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Can I sell personal information without obtaining consent in Wisconsin? What are the requirements?
In Wisconsin, you cannot sell personal information without obtaining consent from the consumer, except under certain circumstances. The requirements for initial notice to consumers, opt-out, and service providers and joint marketing do not apply when a licensee discloses nonpublic personal financial information with the consent or at the direction of the consumer, provided that the consumer has not revoked the consent or direction. Additionally, a licensee may disclose nonpublic personal financial information to comply with federal, state, or local laws, rules, and other applicable legal requirements, or to comply with a properly authorized civil, criminal, or regulatory investigation, or subpoena or summons by federal, state, or local authorities [2.1].
However, it is important to note that the release of personal information to a potential employer without consent of the consumer is allowed in order to ascertain the possibilities of a job placement for the consumer if no consumer identifying information is disclosed. Consumer identifying information may be released to a potential employer only with the informed written consent of the consumer [4.2].
Regarding the disclosure of nonpublic personal financial information, there are limits on re-disclosure and reuse of such information. If a licensee receives nonpublic personal financial information from a nonaffiliated financial institution under an exception, the licensee may use or disclose that information only under certain conditions, such as disclosing the information to the affiliates of the financial institution from which the licensee received the information or disclosing and using the information pursuant to an exception in s. Ins 25.55 or 25.60 in the ordinary course of business to carry out the activity covered by the exception under which the licensee received the information [3.1].
In summary, selling personal information without obtaining consent in Wisconsin is generally not allowed, except under certain circumstances. It is important to comply with federal, state, or local laws, rules, and other applicable legal requirements when disclosing nonpublic personal financial information. Additionally, the release of personal information to a potential employer without consent of the consumer is allowed only under certain conditions [2.1][3.1][4.2].
Source(s):
- [2.1] Other exceptions to notice and opt out requirements for disclosure of nonpublic personal financial information.
- [3.1] Limits on re-disclosure and reuse of nonpublic personal financial information.
- [4.2] Release of records to employers.
Jurisdiction
Wisconsin