Section 3.26.610. Initial privacy notice to consumers.  


Latest version.
  • 	(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


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