Use of information

1. a. As used in this section, unless the context otherwise requires, “personally identifiable information” means information about or pertaining to an individual in a record which identifies the individual, and includes information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other information. b. “Personally identifiable information” includes but is not limited to a person’s photograph, social security number, driver’s license number, name, address, and telephone number. 2. A notary public or a remote facilitator shall not sell, offer for sale, use, or transfer to another person personally identifiable information collected in the course of performing a notarial act for any purpose other than as follows: a. As required to perform the notarial act. b. As necessary to effect, administer, enforce, service, or process the transaction for which the personally identifiable information was provided. 3. Subsection 2 does not apply to the transfer of personally identifiable information to another person in any of the following circumstances: a. Upon written consent of the person for the use or release of that person’s personally identifiable information. b. In response to a court order, subpoena, or other legal process compelling disclosure. c. As part of a change in the form of a business entity’s organization or a change in the control of a business entity, including as a result of an acquisition, merger, or consolidation. However, any reorganized or successor business entity shall comply with the same requirements as provided in subsection 2. 4. A person who violates this section is guilty of a simple misdemeanor.