Delivery

01. How to Provide Notices. A licensee will make available any notices that this rule requires so that each consumer can reasonably be expected to receive actual notice in writing or, if the consumer agrees, electronically. (3-31-22) 02. Reasonable Expectation of Notice. A licensee may reasonably expect that a consumer will receive actual notice if the licensee: (3-31-22) a. Hand-delivers a printed copy of the notice to the consumer; (3-31-22) b. Mails a printed copy of the notice to the last known address of the consumer separately, or in a policy, billing or other written communication; or (3-31-22) c. For a consumer who conducts transactions electronically, or an isolated transaction with a consumer, such as the licensee providing an insurance quote or selling the consumer travel insurance, posts the notice on the electronic site and requires the consumer to acknowledge receipt of the notice as a necessary step to obtaining a particular insurance product or service. (3-31-22) 03. Annual Notices Only. A licensee may reasonably expect that a customer will receive actual notice of the licensee's annual privacy notice if: (3-31-22) a. The customer uses the licensee's web site to access insurance products and services electronically and agrees to receive notices at the web site and the licensee posts its current privacy notice continuously in a clear and conspicuous manner on the web site; or (3-31-22) b. The customer has requested that the licensee refrain from sending any information regarding the customer relationship, and the licensee's current privacy notice remains available to the customer upon request. (3-31-22) IDAHO ADMINISTRATIVE CODE IDAPA 18.01.01 Department of Insurance Privacy of Consumer Financial Information Section 400 Page 12 04. Oral Description of Notice Insufficient. A licensee cannot provide any notice prescribed by this rule solely by orally explaining the notice. (3-31-22) 05. Retention or Accessibility of Notices for Customers. (3-31-22) a. For customers only, a licensee will provide all notices so that the customer can retain them or obtain them later in writing or, if the customer agrees, electronically. (3-31-22) b. Examples of retention or accessibility. A licensee provides a privacy notice to the customer so that the customer can retain it or obtain it later if the licensee: (3-31-22) i. Hand-delivers a printed copy of the notice to the customer; (3-31-22) ii. Mails a printed copy of the notice to the last known address of the customer; or (3-31-22) iii. Makes its current privacy notice available on a web site (or a link to another web site) for the customer who obtains an insurance product or service electronically and agrees to receive the notice at the web site. (3-31-22) 06. Joint Notice with Other Financial Institutions. A licensee may provide a joint notice from the licensee and one (1) or more of its affiliates or other financial institutions, as identified in the notice, as long as the notice is accurate with respect to the licensee and the other institutions. A licensee also may provide a notice on behalf of another financial institution. (3-31-22) 351. -- 399. (RESERVED) 400. LIMITS ON DISCLOSURE OF NONPUBLIC PERSONAL FINANCIAL INFORMATION TO NONAFFILIATED THIRD PARTIES. 01. Conditions for Disclosure. (3-31-22) a. Except as authorized in this rule, a licensee will not, directly or through any affiliate, disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party unless: (3-31-22) i. The licensee has provided to the consumer an initial notice as prescribed under Section 100; (3-31-22) ii. The licensee has provided to the consumer an opt out notice as prescribed in Sections 250 and 251; (3-31-22) iii. The licensee has given the consumer a reasonable opportunity to opt out of the disclosure before it discloses the information to the nonaffiliated third party; and (3-31-22) iv. The consumer does not opt out. (3-31-22) b. If a consumer opts out, the licensee cannot disclose nonpublic personal financial information about that consumer to a nonaffiliated third party, other than as permitted by Sections 450, 451, and 452. (3-31-22) c. Examples of a reasonable opportunity to opt out. A licensee provides a consumer with a reasonable opportunity to opt out if the licensee mails the notices prescribed in Subsection 400.01 of this rule to the consumer and allows the consumer to opt out by mailing a form, calling a toll-free telephone number, or any other reasonable means in thirty (30) days from the date of mailing. (3-31-22) 02. Application of Opt Out to All Consumers and All Nonpublic Personal Financial Information. (3-31-22) a. A licensee will comply with Section 400, regardless of whether the licensee and the consumer have IDAHO ADMINISTRATIVE CODE IDAPA 18.01.01 Department of Insurance Privacy of Consumer Financial Information Section 401 Page 13 established a customer relationship. (3-31-22) b. Unless a licensee complies with Section 400, the licensee will not disclose any nonpublic personal financial information about a consumer that the licensee has collected, regardless of whether the licensee collected it before or after receiving the direction to opt out from the consumer. (3-31-22) 03. Partial Opt Out. A licensee may allow a consumer to select certain nonpublic personal financial information or certain nonaffiliated third parties with respect to which the consumer wishes to opt out. (3-31-22) 401. LIMITS ON REDISCLOSURE AND REUSE OF NONPUBLIC PERSONAL FINANCIAL INFORMATION. 01. Information the Licensee Receives Under an Exception. If a licensee receives nonpublic personal financial information from a nonaffiliated financial institution, the licensee may disclose the information only: (3-31-22) a. To the affiliates of the financial institution from which the licensee received the information; and (3-31-22) b. To its affiliates, but its affiliates may, in turn, disclose the information only to the extent that the licensee may disclose the information. (3-31-22) 02. Information a Licensee Discloses Under an Exception. If a licensee discloses nonpublic personal financial information to a nonaffiliated third party, the third party may disclose that information only: (3-31-22) a. To the licensee's affiliates; (3-31-22) b. To the third party's affiliates, but the third party's affiliates, in turn, may disclose the information only to the extent the third party can disclose the information; and (3-31-22) c. To any other person, if the disclosure would be lawful if the licensee made it directly to that person. (3-31-22)