Nev. Admin. Code § 679B.866

Current through December 31, 2024

Section 679B.866 - Redisclosure and reuse of information

1. If a licensee receives nonpublic personal financial information from a nonaffiliated financial institution pursuant to NAC 679B.872 or 679B.874, the licensee may:

(a) Disclose the information to the affiliates of the financial institution from which the licensee received the information;

(b) Disclose the information to affiliates of the licensee who may disclose and use the information only to the extent that the licensee may disclose and use the information; and

(c) Disclose and use the information pursuant to NAC 679B.872 or 679B.874 in the ordinary course of business to carry out the activity covered by the exception pursuant to which the licensee received the information.

2. If a licensee receives information from a nonaffiliated financial institution for purposes of claims settlement, the licensee may disclose the information for fraud prevention or in response to a properly authorized subpoena. The licensee may not disclose the information to a third party for marketing purposes or use that information for its own marketing purposes.

3. If a licensee receives nonpublic personal financial information from a nonaffiliated financial institution other than information disclosed pursuant to NAC 679B.872 or 679B.874, the licensee may disclose the information:

(a) To the affiliates of the financial institution from which the licensee received the information;

(b) To the affiliates of the licensee who may disclose the information to the extent that the licensee is authorized to disclose such information; or

(c) To any other person, if the disclosure would be lawful if made directly to that person by the financial institution from which the licensee received the information.

4. In addition to any applicable exceptions provided in NAC 679B.872 and 679B.874, if a licensee obtains a customer list from a nonaffiliated financial institution:

(a) The licensee may use the list for its own purposes; and

(b) The licensee may disclose the list to another nonaffiliated third party only if the financial institution from which the licensee purchased the list could have lawfully disclosed the list to the third party.

5. A list disclosed pursuant to subsection 4 must be disclosed by a licensee in compliance with:

(a) The privacy policy of the financial institution from which the licensee received the list;

(b) The opt-out direction of each consumer whose nonpublic personal financial information the licensee intends to disclose; and

(c) The exceptions regarding disclosure in NAC 679B.872 or 679B.874.

6. If a licensee discloses nonpublic personal financial information to a nonaffiliated third party pursuant to an exception in NAC 679B.872 or 679B.874, the third party may disclose the information:

(a) To the affiliates of the licensee;

(b) To the affiliates of the third party who may disclose and use the information only to the extent that the third party may disclose and use the information; and

(c) In the ordinary course of business to carry out the activity covered by an exception contained in NAC 679B.872 or 679B.874.

7. If a licensee discloses nonpublic personal financial information to a nonaffiliated third party other than pursuant to an exception contained in NAC 679B.872 or 679B.874, the third party may disclose the information only:

(a) To the affiliates of a licensee;

(b) To the affiliates of the third party who may disclose the information only to the extent the third party can disclose the information; and

(c) To any other person, if such disclosure would be lawful if the licensee made the disclosure directly to that person.

Nev. Admin. Code § 679B.866

Added to NAC by Comm'r of Insurance by R130-01, eff. 12-17-2002

NRS 679B.130, 686A.025