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

Based on the context documents, there are certain circumstances where you can skip obtaining consent to disclose personal information for a business purpose in Wisconsin. The Wisconsin Administrative Code (WIAC) provides exceptions to the opt-out requirements for disclosure of nonpublic personal financial information ^[2.1]. These exceptions include:

• 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 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.
• 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 the licensee must comply with specific requirements for each exception ^[2.1]. Additionally, for disclosure of nonpublic personal health information, an authorization is required from the consumer or customer unless disclosure of the health information is permitted under certain circumstances ^[3.1].

To summarize, there are certain circumstances where you can skip obtaining consent to disclose personal information for a business purpose in Wisconsin. The exceptions include situations where the consumer has given consent, to protect confidentiality or security, to prevent fraud, for risk control or dispute resolution, for legal or beneficial interests, to provide information to certain organizations, to comply with legal requirements, or to respond to legal authorities. However, specific requirements must be met for each exception. For disclosure of nonpublic personal health information, an authorization is required unless certain circumstances apply.

Source(s):

• [2.1] Other exceptions to notice and opt out requirements for disclosure of nonpublic personal financial information.
• [3.1] When authorization required for disclosure of nonpublic personal health information.

Jurisdiction

Wisconsin

• Privacy