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Can I skip obtaining consent to disclose personal information for a business purpose in Colorado? What are the requirements?
Obtaining Consent to Disclose Personal Information for a Business Purpose in Colorado
Based on the context documents provided, you cannot skip obtaining consent to disclose personal information for a business purpose in Colorado. The requirements for obtaining consent to disclose personal information depend on the type of information being disclosed and the purpose of the disclosure.
Nonpublic Personal Health Information
For nonpublic personal health information, a licensee cannot disclose such information without obtaining authorization from the consumer or customer whose information is sought to be disclosed, except for certain insurance functions listed in Section 18 of 3 COCR 702-6 Regulation 6-4-1 [2.3].
Nonpublic Personal Financial Information
For nonpublic personal financial information, a licensee may not disclose any such information to a nonaffiliated third party unless the licensee has provided the consumer with an initial notice, an opt-out notice, and a reasonable opportunity to opt-out of the disclosure. The licensee may only disclose the information if the consumer does not opt-out. The requirements for disclosure of nonpublic personal financial information are listed in Section 12 and Section 13 of 3 COCR 702-6 Regulation 6-4-1 [2.5][2.6].
Exceptions to Notice and Opt-Out Requirements
There are certain exceptions to the notice and opt-out requirements for disclosure of nonpublic personal financial information. These exceptions are listed in Section 17, Section 15, and Section 16 of 3 COCR 702-6 Regulation 6-4-1 [2.1][2.2][2.4]. These exceptions include, but are not limited to, disclosures made with the consent or at the direction of the consumer, disclosures made for licensee and consumer protection, disclosures made to provide information to insurance rate advisory organizations, guaranty funds or agencies, and disclosures made for compliance purposes.
Relationship to Colorado Laws
It is important to note that nothing in the regulation shall preempt or supersede existing Colorado law related to medical records, health or insurance information privacy, as stated in Section 22 of 3 COCR 702-6 Regulation 6-4-1 [2.7].
Privacy Policy for Governmental Entities
Each governmental entity of the state shall create a privacy policy for the purpose of standardizing within such governmental entity the collection, storage, transfer, and use of personally identifiable information by such governmental entity, as stated in CORS 24-72-502 [3.1].
Therefore, you cannot skip obtaining consent to disclose personal information for a business purpose in Colorado. You must follow the requirements for obtaining consent as outlined in the relevant regulations.
Source(s):
- [2.1] Other Exceptions to Notice and Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information
- [2.2] Exception to Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information for Service Providers and Joint Marketing
- [2.3] When Authorization is Required for Disclosure of Nonpublic Personal Health Information
- [2.4] Exceptions to Notice and Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information for Processing and Servicing Transactions
- [2.5] Limits on Disclosure of Nonpublic Personal Financial Information to Nonaffiliated Third Parties
- [2.6] Limits on Redisclosure and Reuse of Nonpublic Personal Financial Information
- [2.7] Relationship to Colorado Laws
- [3.1] Creation of a privacy policy for governmental entities.
Jurisdiction
Colorado