Title 34 Chapter 46 Part 2 Section 202

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Index	Utah Code
Title 34	Labor in General
Chapter 46	Employment Selection Procedures Act
Part 2	Requirements Related to Information
Section 202	Use of information collected in initial selection process.

Affected by 63I-1-204 on 7/1/2027

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

(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
Amended by Chapter 2, 2009 Special Session 1

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