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

Selling Personal Information in Tennessee

In Tennessee, a licensee can disclose nonpublic personal information without providing notice and opt-out options in certain situations [2.1]. These exceptions include:

  • With the consent or at the direction of the consumer, provided that the consumer has not revoked the consent or direction.
  • To protect the confidentiality or security of a licensee’s records pertaining to the consumer, service, product, or transaction.
  • To protect against or prevent actual or potential fraud or unauthorized transactions.
  • For required institutional risk control or for resolving consumer disputes or inquiries.
  • To persons holding a legal or beneficial interest relating to the consumer.
  • To persons acting in a fiduciary or representative capacity on behalf of the consumer.
  • To provide information to insurance rate advisory organizations, guaranty funds or agencies, agencies that are rating a licensee, persons that are assessing the licensee’s compliance with industry standards, and the licensee’s attorneys, accountants, and auditors.
  • To comply with federal, state, or local laws, rules, and other applicable legal requirements.
  • To comply with a properly authorized civil, criminal, or regulatory investigation, or subpoena or summons by federal, state, or local authorities.
  • To respond to judicial process or government regulatory authorities having jurisdiction over a licensee for examination, compliance, or other purposes as authorized by law.
  • For purposes related to the replacement of a group benefit plan, a group health plan, a group welfare plan, or a workers’ compensation plan.

However, if a licensee discloses nonpublic personal information for marketing purposes, they must provide notice and opt-out options to the consumer [2.2]. Additionally, if a licensee receives nonpublic personal information from a nonaffiliated financial institution under an exception, their disclosure and use of that information is limited [2.3].

Therefore, if you are planning to sell personal information for marketing purposes, you must provide notice and opt-out options to the consumer. Otherwise, you may be able to disclose nonpublic personal information without providing notice and opt-out options in certain situations.

Source(s):
Jurisdiction

Tennessee