New York Codes, Rules and Regulations
Title 11 - INSURANCE
Chapter XIX - Privacy Of Consumer Financial and health Information
Part 420 - Privacy Of Consumer Financial And Health Information
Privacy and Opt Out Notices for Financial Information
Section 420.8 - Revised privacy notices
Universal Citation: 11 NY Comp Codes Rules and Regs ยง 420.8
Current through Register Vol. 46, No. 12, March 20, 2024
(a) General rule. Except as otherwise authorized in this Part, a licensee shall not, directly or through any affiliate, disclose any nonpublic personal financial 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 420.4 of this Part, unless:
(1) the licensee has
provided to the consumer a clear and conspicuous revised notice that accurately
describes the licensee's policies and practices;
(2) the licensee has provided to the consumer
a new opt out notice;
(3) 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) the consumer
does not opt out.
(b) Examples.
(1) Except as otherwise permitted
by sections
420.13,
420.14
and
420.15
of this Part, the licensee shall provide a revised notice before the licensee:
(i) discloses a new category of nonpublic
personal financial information to any nonaffiliated third party;
(ii) discloses nonpublic personal financial
information to a new category of nonaffiliated third party; or
(iii) discloses nonpublic personal financial
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) A revised notice is not required if the
licensee discloses nonpublic personal financial information to a new
nonaffiliated third party that the licensee adequately described in the
licensee's prior notice.
(c) Delivery. When the licensee is required to deliver a revised privacy notice by this section, the licensee shall deliver it according to section 420.9 of this Part.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
