13-37-201. Required notice.

491 words·~2 min read·/ut/title-13/chapter-37/13-37-201

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)In accordance with this section, a commercial entity shall provide the notice described in this section to a person if:

(i)the commercial entity enters into a consumer transaction with that person;

(ii)as a result of the consumer transaction described in this Subsection (1)(a) , the commercial entity obtains nonpublic personal information concerning that person; and

(iii)the commercial entity intends to or wants the ability to disclose the nonpublic personal information:

(A)to a third party; and

(B)for compensation; and

(iv)the compensation described in Subsection (1)(a)(iii)(B) :

(A)is the primary consideration for the commercial entity disclosing the nonpublic personal information;

(B)is directly related to the commercial entity disclosing the nonpublic personal information; and

(C)is not compensation received by the commercial entity in consideration of a transaction described in Subsection

(5).

(b)For purposes of this chapter, a commercial entity is considered to have obtained information as a result of a consumer transaction if:

(i)the person provides the information to the commercial entity:

(A)at any time during the consumer transaction; and

(B)at the request of the commercial entity; or

(A)the commercial entity otherwise obtains the information; and

(B)but for the consumer transaction, the commercial entity would not obtain the information.

(2)The notice required by Subsection

(1)shall be given before the earlier of:

(a)the point at which the person is requested to provide the nonpublic personal information; or

(b)the commercial entity otherwise obtains the nonpublic personal information as a result of the consumer transaction described in Subsection (1)(a) .

(3)The notice required by Subsection

(1):

(a)shall read substantially as follows: "We may choose to disclose nonpublic personal information about you, the consumer, to a third party for compensation.";

(b)may be made:

(i)orally, if the consumer transaction itself is entirely conducted orally; or

(ii)in writing, if the notice is written in dark bold; and

(c)shall be sufficiently conspicuous so that a reasonable person would perceive the notice before providing the nonpublic personal information.

(4)This chapter does not apply to:

(a)a commercial entity that is subject to a federal law or regulation that governs the disclosure of nonpublic information to a third party; or

(b)a covered entity as defined in 45 C.F.R. Parts 160 and 164.

(5)Notwithstanding the other provisions of this section, a commercial entity is not required to provide notice under this section if:

(a)the disclosure of the nonpublic personal information is related to the third party providing to the commercial entity:

(i)services, including business outsource services;

(ii)personal or real property; or

(iii)other thing of value; and

(b)compensation received by the commercial entity as part of the transaction is received by the commercial entity for or in consideration of the transaction described in Subsection (5)(a) .

Enacted by Chapter 97 , 2003 General Session