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

Based on the West Virginia Code, a licensee cannot sell personal information without obtaining consent from the consumer .

In addition, a licensee shall not disclose nonpublic personal health information about a consumer or customer unless an authorization is obtained from the consumer or customer whose nonpublic personal health information is sought to be disclosed ^[1.2].

Furthermore, if a licensee receives nonpublic personal financial information from a nonaffiliated financial institution, the licensee’s disclosure and use of that information is limited ^[1.3]. The licensee may disclose the information to the affiliates of the financial institution from which the licensee received the information, to its affiliates, or pursuant to an exception in sections 13 or 14 of the rule ^[1.3].

Therefore, in West Virginia, a licensee must obtain consent or meet one of the exceptions listed in the code before selling personal information.

Source(s):

• [1.2] When Authorization Required for Disclosure of Nonpublic Personal Health Information.
• [1.3] Limits on Redisclosure and Reuse of Nonpublic Personal Financial Information.

Jurisdiction

West Virginia

• Privacy