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§9-310.__Privacy of consumer financial information |
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| | | 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. |
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| | | 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person | | to whom the information pertains has affirmatively consented | | to the disclosure in writing and has not withdrawn that | | consent.__This subsection does not prohibit the disclosure of | | nonpublic personal information by a creditor to a | | nonaffiliated 3rd party to the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. |
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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. 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: |
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| | | §10-306.__Privacy of consumer financial information |
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| | | 1.__Compliance with federal law and regulations.__Except as | | provided in subsection 2 with respect to disclosure of | | nonpublic |
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