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Can I sell personal information without obtaining consent in Washington? What are the requirements?
Selling Personal Information in Washington State
In general, selling personal information without obtaining consent is prohibited in Washington State [2.1]. However, there are exceptions to this rule, such as for service providers and joint marketing [2.1].
Requirements for Direct Sellers
If you are a direct seller, you must comply with the requirements outlined in WAC 16-130-040. Direct sellers must maintain all areas of vehicles utilized for food transportation and food handling areas in a sanitary manner. Vehicles and food handling areas must be kept clean and inspected each day by the direct seller. Direct sellers must keep records to document daily cleaning and sanitary inspections of vehicles and food handling areas. Records of daily vehicle inspections must be maintained with the vehicle for the previous thirty days. Food handling area inspection records and vehicle inspection records older than thirty days must be maintained by the direct seller at the direct seller’s business premises for twelve months. Vehicle and package temperature logs must be maintained by the direct seller at the direct seller’s business premises for twelve months [2.1].
Exceptions
There are exceptions to the general rule of obtaining consent before disclosing nonpublic personal information. For example, WAC 284-04-400 provides an exception to opt-out requirements for disclosure of nonpublic personal financial information for service providers and joint marketing. The opt-out requirements in WAC 284-04-215 and 284-04-300 do not apply when a licensee provides nonpublic personal financial information to a nonaffiliated third party to perform services for the licensee or functions on the licensee’s behalf, if the licensee provides the initial notice in accordance with WAC 284-04-200 and enters into a contractual agreement with the third party that prohibits the third party from disclosing or using the information other than to carry out the purposes for which the licensee disclosed the information, including use under an exception in WAC 284-04-405 or 284-04-410 in the ordinary course of business to carry out those purposes [2.1].
Conclusion
In general, selling personal information without obtaining consent is prohibited in Washington State. However, there are exceptions to this rule, such as for service providers and joint marketing. If you are a direct seller, you must comply with the requirements outlined in WAC 16-130-040 [2.1].
Source(s):
Jurisdiction
Washington