LD 661
pg. 3
Page 2 of 13 An Act To Amend the Laws Governing Privacy of Consumer Financial Information ... Page 4 of 13
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LR 214
Item 1

 
personal information to nonaffiliated 3rd parties, a credit
services organization 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 credit services organization 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 credit
services organization 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not withdrawn that consent.__This subsection does not prohibit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 credit
services organization 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-4. 9-A MRSA §11-122, as enacted by PL 2001, c. 262, Pt. A,
§4, is repealed and the following enacted in its place:

 
§11-122.__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
merchant who enters into a rental-purchase agreement with a
consumer shall comply with the provisions of the federal
Gramm-Leach-Bliley Act, 15 United States Code, Section 6801 et
seq. (1999) and the


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