§ 248.8 - Revised privacy notices.  


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  • § 248.8 Revised privacy notices.

    (a) General rule. Except as otherwise authorized in this subpart, 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 § 248.4, unless:

    (1) You have provided to the consumer a clear and conspicuous revised notice that accurately describes your policies and practices;

    (2) You have provided to the consumer a new opt out notice;

    (3) 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

    (4) The consumer does not opt out.

    (b) Examples.

    (1) Except as otherwise permitted by §§ 248.13, 248.14, and 248.15, you must provide a revised notice before you:

    (i) Disclose a new category of nonpublic personal information to any nonaffiliated third party;

    (ii) Disclose nonpublic personal information to a new category of nonaffiliated third party; or

    (iii) 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.

    (2) 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.

    (c) Delivery. When you are required to deliver a revised privacy notice by this section, you must deliver it according to § 248.9.