Utah § 34-46-202 Use of information collected in initial selection process.

Utah Statutes

§ 34-46-202 — Use of information collected in initial selection process.

Utah § 34-46-202

Title 34Labor in General

Ch. 34-46Employment Selection Procedures Act

Part 34-46-2Requirements Related to Information

This text of Utah § 34-46-202 (Use of information collected in initial selection process.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 34-46-202 (2026).

Text

(1)(1)(a) An employer may not:

(1)(a)(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

(1)(a)(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.

(1)(b) A use prohibited under this Subsection (1) includes:

(1)(b)(i) marketing;

(1)(b)(ii) profiling;

(1)(b)(iii) reselling of the information; or

(1)(b)(iv) a similar use.

(2)Notwithstanding the other provisions of this section, an employer may provide information:

(2)(a) as required by law;

(2)(b) to a government entity for the purpose of:

(2)(b)(i) determining eligibility for a government

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(1) (1)(a) An employer may not:
(1)(a)(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
(1)(a)(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.
(1)(b) A use prohibited under this Subsection (1) includes:
(1)(b)(i) marketing;
(1)(b)(ii) profiling;
(1)(b)(iii) reselling of the information; or
(1)(b)(iv) a similar use.
(2) Notwithstanding the other provisions of this section, an employer may provide information:

(2)(a) as required by law;
(2)(b) to a government entity for the purpose of:
(2)(b)(i) determining eligibility for a government service, benefit, or program; or
(2)(b)(ii) participating in a government service, benefit, or program;
(2)(c) if the applicant applies for another position with the employer; or
(2)(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:
(2)(d)(i) a performance review; or
(2)(d)(ii) a promotion application.