34-46-203. Retention of information collected during an initial selection process.
(1) Subject to Subsection (2), with regard to information collected about an applicant
obtained through an initial selection process, an employer shall:
(a) maintain a specific policy regarding the retention, disposition, access, and
confidentiality of the information; and
(b) if an applicant requests to see the policy described in Subsection (1)(a), provide an
opportunity for the applicant to review the policy before being required to provide information as
part of the initial selection process.
(2) Except to the extent required by law, an employer may not retain the information
described in Subsection (1) more than two years after the day on which the applicant provides the
information to the employer, if the employer does not hire the applicant within that two-year
period.
Enacted by Chapter 174, 2009 General Session
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Last revised: Thursday, May 28, 2009