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Can I skip obtaining consent to sell personal information in Indiana? What are the requirements?
Based on the documents provided, it appears that obtaining consent is generally required before selling personal information in Indiana. However, there may be exceptions to this requirement depending on the specific circumstances.
Consent Requirements in Indiana
Indiana law requires consent before disclosing personal information in certain situations. For example, IC 12-20-7-1 requires applicants for township assistance to consent to a disclosure and release of information about themselves and their household before assistance may be provided. The consent must be made by signing a form prescribed by the state board of accounts. Information that is declared to be confidential by state or federal statute may not be obtained under the consent form prescribed by this section. [2.1]
Similarly, 460 INAC 14-5-5 requires informed consent before disclosing any information regarding a diagnosis or the treatment of any individual for drug or alcohol abuse, mental illness, or HIV, AIDS, or any other infectious disease. [4.2]
Exceptions to Consent Requirements
There may be exceptions to the consent requirement for disclosing personal information in Indiana. For example, 760 INAC 1-67-14 outlines several situations where the notice and opt-out requirements for disclosing nonpublic personal financial information do not apply. These include situations where the consumer has given consent or direction, where disclosure is necessary to protect the confidentiality or security of a licensee’s records, or where disclosure is required by law. [3.1]
It is important to note that these exceptions apply specifically to the disclosure of nonpublic personal financial information, and may not necessarily apply to other types of personal information.
Conclusion
In general, obtaining consent is required before selling personal information in Indiana. However, there may be exceptions to this requirement depending on the specific circumstances. If you have further questions or concerns about selling personal information in Indiana, it may be helpful to consult with a legal professional.
Source(s):
- [2.1] Consent; form; filing
- [3.1] Other exceptions to notice and opt out requirements for disclosure of nonpublic personal financial information
- [4.2] Disclosures requiring informed consent
Jurisdiction
Indiana