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Terms Used In Utah Code 34-46-202
Applicant: means an individual that provides information to an employer for the purpose of obtaining employment. See Utah Code 34-46-102
Employer: means a person employing 15 or more employees within the state for each working day in each of 20 calendar weeks or more in the current or preceding calendar year. See Utah Code 34-46-102
Initial selection process: means the receipt of information in a record from an applicant that the employer uses to determine whether the applicant will be considered for a second review for the position for which the applicant is applying. See Utah Code 34-46-102
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
(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
