Md. Code Regs. 31.16.08.07

Current through Register Vol. 51, No. 21, October 18, 2024

Section 31.16.08.07 - Information To Be Included in Privacy Notices for Financial Information

A. Privacy notices required to be provided under Regulations .05, .06, and .09 of this chapter shall include the following information:

(1) The categories of nonpublic personal financial information that the licensee collects;

(2) The categories of nonpublic personal financial information that the licensee discloses;

(3) The categories of affiliates and nonaffiliated third parties to whom the licensee discloses nonpublic personal financial information, other than those parties to whom the licensee discloses information under Regulations .15 and .16 of this chapter;

(4) The categories of:

(a) Nonpublic personal financial information about the licensee's former customers that the licensee discloses; and

(b) Affiliates and nonaffiliated third parties to whom the licensee discloses nonpublic personal financial information about the licensee's former customers, other than those parties to whom the licensee discloses information under Regulations .15 and .16 of this chapter;

(5) If a licensee discloses nonpublic personal financial information to a nonaffiliated third party under Regulation .14 of this chapter and no other exception in Regulations .15 and .16 of this chapter applies to that disclosure, a separate description of the categories of information the licensee discloses and the categories of third parties with whom the licensee has contracted;

(6) An explanation of the consumer's right under Regulation .11A of this chapter to opt out of the disclosure of nonpublic personal financial information to nonaffiliated third parties, including the methods by which the consumer may exercise that right at that time;

(7) Any disclosures that the licensee makes under § 603(d)(2)(A)(iii) of the federal Fair Credit Reporting Act, 15 U.S.C. § 1681a(d)(2)(A)(iii) regarding the ability to opt out of disclosures of information among affiliates;

(8) The licensee's policies and practices with respect to protecting the confidentiality and security of nonpublic personal financial information; and

(9) Any disclosure that the licensee makes under §B of this regulation.

B. If a licensee discloses nonpublic personal financial information as authorized under Regulations .15 and .16 of this chapter:

(1) The licensee is not required to list those exceptions in the initial or annual privacy notices required by Regulations .05 and .06 of this chapter; and

(2) When describing the categories of parties to whom disclosure is made, the licensee is required to state only that it makes disclosures to other affiliated or nonaffiliated third parties, as applicable, as permitted by law.

C. A licensee satisfies the requirement to categorize the nonpublic personal financial information that the licensee collects if the licensee categorizes the information according to the source of the information, including:

(1) Information from the consumer;

(2) Information about the consumer's transactions with the licensee or its affiliates;

(3) Information about the consumer's transactions with nonaffiliated third parties; and

(4) Information from a consumer reporting agency.

D. A licensee satisfies the requirement to categorize the nonpublic personal financial information that the licensee discloses if the licensee:

(1) Categorizes the information according to source, as described in §C of this regulation; and

(2) Provides a few examples to illustrate the types of information in each category, such as:

(a) Information from the consumer, including application information, such as assets and income and identifying information, such as name, address, and Social Security number;

(b) Transaction information, such as information about balances, payment history, and parties to the transaction; and

(c) Information from consumer reports, such as a consumer's creditworthiness and credit history.

E. A licensee does not adequately categorize the information that it discloses if the licensee uses only general terms, such as transaction information about the consumer.

F. If a licensee reserves the right to disclose all of the nonpublic personal financial information about consumers that it collects, the licensee may simply state that fact without describing the categories or examples of nonpublic personal financial information that the licensee discloses.

G. Categories of Affiliates and Nonaffiliated Third Parties to Whom the Licensee Discloses.

(1) A licensee satisfies the requirement to categorize the affiliates and nonaffiliated third parties to which the licensee discloses nonpublic personal financial information about consumers if the licensee identifies the types of businesses in which they engage.

(2) Types of businesses may be described by general terms only if the licensee uses a few illustrative examples of significant lines of business, including the use by a licensee of the term financial products or services if the licensee includes appropriate examples of significant lines of businesses, such as life insurer, automobile insurer, consumer banking, or securities brokerage.

(3) A licensee also may categorize the affiliates and nonaffiliated third parties to which it discloses nonpublic personal financial information about consumers using more detailed categories.

H. If a licensee discloses nonpublic personal financial information under the exception in Regulation .14 of this chapter to a nonaffiliated third party to market products or services that it offers alone or jointly with another financial institution, the licensee satisfies the disclosure requirement of §A(5) of this regulation if it:

(1) Lists the categories of nonpublic personal financial information it discloses, using the same categories and examples the licensee used to meet the requirements of §A(2) of this regulation, as applicable; and

(2) States whether the third party is:

(a) A service provider that performs marketing services on the licensee's behalf or on behalf of the licensee and another financial institution; or

(b) A financial institution with whom the licensee has a joint marketing agreement.

I. If a licensee does not disclose, and does not wish to reserve the right to disclose, nonpublic personal financial information about customers or former customers to affiliates or nonaffiliated third parties except as authorized under Regulations .15 and .16 of this chapter, the licensee may simply state that fact, in addition to the information it must provide under §§A(1), (8), and (9) and B of this regulation.

J. Policies and Practices for Protection of Confidentiality and Security.

(1) A licensee shall describe its policies and practices with respect to protecting the confidentiality and security of nonpublic personal financial information.

(2) A licensee may satisfy §J(1) of this regulation if the licensee:

(a) Describes in general terms who is authorized to have access to the information; and

(b) States whether the licensee has security practices and procedures in place to ensure the confidentiality of the information in accordance with the licensee's policy.

(3) A licensee is not required to describe technical information about the safeguards it uses.

K. Short-Form Initial Notice with Opt Out Notice for Noncustomers.

(1) A licensee may satisfy the initial notice requirements in Regulations .05A(2) and .08C of this chapter for a consumer who is not a customer by providing a short-form initial notice at the same time the licensee delivers an opt out notice as required in Regulation .08 of this chapter.

(2) A short-form initial notice shall:

(a) Be clear and conspicuous;

(b) State that the licensee's privacy notice is available upon request; and

(c) Explain a reasonable means by which the consumer may obtain that notice.

(3) Delivery of Short-Form Initial Notice.

(a) A licensee shall deliver its short-form initial notice in accordance with Regulation .10 of this chapter.

(b) The licensee is not required to deliver its privacy notice with its short-form initial notice if the licensee provides the consumer a reasonable means to obtain its privacy notice.

(c) The licensee provides a reasonable means by which a consumer may obtain a copy of its privacy notice if the licensee:

(i) Provides a toll-free telephone number that the consumer may call to request the notice; or

(ii) For a consumer who conducts business in person at the licensee's office, maintains copies of the notice on hand that the licensee provides to the consumer immediately upon request.

(d) Upon the request of a consumer, the licensee shall deliver its privacy notice according to Regulation .10 of this chapter.

L. The licensee's notice may include:

(1) Categories of nonpublic personal financial information that the licensee reserves the right to disclose in the future, but does not currently disclose; and

(2) Categories of affiliates or nonaffiliated third parties to whom the licensee reserves the right in the future to disclose, but to whom the licensee does not currently disclose, nonpublic personal financial information.

Md. Code Regs. 31.16.08.07