Utah Admin. Code 590-206-12

Current through Bulletin 2024-19, October 1, 2024
Section R590-206-12 - Limitations on Disclosure of Nonpublic Personal Financial Information to Nonaffiliated Third Parties
(1)
(a) Except as otherwise provided, a licensee may not, directly or through any affiliate, disclose nonpublic personal financial information about a consumer to a nonaffiliated third party unless:
(i) the licensee provides the consumer an initial notice required under Section R590-206-5;
(ii) the licensee provides the consumer an opt out notice required under Section R590-206-8;
(iii) the licensee provides the consumer a reasonable opportunity to opt out of the disclosure before it discloses the information to the nonaffiliated third party; and
(iv) the consumer does not opt out.
(b) Opt out occurs when a consumer directs the licensee to not disclose the consumer's nonpublic personal financial information to a nonaffiliated third party, except as permitted under Sections R590-206-15 through R590-206-17.
(2)
(a) This Section R590-206-12 applies regardless of whether the licensee and the consumer have a customer relationship.
(b) A licensee may not, directly or through any affiliate, disclose nonpublic personal financial information about a consumer regardless of whether the licensee collected it before or after receiving the direction to opt out.
(3) A consumer may select certain nonpublic personal financial information or certain nonaffiliated third parties that the consumer wishes to opt out.

Utah Admin. Code R590-206-12

Amended by Utah State Bulletin Number 2017-15, effective 7/11/2017
Adopted by Utah State Bulletin Number 2023-23, effective 11/21/2023