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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-15. 32 MRSA §6162, as enacted by PL 2001, c. 262, Pt. E, §3, | | is repealed and the following enacted in its place: |
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| | | §6162.__Privacy of consumer financial information |
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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, an operator | | 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 operator 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.__An | | operator 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person to whom the | | information pertains has affirmatively consented to the | | disclosure in writing and has not withdrawn that consent.__This | | subsection does not prohibit the disclosure of nonpublic personal | | information by an operator to a nonaffiliated 3rd party to the |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" |
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