§ 5-20.6-7 - Duty to protect confidential information.
SECTION 5-20.6-7
§ 5-20.6-7 Duty to protect confidentialinformation. – (a) Unless otherwise authorized in paragraph (b), a licensee may not disclosethe confidential information of: (i) a client, in the case of a designatedclient representative; or (ii) a customer, in the case of a dual facilitator ortransaction coordinator; or (iii) any represented party, in the case of anaffiliated licensee who is not appointed a designated client representative,without the client or customer's consent.
(b) A licensee may disclose confidential information that isa matter of general knowledge or a part of a public record or file to whichaccess is authorized, or when necessary to defend the licensee against a claimbrought by the client, or is otherwise subject to disclosure by law.
(c) A principal broker shall implement reasonable proceduresto protect the confidential information of all clients of designated clientrepresentatives and, as required by this chapter, to protect the confidentialinformation of customers of transaction facilitators. A designated clientrepresentative shall have no duty to protect confidential information of aparty not a client unless the confidential information of the party waspreviously acquired by the designated client representative as a result of aprior client or transaction facilitator relationship with the party.