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Can I sell personal information without obtaining consent in Alabama? What are the requirements?

Based on the documents provided, you cannot sell personal information without obtaining consent in Alabama, except in certain circumstances. The Alabama Administrative Code (ALAC) Section 482-1-122-11 states that a licensee may not disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party unless the licensee has provided the consumer with an initial notice, an opt-out notice, and a reasonable opportunity to opt-out, and the consumer does not opt-out [2.5]. However, ALAC Section 482-1-122-16 provides exceptions to the notice and opt-out requirements for disclosure of nonpublic personal financial information, including disclosure with the consent or at the direction of the consumer, to protect the confidentiality or security of a licensee’s records, to protect against or prevent fraud or unauthorized transactions, for required institutional risk control or for resolving consumer disputes or inquiries, to persons holding a legal or beneficial interest relating to the consumer, to persons acting in a fiduciary or representative capacity on behalf of the consumer, to provide information to insurance rate advisory organizations, guaranty funds or agencies, agencies that are rating a licensee, persons that are assessing the licensee’s compliance with industry standards, and the licensee’s attorneys, accountants and auditors, to comply with federal, state or local laws, rules and other applicable legal requirements, to comply with a properly authorized civil, criminal or regulatory investigation, or subpoena or summons by federal, state or local authorities, to respond to judicial process or government regulatory authorities having jurisdiction over a licensee for examination, compliance or other purposes as authorized by law, and for purposes related to the replacement of a group benefit plan, a group health plan, a group welfare plan or a workers’ compensation plan [2.1].

To obtain consent for the disclosure of nonpublic personal financial information, the Guidelines For Obtaining Consent (Repealed) [1.1] and Limitations On Section 1033 Consent [4.1] provide guidance on the requirements for obtaining consent. However, since the Guidelines For Obtaining Consent has been repealed, it is unclear what the current requirements are for obtaining consent in Alabama.

In summary, based on the documents provided, you cannot sell personal information without obtaining consent in Alabama, except in certain circumstances. The requirements for obtaining consent are unclear since the Guidelines For Obtaining Consent has been repealed.

Source(s):
Jurisdiction

Alabama