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

To disclose nonpublic personal financial information for a business purpose in Pennsylvania, you generally need to obtain consent from the consumer, unless an exception applies. The exceptions to notice and opt-out requirements for disclosure of nonpublic personal financial information are listed in 31 PACO Section 146a.33. The exceptions for processing transactions at the consumer’s request are listed in 31 PACO Section 146a.32.

If you are disclosing nonpublic personal financial information to a nonaffiliated third party, you must meet the conditions listed in 31 PACO Section 146a.21, which include providing the consumer with an initial notice, an opt-out notice, and a reasonable opportunity to opt out.

Please note that these requirements may not apply if you are disclosing nonpublic personal health information, which is governed by a separate set of rules outlined in 31 PACO Section 146b.11.

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 31 PACO Section 146a.31.

In summary, you generally need to obtain consent to disclose nonpublic personal financial information for a business purpose in Pennsylvania, unless an exception applies. The specific requirements for obtaining consent and the exceptions to notice and opt-out requirements are outlined in the relevant sections of the Pennsylvania Code. ^{[2.1][1.2][4.1]}

Source(s):

• [2.1] Use and release of personal information.
• [1.2] Exception to opt out requirements for disclosure of nonpublic personal financial information for service providers and joint marketing.
• [4.1] Authorization required for disclosure of nonpublic personal health information.

Jurisdiction

Pennsylvania

• Privacy