§ 313.8 - Revised privacy notices.

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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 § 313.4, 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—(1) Except as otherwise permitted by §§ 313.13, 313.14, and 313.15, 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 § 313.9.