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

Based on the documents provided, there are certain exceptions to obtaining consent to disclose personal information for a business purpose in Louisiana.

For instance, Louisiana Administrative Code Part XIII Chapter 99 Section 9933 outlines exceptions to notice and 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 [1.1].

Similarly, Louisiana Administrative Code Part XIII Chapter 99 Section 9929 provides an exception to opt-out requirements for disclosure of nonpublic personal financial information for service providers and joint marketing. 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 §9911 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 §§9931 or 9933 in the ordinary course of business to carry out those purposes [1.2].

Additionally, Louisiana Administrative Code Part XIII Chapter 99 Section 9931 provides exceptions to notice and opt-out requirements for disclosure of nonpublic personal financial information for processing and servicing transactions. The requirements for initial notice, opt-out, and service providers and joint marketing do not apply if the licensee discloses nonpublic personal financial information as necessary to effect, administer or enforce a transaction that a consumer requests or authorizes [1.3].

However, it is important to note that these exceptions only apply under certain circumstances and obtaining consent or providing notice and opt-out opportunities may still be required in other cases.

Regarding the specific requirements for obtaining consent, Louisiana Administrative Code Title 48, Part I-XXV, Chapter 5, Section 507 outlines that consent to disclosure of medical information must be in writing and must contain certain information such as the name of the patient, the name of the agency which is to make the disclosure, the name or title of the person to whom disclosure is to be made, the purpose or need for disclosure, and the extent or nature of the information to be disclosed [4.1][5.1].

In summary, while there are certain exceptions to obtaining consent to disclose personal information for a business purpose in Louisiana, it is important to review the specific requirements outlined in the relevant administrative codes and statutes to ensure compliance.

Source(s):
Jurisdiction

Louisiana