Current through Register Vol. 35, No. 9, May 7, 2024
Section 13.1.3.12 - REVISED PRIVACY NOTICES FOR NONPUBLIC PERSONAL FINANCIAL INFORMATIONA. 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 other than as described in the initial notice that the licensee provided to that consumer under 13.1.3.8 NMAC or in the authorization obtained from the consumer, 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 notice to consumers regarding request for authorization and a new authorization; and(3) The licensee has obtained authorization from the consumer whose nonpublic personal financial information is sought to be disclosed.B. Examples. Except as otherwise permitted by 13.1.3.17 NMAC, 13.1.3.18 NMAC and 13.1.3.19 NMAC, a licensee shall provide a revised notice if it requests authorization to disclose:(1) a new category of nonpublic personal information;(2) nonpublic personal information to a new category of nonaffiliated third party; or(3) nonpublic personal information about a former customer to a nonaffiliated third party, if that former customer has not previously authorized the disclosure.C. Delivery. When a licensee is required to deliver a revised privacy notice by this section, the licensee shall deliver it according to 13.1.3.13 NMAC.13.1.3.12 NMAC - N, 2-25-02