LD 1638
pg. 11
Page 10 of 13 An Act Concerning the Regulation of Certain Information to Protect Privacy ... Page 12 of 13
Download Bill Text
LR 2052
Item 1

 
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
collection agency or repossession company 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
collection agency or repossession company 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withdrawn that consent.__This subsection does not prohibit the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 collection
agency or repossession company 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-19. 33 MRSA §528, as enacted by PL 2001, c. 262, Pt. E, §5,
is repealed and the following enacted in its place:

 
§528.__Privacy duties of settlement agents

 
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 settlement
agent 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


Page 10 of 13 Top of Page Page 12 of 13