Current through the 2024 Legislative Session
Section 431:3A-302 - Limits on redisclosure and reuse of nonpublic personal financial information(a) If a licensee receives nonpublic personal financial information from a nonaffiliated financial institution under an exception in section 431:3A-402 or 431:3A-403, the licensee's disclosure and use of that information shall be as follows: (1) The licensee may disclose the information to the affiliates of the financial institution from which the licensee received the information;(2) The licensee may disclose the information to its affiliates who may disclose and use the information only to the extent that the licensee may disclose and use the information; and(3) The licensee may disclose and use the information pursuant to an exception under section 431:3A-402 or 431:3A-403, 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 nonpublic personal financial information from a nonaffiliated financial institution other than under an exception in section 431:3A-402 or 431:3A-403, the licensee may disclose the information only: (1) To the affiliates of the financial institution from which the licensee received the information;(2) To its affiliates who may disclose the information only to the extent that the licensee may disclose the information; and(3) To any other person, if the disclosure would be lawful if made directly to that person by the financial institution from which the licensee received the information.(c) If a licensee discloses nonpublic personal financial information to a nonaffiliated third party under an exception in section 431:3A-402 or 431:3A-403, the third party may disclose and use that information, as follows: (1) Disclose to the licensee's affiliates;(2) Disclose to its affiliates, who may disclose and use the information only to the extent that the third party may disclose and use the information; and(3) Disclose and use the information pursuant to an exception under section 431:3A-402 or 431:3A-403 in the ordinary course of business to carry out the activity covered by the exception under which it received the information.(d) If a licensee discloses nonpublic personal financial information to a nonaffiliated third party other than under an exception under section 431:3A-402 or 431:3A-403, the third party may disclose the information only: (1) To the licensee's affiliates;(2) To the third party's affiliates who may disclose the information only to the extent the third party can disclose the information; and(3) To any other person, if the disclosure would be lawful if the licensee made it directly to that person. L 2001, c 220 , pt of §1; am L 2003, c 212, §32 .