§ 5-20.6-7 — § 5-20.6-7. Duty to protect confidential information.

§ 5-20.6-7. Duty to protect confidential information.

(a) Unless otherwise authorized in subsection (b), a licensee may not disclose the confidential information of: (i) A client, in the case of a designated client representative; or (ii) A customer, in the case of a dual facilitator or transaction coordinator; or (iii) Any represented party, in the case of an affiliated licensee who is not appointed a designated client representative, without the client or customer's consent.

(b) A licensee may disclose confidential information that is a matter of general knowledge or a part of a public record or file to which access is authorized, or when necessary to defend the licensee against a claim brought by the client, or is otherwise subject to disclosure by law.

(c) A principal broker shall implement reasonable procedures to protect the confidential information of all clients of designated client representatives and, as required by this chapter, to protect the confidential information of customers of transaction facilitators. A designated client representative shall have no duty to protect confidential information of a party not a client unless the confidential information of the party was previously acquired by the designated client representative as a result of a prior client or transaction facilitator relationship with the party.

Legislative History

P.L. 1989, ch. 141, § 2; P.L. 1990, ch. 425, § 2; P.L. 2007, ch. 344, § 1; P.L. 2007, ch. 403, § 1.