Privacy of Consumer Financial and Health Information

Proposed Rulemaking Filed: January 13, 2023 
Effective Date: June 20, 2023

Purpose. This regulation governs the treatment of nonpublic personal financial information and nonpublic personal health information about individuals by all licensees under part 3 of Title 8 V.S.A. This regulation:  (1) Requires a licensee to provide notice to individuals about its privacy policies and practices;  (2) Describes the conditions under which a licensee may disclose nonpublic personal financial information and nonpublic personal health information about individuals to nonaffiliated third parties; and  (3) Requires licensees to obtain consumer consent prior to disclosing that information, subject to the exceptions in sections 14, 15, 16, and 17 of this regulation and subject to the federal Fair Credit Reporting Act and Vermont Fair Credit Reporting Act.

Rule of Construction: The examples in this regulation and the sample clauses in Appendix A are guidance concerning this regulation’s application in ordinary circumstances but are not exclusive. The facts and circumstances of each individual situation will determine whether compliance with an example or use of a sample clause constitutes compliance with this regulation.