§ 146a.15. Revised privacy notices.
(a) General rule. Except as otherwise authorized in this chapter, a licensee may 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 § 146a.11 (relating to initial privacy notice to consumers required), unless all of the following conditions are met:
(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.
(4) The consumer does not opt out.
(b) Examples.
(1) Except as otherwise permitted by Subchapter D (relating to exceptions to limits on disclosure of nonpublic personal financial information), a licensee shall provide a revised notice before it discloses one or more of the following:
(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.
(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 outright regarding that disclosure.
(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 § 146a.16 (relating to delivery).
Cross References This section cited in 31 Pa. Code § 146a.2 (relating to definitions); 31 Pa. Code § 146a.11 (relating to initial privacy notice to consumers required); 31 Pa. Code § 146a.13 (relating to information to be included in privacy notice); and 31 Pa. Code § 146a.16 (relating to delivery).
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