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

Selling Personal Information in Utah

In Utah, 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 as required under Section 5, an opt-out notice as required in Section 8, and given the consumer a reasonable opportunity to opt-out of the disclosure ^[2.4].

However, there are exceptions to the opt-out requirements. The requirements for initial notice to consumers, opt-out, and service providers and joint marketing do not apply when a licensee discloses 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].

Therefore, you cannot skip obtaining consent to sell personal information in Utah. You must provide the consumer with an initial notice and an opt-out notice, and give them a reasonable opportunity to opt-out of the disclosure. However, if the consumer consents to the disclosure, you may disclose their nonpublic personal financial information without providing an opt-out notice.

Source(s):

• [2.1] Other Exceptions to Notice and Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information.
• [2.4] Limitations on Disclosure of Nonpublic Personal Financial Information to Nonaffiliated Third Parties.

Jurisdiction

Utah

• Privacy