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Can I skip obtaining consent to disclose personal information for a business purpose in Arkansas? What are the requirements?
Based on the context documents, there are certain exceptions to the requirement of obtaining consent to disclose personal information for a business purpose in Arkansas.
Exceptions to Consent Requirements
The Arkansas Code Annotated § 4-110-106 provides an exemption to the provisions of this chapter for a person or business that is regulated by a state or federal law that provides greater protection to personal information and at least as thorough disclosure requirements for breaches of the security of personal information than that provided by this chapter. Compliance with the state or federal law shall be deemed compliance with this chapter with regard to the subjects covered by this chapter [1.3].
Additionally, the Arkansas Administrative Code 054.00.74-16 provides exceptions to opt-out requirements for disclosure of nonpublic personal financial information. 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. The licensee may also disclose nonpublic personal financial information to comply with federal, state or local laws, rules and other applicable legal requirements, to comply with a properly authorized civil, criminal or regulatory investigation, or subpoena or summons by federal, state or local authorities, or to respond to judicial process or government regulatory authorities having jurisdiction over a licensee for examination, compliance or other purposes as authorized by law [2.1].
Requirements for Exceptions
The requirements for obtaining consent to disclose personal information for a business purpose in Arkansas depend on the specific exception being used. For example, if the exception is based on compliance with a state or federal law, the person or business must comply with the requirements of that law. If the exception is based on consent or direction of the consumer, the person or business must obtain the consumer’s consent or direction and ensure that the consumer has not revoked it [2.1][1.3].
Therefore, while there are exceptions to the requirement of obtaining consent to disclose personal information for a business purpose in Arkansas, the specific requirements for each exception must be met.
Source(s):
- [2.1] Other Exceptions to Notice and Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information
- [1.3] Exemptions.
Jurisdiction
Arkansas