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Can I skip obtaining consent to disclose personal information for a business purpose in Idaho? What are the requirements?
Based on the additional context documents provided, here is your refined answer:
In Idaho, consent is generally required to disclose nonpublic personal financial information for a business purpose, except in certain situations listed in IDAPA 18.01.01.452 [3.1]. These exceptions include when the consumer has given consent or direction for the disclosure, to protect against fraud or unauthorized transactions, for prescribed institutional risk control or resolving consumer disputes or inquiries, to persons holding a legal or beneficial interest relating to the consumer, or to persons acting in a fiduciary or representative capacity on behalf of the consumer. Additionally, disclosure is permitted 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.
However, there are some exceptions to the opt-out requirements for disclosure of nonpublic personal financial information for service providers and joint marketing, as outlined in IDAPA 18.01.01.450 [3.2]. The opt-out requirements 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 Section 100 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 Section 451 or 452 in the ordinary course of business to carry out those purposes.
Therefore, in most cases, obtaining consent is required to disclose nonpublic personal financial information for a business purpose in Idaho, but there are some exceptions for service providers and joint marketing.
Source(s):
- [3.1] OTHER EXCEPTIONS TO NOTICE AND OPT OUT REQUIREMENTS FOR DISCLOSURE OF NONPUBLIC PERSONAL FINANCIAL INFORMATION.
- [3.2] EXCEPTION TO OPT OUT REQUIREMENTS FOR DISCLOSURE OF NONPUBLIC PERSONAL FINANCIAL INFORMATION FOR SERVICE PROVIDERS AND JOINT MARKETING.
Jurisdiction
Idaho