Fundamentals of Real Estate - Privacy & Personal Information Flashcards

Flashcards covering privacy and personal information in real estate.

Express consent

Consent where an individual explicitly agrees to a stated purpose, either verbally or in writing. Written consent is preferred for proof and can be electronic.

When to seek express consent

When the information is likely to be considered sensitive, to minimize misunderstandings and complaints.

Implied consent

Consent inferred when an individual voluntarily provides information for a purpose, such as entering name and credit card info to make an online purchase.

When is implied consent appropriate?

When the use of information is obvious and less sensitive. Organizations cannot collect more than necessary based on implied consent.

Opt-out consent

Consent where an individual must take action to deny permission. Common in marketing, such as unchecking a pre-selected box on a form.

Organizations' responsibilities with opt-out consent

They must inform individuals of the purpose and provide reasonable time to decline.

Legacy information

Personal info collected before privacy legislation came into effect, considered collected with consent but limited to its original purpose unless new consent is given.

Can legacy information still be used?

Yes, but only for its original purpose unless additional consent is obtained for new use.

Circumstances for collecting personal info without consent

When in the individual's best interest and consent is not timely, required by law, for debt collection, legal proceedings, or if info is public or over 20/100 years old.