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

Selling Personal Information in Maryland

In Maryland, the disclosure of nonpublic personal information is regulated by the Maryland Code of Regulations (MDCR) Title 31, Subtitle 16, Chapter 08.

Under MDCR 31.16.08.08, a licensee must provide a clear and conspicuous notice to the consumer that accurately reflects its privacy policies and practices regarding the disclosure of nonpublic personal information. The notice must also inform the consumer of their right to opt-out of the disclosure of their nonpublic personal information to nonaffiliated third parties.

Therefore, a licensee must obtain consent from the consumer before selling their personal information to nonaffiliated third parties.

Exemptions

However, there are exemptions to the notice and opt-out requirements for nonpublic personal financial information. For example, under MDCR 31.16.08.04, a licensee is not subject to the notice and opt-out requirements for nonpublic personal financial information if they are an employee, agent, or other representative of another licensee, and the other licensee otherwise complies with the provisions of this chapter.

Relationship to Maryland Laws

It is important to note that this chapter does not preempt or supersede existing State law related to medical records, health information privacy, or insurance information privacy, as stated in MDCR 31.16.08.21.

Therefore, it is recommended that you consult with a legal professional to ensure compliance with all applicable laws and regulations.

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Source(s):
Jurisdiction

Maryland