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

Based on the documents provided, it is generally unlawful to sell personal information without obtaining consent in Virginia. However, there are some exceptions and requirements to consider.

Sale of Purchaser Information

According to [2.1], no merchant, without giving notice to the purchaser, shall sell to any third person information that concerns the purchaser and that is gathered in connection with the sale, rental, or exchange of tangible personal property to the purchaser at the merchant’s place of business. Notice required by this section may be by the posting of a sign or any other reasonable method. If requested by a purchaser not to sell such information, the merchant shall not do so. No merchant shall sell any information gathered solely as the result of any customer payment by personal check, credit card, or where the merchant records the number of the customer’s driver’s license or other document issued under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2 or the comparable law of another jurisdiction. This subsection shall not be construed as authorizing a merchant to sell to a third person any information concerning a purchaser if the sale or dissemination of the information is prohibited pursuant to § 59.1-443.3.

Administration of Systems Including Personal Information

Furthermore, any agency maintaining an information system that includes personal information shall collect, maintain, use, and disseminate only that personal information permitted or required by law to be so collected, maintained, used, or disseminated, or necessary to accomplish a proper purpose of the agency [4.1].

Internet Publication of Personal Information of Certain Public Officials

The Commonwealth shall not publish on the Internet the personal information of any public official if a court has, pursuant to subsection B, ordered that the official’s personal information is prohibited from publication and the official has made a demand in writing to the Commonwealth, accompanied by the order of the court, that the Commonwealth not publish such information [3.2].

Therefore, it is important to safeguard personal information and follow the necessary procedures for release of confidential information. If consent is not obtained before the release of the personal records, the department, agency or provider must make reasonable efforts to provide written notification to the client or legally responsible person within five business days after disclosure [1.3].

In summary, while there are some exceptions, it is generally unlawful to sell personal information without obtaining consent in Virginia. It is important to safeguard personal information and follow the necessary procedures for release of confidential information.

Source(s):
Jurisdiction

Virginia