LD 661
pg. 9
Page 8 of 13 An Act To Amend the Laws Governing Privacy of Consumer Financial Information ... Page 10 of 13
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LR 214
Item 1

 
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-15. 32 MRSA §6162, as enacted by PL 2001, c. 262, Pt. E,
§3, is repealed and the following enacted in its place:

 
§6162.__Privacy of consumer financial information

 
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,
an operator 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 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 operator 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.__An
operator 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to the disclosure in writing and has not withdrawn that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 an operator 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"


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