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

Rule 10 -- Limits on Disclosure of Nonpublic Personal Information to Nonaffiliated Third Parties

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   1. Conditions for disclosure. Except as otherwise authorized in this part, you may not, directly or through any affiliate, disclose any nonpublic personal information about a consumer to a nonaffiliated third party unless:
      
      
      1. You have provided to the consumer an initial notice as required under Rule 4;
         
         
      2. You have provided to the consumer an opt out notice as required in Rule 7;
         
         
      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. Opt out definition. Opt out means a direction by the consumer that you not disclose nonpublic personal information about that consumer to a nonaffiliated third party, other than as permitted by Rule 13, Rule 14, and Rule 15.
      
      
   3. Examples of reasonable opportunity to opt out. You provide a consumer with a reasonable opportunity to opt out if:
      
      
      1. By mail. You mail the notices required in paragraph (a)(1) of this section to the consumer and allow the consumer to opt out by mailing a form, calling a toll-free telephone number, or any other reasonable means within 30 days after the date you mailed the notices.
         
         
      2. By electronic means. A customer opens an on-line account with you and agrees to receive the notices required in paragraph (a)(1) of this section electronically, and you allow the customer to opt out by any reasonable means within 30 days after the date that the customer acknowledges receipt of the notices in conjunction with opening the account.
         
         
      3. Isolated transaction with consumer. For an isolated transaction, such as the provision of brokerage services to a consumer as an accommodation, you provide the consumer with a reasonable opportunity to opt out if you provide the notices required in paragraph (a)(1) of this section at the time of the transaction and request that the consumer decide, as a necessary part of the transaction, whether to opt out before completing the transaction.
         
         
2. Application of opt out to all consumers and all nonpublic personal information.
   
   
   1. You must comply with this section, regardless of whether you and the consumer have established a customer relationship.
      
      
   2. Unless you comply with this section, you may not, directly or through any affiliate, disclose any nonpublic personal information about a consumer that you have collected, regardless of whether you collected it before or after receiving the direction to opt out from the consumer.
      
      
3. Partial opt out. You may allow a consumer to select certain nonpublic personal information or certain nonaffiliated third parties with respect to which the consumer wishes to opt out.
   
   

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