§1016.8. Revised privacy notices.
12 C.F.R. § 1016.8
General rule. Except as otherwise authorized in this part, you must not, directly or through any affiliate, disclose any nonpublic personal information about a consumer to a nonaffiliated third party other than as described in the initial notice that you provided to that consumer under § 1016.4 of this part, unless:
You have provided to the consumer a clear and conspicuous revised notice that accurately describes your policies and practices;
You have provided to the consumer a new opt out notice;
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
The consumer does not opt out.
Examples.
Except as otherwise permitted by §§ 1016.13, 1016.14, and 1016.15 of this part, you must provide a revised notice before you:
Disclose a new category of nonpublic personal information to any nonaffiliated third party;
Disclose nonpublic personal information to a new category of nonaffiliated third party; or
Disclose nonpublic personal information about a former customer to a nonaffiliated third party, if that former customer has not had the opportunity to exercise an opt out right regarding that disclosure.
A revised notice is not required if you disclose nonpublic personal information to a new nonaffiliated third party that you adequately described in your prior notice.
Delivery. When you are required to deliver a revised privacy notice by this section, you must deliver it according to § 1016.9 of this part.
Notes, amendments, and revision history
Authority
Authority: 12 U.S.C. 5512, 5581; 15 U.S.C. 6804.
Source
Source: 76 FR 79028, Dec. 21, 2011, unless otherwise noted.