NDAC 45-14-01-09
Revised privacy notices
Cite as N.D. Admin. Code ยง 45-14-01-09
1.
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 to
a nonaffiliated third party other than as described in the initial notice that the licensee provided
to that consumer under section 45-14-01-05, unless:
a.
The licensee has provided to the consumer a clear and conspicuous revised notice that
accurately describes its policies and practices;
b.
The licensee has provided a new notice to the consumer regarding requests for
authorization and a new authorization; and
c.
The licensee has obtained authorization from the consumer whose nonpublic personal
financial information is sought to be disclosed.
2.
Examples.
a.
Except as otherwise permitted by sections 45-14-01-14, 45-14-01-15, and 45-14-01-16, a
licensee shall provide a revised notice if it requests authorization to disclose:
(1)
A new category of nonpublic personal financial information to any nonaffiliated third
party;
(2)
Nonpublic personal financial information to a new category of nonaffiliated third
party; or
(3)
Nonpublic personal financial information about a former customer to a nonaffiliated
third party, if that former customer has not authorized the 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.
Delivery. When a licensee is required to deliver a revised privacy notice by this section, the
licensee shall deliver it according to section 45-14-01-10.