Fundamentals of Real Estate - Privacy & Personal Information

Flashcards on Privacy and Personal Information

Express Consent

Consent where an individual explicitly agrees to a stated purpose, either verbally or in writing; written consent is preferred for proof.

When to seek express consent

Seek express consent when information is sensitive to minimize misunderstandings and complaints.

Implied Consent

Consent inferred when an individual voluntarily provides information for a purpose.

When Implied Consent is Appropriate

Implied consent is appropriate when information use is obvious and less sensitive; organizations must collect no more than necessary.

Opt-Out Consent

Consent where an individual must take action to deny permission.

Organization obligations for Opt-Out Consent

Organizations must inform individuals of the purpose and provide reasonable time to decline opt-out consent.

Legacy Information

Personal information collected before privacy legislation, considered collected with consent but limited to the original purpose unless new consent is given.

Usage of Legacy Information

Legacy information use is limited to its original purpose unless additional consent is obtained for new use.

Circumstances for collecting information without consent

Organizations can collect 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.