Utah Admin. Code R590-206-12 - Limitations on Disclosure of Nonpublic Personal Financial Information to Nonaffiliated Third Parties

(1)

(a) Except as otherwise provided, a licensee may not, directly or through any affiliate, disclose nonpublic personal financial information about a consumer to a nonaffiliated third party unless:

(i) the licensee provides the consumer an initial notice required under Section R590-206-5;

(ii) the licensee provides the consumer an opt out notice required under Section R590-206-8;

(iii) the licensee provides the consumer a reasonable opportunity to opt out of the disclosure before it discloses the information to the nonaffiliated third party; and

(iv) the consumer does not opt out.

(b) Opt out occurs when a consumer directs the licensee to not disclose the consumer's nonpublic personal financial information to a nonaffiliated third party, except as permitted under Sections R590-206-15 through R590-206-17.

(2)

(a) This Section R590-206-12 applies regardless of whether the licensee and the consumer have a customer relationship.

(b) A licensee may not, directly or through any affiliate, disclose nonpublic personal financial information about a consumer regardless of whether the licensee collected it before or after receiving the direction to opt out.

(3) A consumer may select certain nonpublic personal financial information or certain nonaffiliated third parties that the consumer wishes to opt out.

Notes

Utah Admin. Code R590-206-12

Amended by Utah State Bulletin Number 2017-15, effective 7/11/2017 Adopted by Utah State Bulletin Number 2023-23, effective 11/21/2023