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·Title 34 Labor in General·Ch. 34-46 Employment Selection Procedures Act·Part 34-46-2 Requirements Related to Information

(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.

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