North Dakota Administrative Code
Title 45 - Insurance, Commissioner of
Article 45-14 - Consumer Privacy
Chapter 45-14-01 - Privacy of Consumer Financial and Health Information
Section 45-14-01-12 - Limits on redisclosure and reuse of nonpublic personal financial information
Universal Citation: ND Admin Code ยง 45-14-01-12
Current through Supplement No. 394, October, 2024
1.
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
45-14-01-15 or
45-14-01-16, 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; and
(3) The licensee may disclose and use the
information pursuant to an exception in section 45-14-01 -15 or 45-14-01 -16,
in the ordinary course of business to carry out the activity covered by the
exception under which the licensee received the information.
b. Example. 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. The licensee may not disclose that
information to a third party for marketing purposes or use that information for
its own marketing purposes.
2.
a.
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
45-14-01-15 or
45-14-01-16, 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.
b. Example. If a licensee obtains a customer
list from a nonaffiliated financial institution outside of the exceptions in
section 45-14-01 -15 or
45-14-01-16:
(1) The licensee may use that list for its
own purposes; and
(2) The licensee
may disclose that list to another nonaffiliated third party only if the
financial institution from which the licensee purchased the list could have
lawfully disclosed the list to that third party. That is, the licensee may
disclose the list in accordance with the privacy policy of the financial
institution from which the licensee received the list, and the licensee may
disclose the list in accordance with an exception in section
45-14-01-15 or
45-14-01-16, such as to the
licensee's attorneys or accountants.
3. 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 45-14-01-15 or 45-14-01-16, the third party may disclose and use that information only as follows:
a. The third party may disclose the
information to the licensee's affiliates;
b. 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
c. The
third party may disclose and use the information pursuant to an exception in
section 45-14-01 -15 or 45-14-01 -16 in the ordinary course of business to
carry out the activity covered by the exception under which it received the
information.
4. 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 45-14-01-15 or 45-14-01-16, the third party may disclose the information only:
a. To the
licensee's affiliates;
b. 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
c. To any other
person, if the disclosure would be lawful if the licensee made it directly to
that person.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 26.1-02-27
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