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

Selling Personal Information in Texas

Based on the context documents provided, it is not permissible to skip obtaining consent to sell personal information in Texas.

Texas Transportation Code, Section 730.007

The Texas Transportation Code, Section 730.007, outlines the permitted disclosures of certain personal information, and it specifies that personal information obtained by an agency in connection with a motor vehicle record may only be disclosed to a requestor if the requestor provides their name and address and any proof of that information required by the agency, and represents that the use of the personal information will be strictly limited to certain purposes [3.1].

Moreover, the Consent for Release of Certain Confidential Information, Tex. Gov’t. Section 420.073, requires that consent for the release of confidential information other than evidence contained in an evidence collection kit must be in writing and signed by the survivor, a parent or legal guardian if the survivor is a minor, an attorney ad litem appointed for the survivor, or a personal representative if the survivor is deceased. The written consent must specify the information or records covered by the release, the reason or purpose for the release, the person to whom the information is to be released, and a reasonable time limitation during which the information or records may be released [2.1].

Exceptions to Notice and Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information

The Limits on Redisclosure and Reuse of Nonpublic Personal Financial Information, 28 TXAC 22.15, specifies that if a covered entity receives nonpublic personal financial information from a nonaffiliated financial institution, the covered entity’s disclosure and use of that information is limited [4.3]. However, there are exceptions to the notice and opt-out requirements for disclosure of nonpublic personal financial information. For instance, the opt-out requirements do not apply when a covered entity provides nonpublic personal financial information to a nonaffiliated third party to perform services for the covered entity or functions on the covered entity’s behalf, if the covered entity provides the initial notice in accordance with §22.8 of this title and enters into a contractual agreement with the third party that prohibits the third party from disclosing or using the information other than to carry out the purposes for which the covered entity disclosed the information [4.2].

Deleting Personal Information When Not An Authorized Recipient

Moreover, any recipient of driver record information shall delete from its records any personal information obtained from the department if the requestor becomes aware that it is not an authorized recipient of that information in accordance with Chapter 730 of the Texas Transportation Code [1.2].

Therefore, it is necessary to obtain consent and follow the guidelines outlined in the relevant regulations when selling personal information in Texas.

Source(s):
Jurisdiction

Texas