§ 7810. Privacy. (a) Except as otherwise permitted or required by law,
no life settlement provider, life settlement broker, or life settlement
intermediary, or any authorized representative thereof, insurer,
information bureau, rating agency or company, or any other person with
actual knowledge of an insured or owner's identity, shall disclose the
identity of the insured or owner, or any information that there is a
reasonable basis to believe could be used to identify the insured or
owner, or the insured's financial or medical information, to any person
unless the disclosure is:

(1) necessary to effect a life settlement contract between the owner
and a life settlement provider and the owner and insured have provided
prior written consent to the disclosure;

(2) necessary to effectuate the sale or transfer of a life settlement
contract or a settled policy, or interest therein, provided that every
sale is conducted in accordance with applicable state and federal law
and provided further that the owner and the insured have both provided
prior written consent to the disclosure;

(3) provided in response to an investigation or examination by the
superintendent, any other governmental officer or agency, or a
self-regulating entity established pursuant to federal securities law;

(4) a term or condition to the transfer of a policy by one licensed
life settlement provider to another licensed life settlement provider,
in which case the receiving life settlement provider shall be required
to comply with the confidentiality requirements of this section;

(5) necessary to allow the life settlement provider or life settlement
broker, or any authorized representative thereof to administer the
insurance policy, or to make contacts for the purpose of determining
health status as authorized by subsection (k) of section seven thousand
eight hundred thirteen of this article. For the purposes of this
article, the term "authorized representative" shall not include any
person who has or may have any financial interest in the life settlement
contract other than a licensed life settlement provider, licensed life
settlement broker, financing entity, related provider trust or special
purpose entity; further, a life settlement provider or life settlement
broker shall require its authorized representative to agree in writing
to adhere to the privacy provisions of this article;

(6) required to purchase insurance; or

(7) otherwise permitted by regulation promulgated by the
superintendent.

(b) Any person who obtains or may obtain a settled policy, or any
interest therein, pursuant to a transfer, sale, conveyance or assignment
of a settled policy, or any interest therein, shall:

(1) comply with the provisions of this chapter and regulations
promulgated thereunder and all other applicable laws, governing the
protection of the identity and privacy of the insured or owner; and

(2) protect against the unlawful release of all information concerning
the identity of any insured or owner, which information would or could
reasonably be expected to be used to identify or contact such insured or
owner, including the name, address (except the state of residence) or
social security number of the insured or the owner, or representative
thereof, the related insurance policy number or the insured's medical
information.

(c) Non-public personal information solicited or obtained in
connection with a proposed or executed life settlement contract shall be
subject to the provisions applicable to financial institutions under the
Gramm Leach Bliley Act, P.L. 106-102 (1999), and all other applicable
laws relating to confidentiality of non-public personal information.

(d) The failure to follow the provisions of this section shall be a
defined violation under article twenty-four of this chapter.