44-906. Privacy notices; requirements.

(1) The initial, annual, and revised privacy notices that a licensee provides under sections 44-904, 44-905, and 44-908 shall include each of the following items of information, in addition to any other information the licensee wishes to provide, that applies to the licensee and to the consumers to whom the licensee sends its privacy notice:

(a) The categories of nonpublic personal financial information that the licensee collects;

(b) The categories of nonpublic personal financial information that the licensee discloses;

(c) The categories of affiliates and nonaffiliated third parties to whom the licensee discloses nonpublic personal financial information, other than those parties to whom the licensee discloses information under sections 44-914 and 44-915;

(d) The categories of nonpublic personal financial information about the licensee's former customers that the licensee discloses and the categories of affiliates and nonaffiliated third parties to whom the licensee discloses nonpublic personal financial information about the licensee's former customers, other than those parties to whom the licensee discloses information under sections 44-914 and 44-915;

(e) If a licensee discloses nonpublic personal financial information to a nonaffiliated third party under section 44-913, and no other exception in sections 44-914 and 44-915 applies to that disclosure, a separate description of the categories of information the licensee discloses and the categories of third parties with whom the licensee has contracted;

(f) An explanation of the consumer's right under subsection (1) of section 44-910 to opt out of the disclosure of nonpublic personal financial information to nonaffiliated third parties, including the methods by which the consumer may exercise that right at that time;

(g) Any disclosures that the licensee makes under 15 U.S.C. 1681a(d)(2)(A)(iii), as such section existed on April 5, 2001;

(h) The licensee's policies and practices with respect to protecting the confidentiality and security of nonpublic personal financial information; and

(i) Any disclosure that the licensee makes under subsection (2) of this section.

(2) If a licensee discloses nonpublic personal financial information as authorized under sections 44-914 and 44-915, the licensee is not required to list those exceptions in the initial or annual privacy notices required by sections 44-904 and 44-905. When describing the categories of parties to whom disclosure is made, the licensee is required to state only that it makes disclosures to other affiliated or nonaffiliated third parties, as applicable, as permitted by law.

(3) If a licensee does not disclose, and does not wish to reserve the right to disclose, nonpublic personal financial information about customers or former customers to affiliates or nonaffiliated third parties except as authorized under sections 44-914 and 44-915, the licensee may simply state that fact, in addition to the information it shall provide under subdivisions (1)(a), (1)(h), and (1)(i) of this section and subsection (2) of this section.

(4)(a) A licensee may satisfy the initial notice requirements in subdivision (1)(b) of section 44-904 and subsection (3) of section 44-907 for a consumer who is not a customer by providing a short form initial notice at the same time as the licensee delivers an opt out notice as required in section 44-907.

(b) A short form initial notice shall:

(i) Be clear and conspicuous;

(ii) State that the licensee's privacy notice is available upon request; and

(iii) Explain a reasonable means by which the consumer may obtain that notice. Such reasonable means include provision of a toll-free telephone number that the consumer may call to request the notice or, for a consumer who conducts business in person at the licensee's office, maintenance of copies of the notice on hand that the licensee provides to the consumer immediately upon request.

(c) The licensee shall deliver its short form initial notice according to section 44-909. The licensee is not required to deliver its privacy notice with its short form initial notice. The licensee instead may simply provide the consumer a reasonable means to obtain its privacy notice. If a consumer who receives the licensee's short form notice requests the licensee's privacy notice, the licensee shall deliver its privacy notice according to section 44-909.

(5) The licensee's notice may include:

(a) Categories of nonpublic personal financial information that the licensee reserves the right to disclose in the future, but does not currently disclose; and

(b) Categories of affiliates or nonaffiliated third parties to whom the licensee reserves the right in the future to disclose, but to whom the licensee does not currently disclose, nonpublic personal financial information.

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