28 Tex. Admin. Code § 22.12 - Revised Privacy Notices
(a) Except as otherwise
authorized in this subchapter, a covered entity 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 covered entity provided to that consumer under §
22.8 of this title (relating to
Initial Privacy Notice), unless:
(1) the
covered entity has provided to the consumer a clear and conspicuous revised
notice that accurately describes its policies and practices;
(2) the covered entity has provided to the
consumer a new opt out notice;
(3)
the covered entity has given the consumer a reasonable opportunity, before the
covered entity discloses the information to the nonaffiliated third party, to
opt out of the disclosure; and
(4)
the consumer does not opt out.
(b) Except as otherwise permitted by §
22.17 of this title (relating to
Exception to Opt Out Requirements for Disclosure of Nonpublic Personal
Financial Information for Service Providers and Joint Marketing), §
22.18 of this title (relating to
Exceptions to Notice and Opt Out Requirements for Disclosure of Nonpublic
Personal Financial Information for Processing and Servicing Transactions) and §
22.19 of this title (relating to
Other Exceptions to Notice and Opt Out Requirements for Disclosure of Nonpublic
Personal Financial Information), a covered entity shall provide a revised
notice before it:
(1) discloses a new
category of nonpublic personal financial information to any nonaffiliated third
party;
(2) discloses nonpublic
personal financial information to a new category of nonaffiliated third party;
or
(3) 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.
(c) A revised notice is not required if the
covered entity discloses nonpublic personal financial information to a new
nonaffiliated third party that the covered entity adequately described in its
prior notice.
(d) When a covered
entity is required to deliver a revised privacy notice by this section, the
covered entity shall deliver it according to §
22.13 of this title (relating to
Delivery).
Notes
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