Ask Reggi Your Question Now

Reggi is the free generative AI assistance for regulatory compliance
Ask a Question

Can I skip obtaining consent to disclose personal information for a business purpose in Indiana? What are the requirements?

Disclosure of Personal Information for Business Purpose in Indiana

In Indiana, you cannot skip obtaining consent to disclose personal information for a business purpose. The requirements for disclosing personal information depend on the type of information being disclosed and the purpose of the disclosure.

For highly restricted personal information, express written consent of the person to whom the information pertains is required. In the absence of express written consent, the person requesting the information must provide proof of identity and represent that the use of the highly restricted personal information will be strictly limited to at least one of the uses set forth in section 7(1), 7(4), 7(6), and 7(9) of this chapter [1.3].

For other personal information, the bureau may require the requesting person to satisfy certain conditions for the purpose of ascertaining the correct identity of the requesting person, that the use of the disclosed information will be only as authorized, or that the consent of the person who is the subject of the information has been obtained. The conditions may include the making and filing of a written application on a form prescribed by the bureau and containing all information and certification requirements required by the bureau [1.1].

If you are seeking to disclose personal information for a business purpose, you must obtain consent from the person to whom the information pertains. The consent must be made by signing a form prescribed by the state board of accounts and must include the types of information being solicited, the names of individuals, agencies, and township trustee offices that will receive the information, and the expiration date of the permission to disclose information. Information that is declared to be confidential by state or federal statute may not be obtained under the consent form prescribed by this section [2.1].

However, there are certain purposes for which the bureau may disclose certain personal information that is not highly restricted personal information without obtaining consent. These purposes include, but are not limited to, use by a government agency, including a court or law enforcement agency, in carrying out its functions, use in connection with matters concerning motor vehicle or driver safety and theft, use in connection with a civil, a criminal, an administrative, or an arbitration proceeding in a court or government agency or before a self-regulatory body, use in research activities, and use by an insurer, an insurance support organization, or a self-insured entity, or the agents, employees, or contractors of an insurer, an insurance support organization, or a self-insured entity in connection with claims investigation activities, anti-fraud activities, rating, or underwriting [1.2].

It is important to note that any state agency maintaining a personal information system in Indiana must collect, maintain, and use only that personal information as is relevant and necessary to accomplish a statutory purpose of the agency. The agency must also assure that personal information maintained or disseminated from the system is, to the maximum extent possible, accurate, complete, timely, and relevant to the needs of the state agency. The agency must inform any individual requested to disclose personal information whether that disclosure is mandatory or voluntary, by what statutory authority it is solicited, what uses the agency will make of it, what penalties and specific consequences for the individual, which are known to the agency, are likely to result from nondisclosure, whether the information will be treated as a matter of public record or as confidential information, and what rules of confidentiality will govern the information [3.1].

Therefore, based on the context documents, you cannot skip obtaining consent to disclose personal information for a business purpose in Indiana. The requirements for disclosing personal information depend on the type of information being disclosed and the purpose of the disclosure.

Source(s):
Jurisdiction

Indiana