Subject to Subsection (2), with regard to information collected about an applicant obtained through an initial selection process, an employer shall:
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Terms Used In Utah Code 34-46-203
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)
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.
