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

In North Carolina, obtaining consent is required before selling personal information. According to NCGS 53B-8, no financial institution or its officer, employee, or agent may disclose a customer’s financial record to a government authority except as provided in this Chapter. This section does not prohibit a financial institution from giving notice of or disclosing a financial record to a government authority, as defined in G.S. 53B-2(4), to the same extent as is authorized with respect to federal government authorities in the Right to Financial Privacy Act § 1103(d), 12 U.S.C. § 3403(d). Nothing in this section shall prohibit a financial institution or its officer, employee or agent from disclosing, or require the disclosure of, the name, address, and existence of an account of any customer to a government authority that makes a written request stating the reason for the request.

Therefore, it is necessary to obtain consent before selling personal information in North Carolina. The requirements for obtaining consent are outlined in INFORMED CONSENT, 10A NCAC 05J .0207. Prior to obtaining a consent for release of information, the delegated representative shall explain the meaning of informed consent. The client shall be told the following: (1) Contents to be released; (2) That there is a definite need for the information; (3) That the client can give or withhold the consent and the consent is voluntary; (4) That there are statutes and regulations protecting the confidentiality of the information.

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Source(s):

• [1.2] INFORMED CONSENT
• [4.3] Disclosure of financial records.
• [4.4] Disclosure of financial records

Jurisdiction

North Carolina

• Privacy