N.M. Admin. Code § 13.1.3.14

Current through Register Vol. 35, No. 24, December 23, 2024

Section 13.1.3.14 - LIMITS ON DISCLOSURE OF NONPUBLIC PERSONAL INFORMATION

A. Conditions for disclosure. Except as otherwise authorized in this rule, a licensee may not, directly or through any affiliate, disclose any nonpublic personal health information to any party, including affiliates, and may not, directly or through an affiliate, disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party unless:

(1) The licensee has provided to the consumer any initial notice as required under 13.1.3.8 NMAC regarding nonpublic personal financial information;

(2) The licensee has provided to the consumer a notice as required in 13.1.3.11 NMAC; and

(3) An authorization is obtained from the consumer whose nonpublic personal information is sought to be disclosed.

B. Application to all consumers and all nonpublic personal information.

(1) A licensee shall comply with this section, regardless of whether the licensee and the consumer have established a customer relationship.

(2) Unless a licensee complies with this section, the licensee may not, directly or through any affiliate, disclose any nonpublic personal information about a consumer that the licensee has collected, regardless of whether the licensee collected it before or after receiving authorization from the consumer.

C. Partial authorization. A licensee may allow a consumer to select certain nonpublic personal information or certain affiliates or nonaffiliated third parties with respect to which the consumer wishes to authorize disclosure of specified nonpublic personal information.

N.M. Admin. Code § 13.1.3.14

13.1.3.14 NMAC - N, 2-25-02