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

Based on the provided context documents, it is not permissible to sell personal information without obtaining consent in North Carolina.

Under NCGS 75-102, telephone solicitors are prohibited from making telephone solicitations to a telephone subscriber’s telephone number if the telephone subscriber previously communicated a desire to receive no further telephone solicitations from the telephone solicitor to that number. Additionally, telephone solicitors must state clearly the identity of the telephone solicitor and identify the individual making the telephone solicitation at the beginning of the telephone solicitation.

Under 10A NCAC 05J .0211, client information included in the client record may be disclosed without the consent of the client to other employees of the agency for the purpose of making referrals, supervision, consultation, or determination of eligibility.

Under NCGS 28A-16-1, a personal representative has the power to sell personal property of the decedent without a court order, but must include in the personal representative’s next account, either annual or final, a record of the receipts and disbursements incident to the transaction.

Furthermore, under NCGS 53B-8, no financial institution or its officer, employee, or agent may disclose a customer’s financial record to a government authority except as provided in this Chapter. This section does not prohibit a financial institution from giving notice of or disclosing a financial record to a government authority, as defined in G.S. 53B-2(4), to the same extent as is authorized with respect to federal government authorities in the Right to Financial Privacy Act § 1103(d), 12 U.S.C. § 3403(d). Nothing in this section shall prohibit a financial institution or its officer, employee or agent from disclosing, or require the disclosure of, the name, address, and existence of an account of any customer to a government authority that makes a written request stating the reason for the request.

Therefore, it is clear that personal information cannot be sold without obtaining consent in North Carolina. [1.2][3.1][3.2][3.3][3.4].

Source(s):
Jurisdiction

North Carolina