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Current as of January 01, 2025 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - Utah Code Title 34. Labor in General § 34-46-202. Use of information collected in initial selection process - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-34-labor-in-general/ut-code-sect-34-46-202/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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