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Section 6801 et seq. (1999) and the applicable implementing | federal Privacy of Consumer Information regulations, as adopted | by the Office of the Comptroller of the Currency, 12 Code of | Federal Regulations, Part 40 (2001); the Board of Governors of | the Federal Reserve System, 12 Code of Federal Regulations, Part | 216 (2001); the Federal Deposit Insurance Corporation, 12 Code | of Federal Regulations, Part 332 (2001); the Office of Thrift | Supervision, 12 Code of Federal Regulations, Part 573 (2001); | the National Credit Union Administration, 12 Code of Federal | Regulations, Part 716 (2001); the Federal Trade Commission, 16 | Code of Federal Regulations, Part 313 (2001); or the Securities | and Exchange Commission, 17 Code of Federal Regulations, Part | 248 (2001), if the collection agency or repossession company is | a financial institution as defined in those regulations.__This | subsection is not intended to permit the release of health care | information except as permitted by Title 22, section 1711-C or | Title 24-A, chapter 24. |
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| | 2.__Opt in; disclosure to nonaffiliated 3rd party.__A | collection agency or repossession company required to comply | with subsection 1 may not disclose, directly or through an | affiliate, to a nonaffiliated 3rd party any nonpublic personal | information unless the person to whom the information pertains | has affirmatively consented to the disclosure in writing and | has not withdrawn that consent.__This subsection does not | prohibit the disclosure of nonpublic personal information by a | collection agency or repossession company to a nonaffiliated | 3rd party to the extent such a disclosure is permitted by the | federal Gramm-Leach-Bliley Act, 15 United States Code, Section | 6802, subsection b, paragraph 2 and subsection e. |
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| | 3. Use of terms.__As used in this section, unless the | context otherwise indicates, the terms "affiliate," | "nonaffiliated 3rd party" and "nonpublic personal information" | have the same meanings as in the federal Gramm-Leach-Bliley | Act, 15 United States Code, Section 6801 et seq. (1999). |
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| | Sec. A-19. 33 MRSA §528, as enacted by PL 2001, c. 262, Pt. E, | §5, is repealed and the following enacted in its place: |
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| §528.__Privacy duties of settlement agents |
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| | 1.__Compliance with federal law and regulations.__Except as | provided in subsection 2 with respect to disclosure of | nonpublic personal information to nonaffiliated 3rd parties, a | settlement agent shall comply with the provisions of the | federal Gramm-Leach-Bliley Act, 15 United States Code, Section | 6801 et seq. (1999) and the applicable implementing federal | Privacy of Consumer Information regulations, as adopted by the | Office of the Comptroller of the Currency, 12 Code of Federal | Regulations, Part |
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