(a) (1) Conditions for disclosure. Except as otherwise
authorized in this part, you may not, directly or through any affiliate,
disclose any nonpublic personal information about a consumer to a
nonaffiliated third party unless:
(i) You have provided to the consumer
an initial notice as required under section 1016.4 of this part;
(ii) You have provided to the consumer
an opt-out notice as required in section 1016.7 of this part;
(iii) You have given the consumer a
reasonable opportunity, before you disclose the information to the
nonaffiliated third party, to opt-out of the disclosure; and
(iv) The consumer does not opt-out.
(2) Opt-out definition. Opt-out means a direction
by the consumer that you not disclose nonpublic personal information
about that consumer to a nonaffiliated third party, other than as
permitted by sections 1016.13, 1016.14, and 1016.15.
(3) Examples
of reasonable opportunity to opt-out. You provide a consumer with a
reasonable opportunity to opt-out if:
(i) By mail. You mail the notices required in paragraph (a)(1) of this section
to the consumer and allow the consumer to opt-out by mailing a form,
calling a toll-free telephone number, or any other reasonable means
within 30 days from the date you mailed the notices.
(ii) By electronic
means. A customer opens an online account with you and agrees
to receive the notices required in paragraph (a)(1) of this section
electronically, and you allow the customer to opt-out by any reasonable
means within 30 days after the date that the customer acknowledges
receipt of the notices in conjunction with opening the account.
(iii) Isolated transaction with consumer. For an isolated transaction,
such as the purchase of a cashier’s check by a consumer, you provide
the consumer with a reasonable opportunity to opt-out if you provide
the notices required in paragraph (a)(1) of this section at the time
of the transaction and request that the consumer decide, as a necessary
part of the transaction, whether to opt-out before completing the
transaction.
6-7301
(b) Application of opt-out to all consumers and all nonpublic personal
information.
(1)
You must comply with this section, regardless of whether you and the
consumer have established a customer relationship.
(2) Unless you comply with this section,
you may not, directly or through any affiliate, disclose any nonpublic
personal information about a consumer that you have collected, regardless
of whether you collected it before or after receiving the direction
to opt-out from the consumer.
(c) Partial opt-out. You may allow a consumer
to select certain nonpublic personal information or certain nonaffiliated
third parties with respect to which the consumer wishes to opt-out.
