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

Here is your response based on the given context:

In West Virginia, there are certain exceptions to obtaining consent for disclosing personal information for a business purpose. According to WVCS 114-57-14, a licensee may disclose nonpublic personal financial information without obtaining consent in the following circumstances:

• With the consent or at the direction of the consumer, provided that the consumer has not revoked the consent or direction;
• To protect the confidentiality or security of a licensee’s records pertaining to the consumer, service, product or transaction;
• To protect against or prevent actual or potential fraud or unauthorized transactions;
• For required institutional risk control or for resolving consumer disputes or inquiries;
• To persons holding a legal or beneficial interest relating to the consumer;
• To persons acting in a fiduciary or representative capacity on behalf of the consumer;
• To provide information to insurance rate advisory organizations, guaranty funds or agencies, agencies that are rating a licensee, persons that are assessing the licensee’s compliance with industry standards, and the licensee’s attorneys, accountants and auditors;
• To the extent specifically permitted or required under other provisions of law and in accordance with the federal Right to Financial Privacy Act of 1978;
• To law enforcement agencies, self-regulatory organizations or for an investigation on a matter related to public safety;
• To a consumer reporting agency in accordance with the federal Fair Credit Reporting Act;
• From a consumer report reported by a consumer reporting agency;
• In connection with a proposed or actual sale, merger, transfer or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal financial information concerns solely consumers of the business or unit;
• 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, it is important to note that a licensee must still provide an initial notice to the consumer as required under section 3 and an opt-out notice as required in section 6 before disclosing any nonpublic personal financial information to a nonaffiliated third party [WVCS 114-57-9].

If you are not a licensee or if the above exceptions do not apply to your situation, you may need to obtain consent before disclosing personal information for a business purpose.

For nonpublic personal health information, a licensee shall not disclose such information unless an authorization is obtained from the consumer or customer whose nonpublic personal health information is sought to be disclosed [WVCS 114-57-15]. However, there are exceptions to this requirement for certain insurance functions, as specified in the same section.

For educational records, an educational agency or institution shall obtain written consent of the parent of a student or the eligible student before disclosing personally identifiable information from the education records of a student, other than directory information, except as provided in section 18 [WVCS 126-094-17].

For nonpublic personal financial information, there are limits on the redisclosure and reuse of such information [WVCS 114-57-10].

For other types of information, such as tax information, certain entities may exchange information pursuant to a written agreement specifying the type and manner of information to be exchanged and containing appropriate provisions for safeguarding any confidential tax information received pursuant to the agreement [WVCS 110-50C-3].

I hope this helps!

Jurisdiction

West Virginia

• Privacy