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

Based on the context documents provided, selling personal information without obtaining consent in Iowa is generally prohibited.

Confidential Records

According to 141 IAAC 3.10, confidential records may be disclosed without the consent of the subject only to the extent allowed by law. The agency may disclose confidential information without consent in certain instances, such as to those officers, employees, or agents of the agency who need the information in the performance of their duties, or to appropriate law enforcement authorities for investigations and possible criminal prosecution, civil court action, or regulatory order. However, these disclosures are limited to specific circumstances and purposes, and selling personal information is not one of them.

Consent to Disclosure

661 IAAC 80.7 states that the subject of a confidential record may consent to agency disclosure to a third party of that portion of the record concerning the subject. However, this consent must be in writing and must identify the particular record or records that may be disclosed, the particular person, or class of persons, to whom the record may be disclosed, and where applicable, the time period during which the record may be disclosed.

Personal Information Protection

IACO 22A.2 prohibits public agencies from releasing, publicizing, or otherwise disclosing personal information in their possession without the express, written permission of every member, supporter, volunteer, and donor of the tax-exempt entity identified in the information and the tax-exempt entity.

Release of official photographs of or personal information about employees

According to 661 IAAC 80.15, an official photograph of or personal information about an employee of the department who is an officer as defined in Iowa Code section 80F.1 shall be released only if either of the following is true: a. The employee has signed a written release giving permission to release the photograph or personal information; or b. A request has been received to release the photograph or personal information pursuant to Iowa Code chapter 22.

Personally identifiable information

According to 11 IAAC 4.14, the department maintains the systems or records that contain personally identifiable and confidential information. These records are collected in accordance with Iowa Code chapters 8A, 19B, 20, 70A, 85, 85A, 85B, 91A, and 509A and are confidential records under Iowa Code section 22.7(11) and other law. The department may use personal identifiers to retrieve information from any of the systems of records that the department maintains that contain personally identifiable information. Electronic or manual data processing may be used to match, to collate, or to compare personally identifiable information in one system with personally identifiable information in another system of records or with personally identifiable information within the same system. However, personally identifiable information in systems of records maintained by the department is retrievable through the use of personal identifiers and may be compared with information from outside the department only when specified by law.

Based on the above, it is clear that selling personal information without obtaining consent is generally prohibited in Iowa. If you have further questions or concerns, it is recommended that you consult with a legal professional.

Jurisdiction

Iowa

• Privacy