Securities Lawyer's Deskbook                          published by The University of Cincinnati College of Law

Rule 8 -- Revised Privacy Notices

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1. 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 Rule 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.
      
      
2. Examples.
   
   
   1. Except as otherwise permitted by Rule 13, Rule 14, and Rule 15, you must provide a revised notice before you:
      
      
      1. Disclose a new category of nonpublic personal information to any nonaffiliated third party;
         
         
      2. Disclose nonpublic personal information to a new category of nonaffiliated third party; or
         
         
      3. 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.
      
      
3. Delivery. When you are required to deliver a revised privacy notice by this section, you must deliver it according to Rule 9.
   
   

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