Utah Admin. Code 590-206-13

Current through Bulletin 2024-19, October 1, 2024

Section R590-206-13 - Limits on Reusing Nonpublic Personal Financial Information

(1)

(a) If a licensee receives nonpublic personal financial information from a nonaffiliated financial institution under an exception in Section R590-206-16 or R590-206-17, disclosure and use of that information is limited as follows:

(i) a licensee may disclose the information to an affiliate of the financial institution from which the licensee received the information;

(ii) a licensee may disclose the information to its affiliate, but the affiliate may disclose and use the information only to the extent that the licensee may disclose and use the information; and

(iii) a licensee may disclose and use the information in the ordinary course of business to carry out the activity covered by the exception under which the licensee received the information.

(b) If a licensee receives information from a nonaffiliated financial institution for claims settlement purposes, the licensee may disclose the information for fraud prevention, or in response to a properly authorized subpoena.

(c) A licensee may not disclose information to a third party for marketing purposes or use the information for its own marketing purposes.

(2)

(a) If a licensee receives nonpublic personal financial information from a nonaffiliated financial institution other than under an exception in Section R590-206-16 or R590-206-17, the licensee may disclose the information:

(i) to an affiliate of the financial institution from which the licensee received the information;

(ii) to its affiliate, but its affiliate may disclose the information only to the extent the licensee may disclose the information; and

(iii) to any other person, if the disclosure is lawful if made directly to that person by the financial institution from which the licensee received the information.

(b) If a licensee obtains a customer list from a nonaffiliated financial institution outside of the exceptions in Sections R590-206-16 and R590-206-17, a licensee may:

(i) use the list for its own purposes; and

(ii) disclose the list to a nonaffiliated third party if the financial institution from which the licensee purchased the list could have lawfully disclosed the list to that third party.

(3) If a licensee discloses nonpublic personal financial information to a nonaffiliated third party under an exception in Section R590-206-16 or R590-206-17, the third party may disclose and use the information as follows:

(a) to an affiliate of the licensee;

(b) to its affiliate, but its affiliate 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 the exception under which it received the information.

(4) If a licensee discloses nonpublic personal financial information to a nonaffiliated third party other than under an exception in Section R590-206-16 or R590-206-17, the third party may disclose the information:

(a) to an affiliate of the licensee;

(b) to its affiliate, but its affiliate may disclose the information only to the extent the third party may disclose the information; and

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

Utah Admin. Code R590-206-13

Amended by Utah State Bulletin Number 2017-15, effective 7/11/2017

Adopted by Utah State Bulletin Number 2023-23, effective 11/21/2023