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Can I skip obtaining consent to sell personal information in Florida? What are the requirements?

Selling Personal Information in Florida

In Florida, there are certain exceptions to the notice and 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.
  • For purposes related to the replacement of a group benefit plan, a group health plan, a group welfare plan or a workers’ compensation plan.
  • Pursuant to the provisions of chapter 631, F.S., the Office is required to collect on reinsurance policies, pay claims, transfer policies to other insurers, and engage in similar activities with respect to insurers which are in receivership.

Therefore, in certain circumstances, obtaining consent may not be required to sell personal information in Florida. However, it is important to note that these exceptions are subject to specific requirements and limitations outlined in the context documents [2.1]. It is recommended to consult with a legal professional to ensure compliance with all applicable laws and regulations.

Source(s):
Jurisdiction

Florida