PART A

Sec. A-1. 9-A MRSA §3-314, as enacted by PL 2001, c. 262, Pt. A, §1, is repealed and the following enacted in its place:

§3-314.__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, a creditor 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 creditor 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.__This subsection does not apply to a supervised financial organization.

2.__Opt in; disclosure to nonaffiliated 3rd party.__A creditor 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unless the person to whom the information pertains has affirmatively consented to the disclosure in writing and has not withdrawn that consent.__This subsection does not prohibit the disclosure of nonpublic personal information by a creditor to a nonaffiliated 3rd party to the extent such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-2. 9-A MRSA §9-310, as corrected by RR 2001, c. 1, §14, is repealed and the following enacted in its place: