Can I use customer data for marketing purposes without violating privacy laws in North Dakota? What are the requirements?

Based on the North Dakota Century Code, you cannot use customer data for marketing purposes without violating privacy laws in North Dakota.

Prohibition against disclosure except upon written consent - Application of section.

According to NDCC Section 51-22-02, no business entity which charges a fee for data processing services performed may disclose in whole or in part the contents of any record, including the disclosure of information contained in the record through inclusion in any composite of information, which is prepared or maintained by such business entity to any person, other than the individual or business entity which is the subject of the record, without the express written consent of such individual or business entity.

Joint marketing agreements - Consent.

Additionally, NDCC Section 6-08.1-09 states that a financial institution must have a customer’s consent before the financial institution may disclose the customer’s information to a nonaffiliated third party under a joint marketing agreement.

Therefore, you must obtain express written consent from the individual or business entity before disclosing their information for marketing purposes.

Please note that there may be additional requirements and exceptions depending on the specific circumstances.

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Source(s):

• [1.1] Joint marketing agreements - Consent.
• [2.1] Disclosure and use of personal information from department records prohibited.
• [3.1] Prohibition against disclosure except upon written consent - Application of section.
• [1.2] Government access.
• [1.3] Duty of confidentiality.
• [1.4] Consent.
• [2.3] Disclosure with consent.
• [1.5] Rules.
• [2.5] Regulations and waiver procedure.
• [2.6] Additional conditions.
• [2.7] Resale or redisclosure.

Jurisdiction

North Dakota

• General