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.