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

Based on the context documents provided, you cannot sell personal information without obtaining consent in North Dakota. The requirements for obtaining consent are outlined in NDAC Section 45-14-01-11.

Limits on disclosure of nonpublic personal financial information to nonaffiliated third parties.

NDAC Section 45-14-01-11

1. a. Conditions for disclosure. Except as otherwise authorized in this rule, a licensee may not, directly or through any affiliate, disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party unless: (1) The licensee has provided to the consumer an initial notice as required under section 45-14-01-05; (2) The licensee has provided to the consumer a notice as required in section 45-14-01-08; and (3) An authorization is obtained from the consumer whose nonpublic personal information is sought to be disclosed.

Therefore, in order to disclose nonpublic personal financial information to a nonaffiliated third party, a licensee must obtain authorization from the consumer. The authorization must be in written or electronic form separate from that used for any other purpose and must contain specific information about the types of information to be disclosed, the parties to whom the information will be disclosed, and the purpose of the disclosure. The consumer must also be informed of the length of time for which the authorization is valid and the procedure for revoking the authorization.

It is important to note that there are exceptions to the notice and authorization requirements for disclosure of nonpublic personal financial information in certain circumstances, as outlined in NDAC Section 45-14-01-16 and NDAC Section 45-14-01-15. However, these exceptions do not apply to the sale of personal information without consent.

Therefore, in North Dakota, you cannot sell personal information without obtaining consent from the consumer and meeting the requirements outlined in NDAC Section 45-14-01-11.

Jurisdiction

North Dakota

• Privacy