the
information to its affiliates, but its affiliates may, in turn, disclose and
use the information only to the extent that the third party may disclose and
use the information; and
3) The
third party may disclose and use the information pursuant to an exception in
Section
4002.140
or
4002.150
of this Part in the ordinary course of business to carry out the activity
covered by the exception under which it received the information.
d) Information a licensee
discloses outside of an exception. If a licensee discloses nonpublic personal
financial information to a nonaffiliated third party other than under an
exception in Section
4002.140
or
4002.150
of this Part, the third party may disclose the information only:
1) To the licensee's affiliates;
2) To the third party's affiliates, but the
third party's affiliates, in turn, may disclose the information only to the
extent the third party can disclose the information; and
3) To any other person, if the disclosure
would be lawful if the licensee made it directly to that person.