Alaska Administrative Code (Last Updated: January 12, 2017) |
Title 3. Commerce, Community, and Economic Development. |
Part 3.1. Banking, Securities, Small Loans and Corporations. |
Chapter 3.26. Trade Practices. |
Article 3.26.1. Unfair Claims Settlement Acts or Practices. |
Section 3.26.610. Initial privacy notice to consumers.
Latest version.
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(a) A licensee shall provide a clear and conspicuous notice that accurately reflects the licensee's privacy policies and practices to a (1) customer not later than when the licensee establishes a customer relationship, except as provided in (d) of this section; and (2) consumer before the licensee discloses nonpublic personal financial information about the consumer to a nonaffiliated third party, unless the disclosure is authorized under 3 AAC 26.665 and 3 AAC 26.670. (b) A licensee is not required to provide an initial notice to a consumer under (a) of this section if the (1) licensee does not disclose nonpublic personal financial information about the consumer to a nonaffiliated third party except as authorized under 3 AAC 26.665 and 3 AAC 26.670 and the licensee does not have a customer relationship with the consumer; or (2) initial notice is provided under (a) of this section by an affiliate that is a licensee, and the notice (A) identifies each licensee to whom the notice applies; and (B) accurately states the privacy policies and practices of each licensee. (c) If an existing customer seeks to obtain or obtains a new insurance product or service that is to be used primarily for personal, family, or household purposes from a licensee, the licensee meets the requirements of (a) of this section if the (1) licensee provides a revised policy notice in compliance with 3 AAC 26.630 covering the new insurance product or service; or (2) most recent notice given to the customer by the licensee is accurate with respect to the new insurance product or service. (d) A licensee may provide the initial notice under (a)(1) of this section within a reasonable time after the licensee establishes a customer relationship if (1) establishing the customer relationship is not at the customer's election, including when a licensee acquires or is assigned a customer's policy from another financial institution or residual market mechanism and the customer does not have a choice about the acquisition or assignment; or (2) providing the notice not later than when the licensee establishes a customer relationship as required under (a)(1) of this section would substantially delay the customer's transaction and the customer agrees to receive the notice at a later time.
Authorities
21.06.090;21.36.510;01.05.031;21.36.162;44.62.125
Notes
Reference
3 AAC 26.605
3 AAC 26.620
3 AAC 26.625
3 AAC 26.630
3 AAC 26.635
3 AAC 26.640
3 AAC 26.645
3 AAC 26.660
3 AAC 26.665
3 AAC 26.670
3 AAC 26.675
3 AAC 26.715
Authority
AS 21.06.090 AS 21.36.510 Editor's note: In 2010 the revisor of statutes, acting under AS 01.05.031, renumbered former AS 21.36.162 as AS 21.36.510. As of Register 196 (January 2011), the regulations attorney made a conforming technical revision under AS 44.62.125(b)(6), to the authority citation that follows 3 AAC 26.610, so that the citation to former AS 21.36.162 now refers to the renumbered statute, AS 21.36.510.History
Eff. 1/1/2005, Register 172
References
3.26.610