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

 
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 settlement agent 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
settlement agent 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disclosure in writing and has not withdrawn that consent.__This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 settlement agent 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).

 
PART B

 
Sec. B-1. Statutory referendum procedure; submission at statewide election; form of
question; effective date. This Act takes effect when approved only for
the purpose of permitting its submission to the legal voters of
the State at a statewide election held on the Tuesday following
the first Monday of November following passage of this Act. The
municipal officers of this State shall notify the inhabitants of
their respective cities, towns and plantations to meet, in the
manner prescribed by law for holding a statewide election, to
vote on the acceptance or rejection of this Act by voting on the
following question:

 
"Do you favor requiring financial services providers to
obtain permission from individuals before disclosing
nonpublic personal information to nonaffiliated 3rd
parties?"


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