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

Disclosure of Personal Information for Business Purposes in Texas

In Texas, obtaining consent is generally required for disclosing personal information for a business purpose [1.1]. However, there are exceptions to this requirement.

Exceptions to Disclosure of Personal Information

Certain personal information obtained by a flood control district located in a county with a population of 3.3 million or more in connection with operations related to a declared disaster or flooding is excepted from the requirements of Section 552.021 [2.1].

Personal information obtained by the governor or senate in connection with an applicant for an appointment by the governor is excepted from the requirements of Section 552.021 [2.2].

Information maintained by a governmental body that relates to an employee or officer of the governmental body is excepted from the requirements of Section 552.021 if, under the specific circumstances pertaining to the employee or officer, disclosure of the information would subject the employee or officer to a substantial threat of physical harm [2.4].

Information maintained by a municipality for purposes related to the participation by a minor in a recreational program or activity is excepted from the requirements of Section 552.021 [2.5].

All information prepared or provided by a private investment fund and held by a governmental body that is not listed in Section 552.0225(b) is confidential and excepted from the requirements of Section 552.021 [2.6].

Requirements for Disclosing Personal Information for Business Purposes

If a requestor intends to use personal information obtained from a motor vehicle record for a business purpose, the requestor must provide their name and address and any proof of that information required by the agency. The requestor must also represent that the intent of the requestor is to use personal information in the motor vehicle record only for the purpose of preventing, detecting, or protecting against personal identity theft or other acts of fraud and provide any proof of the requestor’s intent required by the agency [1.1].

Therefore, obtaining consent is generally required for disclosing personal information for a business purpose in Texas, unless an exception applies.

Conclusion

In Texas, obtaining consent is generally required for disclosing personal information for a business purpose. However, there are exceptions to the disclosure of personal information.

Source(s):
Jurisdiction

Texas