Utah State Legislature

            (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