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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 settlement agent 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 | settlement agent 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the person to | whom the information pertains has affirmatively consented to the | disclosure in writing and has not withdrawn that consent.__This | subsection does not prohibit the disclosure of nonpublic personal | information by a settlement agent to a nonaffiliated 3rd party to |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. B-1. Statutory referendum procedure; submission at statewide election; form of | question; effective date. This Act takes effect when approved only for | the purpose of permitting its submission to the legal voters of | the State at a statewide election held on the Tuesday following | the first Monday of November following passage of this Act. The | municipal officers of this State shall notify the inhabitants of | their respective cities, towns and plantations to meet, in the | manner prescribed by law for holding a statewide election, to | vote on the acceptance or rejection of this Act by voting on the | following question: |
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| "Do you favor requiring financial services providers to | obtain permission from individuals before disclosing | nonpublic personal information to nonaffiliated 3rd | parties?" |
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