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Can I skip obtaining consent to sell personal information in Louisiana? What are the requirements?
Based on the additional documents provided, there are certain exceptions to the notice and opt-out requirements for disclosing nonpublic personal financial information in Louisiana. These exceptions include:
- Disclosing nonpublic personal financial information with the consent or at the direction of the consumer, provided that the consumer has not revoked the consent or direction [2.1].
- Disclosing nonpublic personal financial information as necessary to effect, administer or enforce a transaction that a consumer requests or authorizes [2.2].
- Disclosing nonpublic personal financial information to comply with federal, state or local laws, rules and other applicable legal requirements [2.1].
However, the Louisiana Administrative Code Part XIII Chapter 99 Section 9923 still requires that a licensee may not disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party unless the licensee has provided the consumer with an initial notice, an opt-out notice, and a reasonable opportunity to opt-out of the disclosure, and the consumer does not opt-out [2.4].
Therefore, obtaining consent is not always required in Louisiana for selling personal information, but it is still necessary to provide the consumer with an initial notice and an opt-out notice.
Source(s):
- [2.1] Other Exceptions to Notice and Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information
- [2.2] Exceptions to Notice and Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information for Processing and Servicing Transactions
- [2.4] Limits on Disclosure of Nonpublic Personal Financial Information to Nonaffiliated Third Parties
Jurisdiction
Louisiana