Section 202 – Use of information collected in initial selection process.

• (1)
  • (a) An employer may not:
    • (i) use information about an applicant obtained through an initial selection process for a purpose other than to determine whether or not the employer will hire the applicant as an employee; or
    • (ii) except as provided in Subsection (2), provide information about an applicant obtained through an initial selection process to a person other than the employer.
  • (b) A use prohibited under this Subsection (1) includes:
    • (i) marketing;
    • (ii) profiling;
    • (iii) reselling of the information; or
    • (iv) a similar use.

• (2) Notwithstanding the other provisions of this section, an employer may provide information:
  • (a) as required by law;
  • (b) to a government entity for the purpose of:
    • (i) determining eligibility for a government service, benefit, or program; or
    • (ii) participating in a government service, benefit, or program;
  • (c) if the applicant applies for another position with the employer; or
  • (d) if the applicant becomes an employee and the information is used for one or more of the following, that is also applied to other employees in a similar position:
    • (i) a performance review; or
    • (ii) a promotion application.

Amended by Chapter 2, 2009 Special Session 1
Amended by Chapter 2, 2009 Special Session 1