LD 661
pg. 11
Page 10 of 13 An Act To Amend the Laws Governing Privacy of Consumer Financial Information ... Page 12 of 13
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LR 214
Item 1

 
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.

 
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has not withdrawn that consent.__This subsection does not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.

 
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).

 
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§5, is repealed and the following enacted in its place:

 
§528.__Privacy duties of settlement agents

 
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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