LD 661
pg. 8
Page 7 of 13 An Act To Amend the Laws Governing Privacy of Consumer Financial Information ... Page 9 of 13
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LR 214
Item 1

 
Act, 15 United States Code, Section 6802, subsection b,
paragraph 2 and subsection e.

 
C.__As used in this subsection, 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-14. 32 MRSA §6146, as enacted by PL 2001, c. 262, Pt. E,
§2, is repealed and the following enacted in its place:

 
§6146.__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
check cashing business or foreign currency exchange business
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 check cashing business or
foreign currency exchange business 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 check
cashing business or foreign currency exchange business
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 check cashing business or foreign
currency exchange business 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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