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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. |
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| | | 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person to whom the information pertains has | | affirmatively consented to the disclosure in writing and has not | | withdrawn that consent.__This subsection does not prohibit the | | disclosure of nonpublic personal information by a collection | | agency or repossession company to a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. |
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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-19. 33 MRSA §528, as enacted by PL 2001, c. 262, Pt. E, §5, | | is repealed and the following enacted in its place: |
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| | | §528.__Privacy duties of settlement agents |
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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 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 |
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