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

Based on the context documents, it is not legal to skip obtaining consent to sell personal information in Virginia. The Virginia Administrative Code (VACV) 2.2-3803 states that any agency maintaining an information system that includes personal information shall collect, maintain, use, and disseminate only that personal information permitted or required by law to be so collected, maintained, used, or disseminated, or necessary to accomplish a proper purpose of the agency. Additionally, VACV 2.2-3808 prohibits the collection, disclosure, or display of social security numbers and personal identifying information of donors without their express, written permission.

Furthermore, VACV 2.2-3803 requires that the consent for release of client information must contain the name of the entity supplying the information and the name of the requesting party. The consent must be signed and dated by the client or legally responsible person. The client or legally responsible person may add other information, which may include, but is not limited to, a statement specifying the date, event, or condition upon which the consent expires [1.1].

VACV 59.1-442 prohibits merchants from selling to any third person information that concerns the purchaser and that is gathered in connection with the sale, rental, or exchange of tangible personal property to the purchaser at the merchant’s place of business without giving notice to the purchaser. If requested by a purchaser not to sell such information, the merchant shall not do so. No merchant shall sell any information gathered solely as the result of any customer payment by personal check, credit card, or where the merchant records the number of the customer’s driver’s license or other document issued under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2 or the comparable law of another jurisdiction. This subsection shall not be construed as authorizing a merchant to sell to a third person any information concerning a purchaser if the sale or dissemination of the information is prohibited pursuant to § 59.1-443.3 [2.1].

If one of the conditions in 22VAC40-910-20 D 1a is met and consent is not obtained before the release of the client records, the department, agency or provider must make reasonable efforts to provide written notification to the client or legally responsible person within five business days after disclosure [1.2]. The department, agency or provider shall inform clients in writing that client information shall be confidential pursuant to federal and state laws [1.3].

VACV 59.1-443.3 prohibits merchants from scanning the machine-readable zone of a driver’s license or other document issued by the Department of Motor Vehicles under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2 or the comparable law of another jurisdiction, except for specific purposes. No merchant shall retain any information obtained from a scan of the machine-readable zone of an individual’s driver’s license or other document except as permitted [2.2].

Therefore, it is not legal to skip obtaining consent to sell personal information in Virginia. The consent process must follow the requirements outlined in VACV 2.2-3803, and merchants must comply with the restrictions outlined in VACV 59.1-442 and VACV 59.1-443.3 [1.1][2.1][1.2][1.3][2.2].

Source(s):
Jurisdiction

Virginia