Utah Admin. Code R590-206-9 - Revised Privacy Notices

(1) Except as otherwise permitted, a licensee may not, directly or through an affiliate, disclose nonpublic personal financial information about a consumer to a nonaffiliated third party other than as described in the initial notice under Section R590-206-5, unless:

(a) the licensee provides the consumer a clear and conspicuous revised notice that accurately describes its policies and practices;

(b) the licensee provides the consumer a new opt out notice;

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

(d) the consumer does not opt out.

(2)

(a) Except as otherwise permitted by Sections R590-206-15 through R590-206-17, a licensee shall provide a revised notice before it discloses:

(i) a new category of nonpublic personal financial information to any nonaffiliated third party;

(ii) nonpublic personal financial information to a new category of nonaffiliated third party; or

(iii) 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.

(b) 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.

(3) When a licensee is required to deliver a revised privacy notice, the licensee shall deliver it according to Section R590-206-11.

Notes

Utah Admin. Code R590-206-9

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