LD 1638
pg. 2
Page 1 of 13 An Act Concerning the Regulation of Certain Information to Protect Privacy ... Page 3 of 13
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LR 2052
Item 1

 
§9-310.__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.

 
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disclosure in writing and has not withdrawn that consent.__This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-3. 9-A MRSA §10-306, as enacted by PL 2001, c. 262, Pt. A,
§3, is repealed and the following enacted in its place:

 
§10-306.__Privacy of consumer financial information

 
1.__Compliance with federal law and regulations.__Except as
provided in subsection 2 with respect to disclosure of nonpublic


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