2.__Opt in; disclosure to nonaffiliated 3rd party.__A merchant 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unless the person to whom the information pertains has affirmatively consented to the disclosure in writing and has not withdrawn that consent.__This subsection does not prohibit the disclosure of nonpublic personal information by a merchant to a nonaffiliated 3rd party to the extent such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-5. 9-B MRSA §161, sub-§2, śM, as enacted by PL 2001, c. 262, Pt. B, §3, is amended to read:

M. The Except as provided in section 162-A, the sharing of information to the extent permitted by 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