N.H. Admin. Code § Ins 3002.05 - Revised Privacy Notices

(a) General rule. Except as otherwise authorized in this rule, a licensee shall not, directly or through an 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 Ins 3002.01, unless:

(1) The licensee has provided to the consumer a clear and conspicuous revised notice that accurately describes its 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 Ins 3004.01, Ins 3004.02, and Ins 3004.03, a licensee shall provide a revised notice before it:

a. Discloses a new category of nonpublic personal financial information to any nonaffiliated third party;

b. Discloses nonpublic personal financial information to a new category of nonaffiliated third party; or

c. 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; and

(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 its prior notice.

(c) Delivery. When a licensee is required to deliver a revised privacy notice by this section, the licensee shall deliver it according to Ins 3002.06.

Notes

N.H. Admin. Code § Ins 3002.05

#7500, eff 7-1-01, EXPIRED: 7-1-09

New. #9922, eff 5-6-11

Amended by Volume XXXIX Number 16, Filed April 18, 2019, Proposed by #12749, Effective 5/6/2019, Expires 5/6/2029.