New Mexico Administrative Code
Title 13 - INSURANCE
Chapter 1 - INSURANCE GENERAL PROVISIONS
Part 3 - PRIVACY OF NONPUBLIC PERSONAL INFORMATION
Section 13.1.3.11 - NOTICE TO CONSUMERS REGARDING REQUEST FOR AUTHORIZATION

Universal Citation: 13 NM Admin Code 13.1.3.11

Current through Register Vol. 35, No. 18, September 24, 2024

A. Form of notice. If a licensee is required to provide notice under subsection A of 13.1.3.14 NMAC, it shall provide a clear and conspicuous notice to each of its consumers that accurately explains the right to authorize disclosures under that section. The notice shall state:

(1) That the licensee may only disclose nonpublic personal information about its consumer if the licensee first obtains authorization from the consumer; and

(2) That the consumer has the right to authorize or not to authorize the disclosure.

B. Examples. A licensee provides adequate notice that the consumer has the right to authorize or not to authorize the disclosure of nonpublic personal information if the licensee:

(1) Identifies all of the categories of nonpublic personal information the licensee will disclose if authorization is obtained from the consumer whose nonpublic personal information is sought to be disclosed and all of the categories of affiliated and nonaffiliated third parties to whom the licensee will disclose the information, as described in paragraphs (2) and (3) of subsection A of 13.1.3.10 NMAC, and states that the consumer has the right to authorize or not to authorize the disclosure of that information; and

(2) Identifies the insurance products or services that the consumer obtains from the licensee, either singly or jointly, to which the authorization would apply.

C. Notice required when request for authorization delivered subsequent to initial notice. If a licensee provides the notice to consumers regarding request for authorization later than required for the initial notice in accordance with 13.1.3.8 NMAC, the licensee shall also include a copy of the initial notice with the request for authorization in writing or, if the consumer agrees, electronically.

D. Joint relationships.

(1) If two (2) or more consumers jointly obtain an insurance product or service from a licensee, the licensee shall provide notices and an authorization form to each joint consumer.

(2) An authorization signed by all joint consumers must be obtained by the licensee before it may disclose any nonpublic personal information, except as otherwise authorized in this rule or in accordance with an exception in 13.1.3.17 NMAC, 13.1.3.18 NMAC or 13.1.3.19 NMAC.

E. Delivery. When a licensee is required to deliver a notice by this section, the licensee shall deliver it according to 13.1.3.13 NMAC.

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