LD 1638
pg. 8
Page 7 of 13 An Act Concerning the Regulation of Certain Information to Protect Privacy ... Page 9 of 13
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LR 2052
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is repealed and the following enacted in its place: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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