Utah Code § 34-46-202: Use of information collected in initial selection process.

(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.