(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.
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