(1) Consent required. A community solar company may not disclose private consumer information to its affiliates, subsidiaries, or any other third party for the purposes of marketing services or product offerings to a customer, project participant, or applicant who does not already subscribe to that service or product without the person's prior written or electronic consent. The community solar company must obtain such consent for each instance of disclosure of the customer, project participant, or applicant's private consumer information.

(2) Documentation of consent. The community solar company must retain documentation of each consent for disclosure of private consumer information, which must include the following information:

(a) Confirmation of consent for the disclosure of private consumer information;

(b) The date of the consent and a list of the affiliates, subsidiaries, or third parties to which the customer, project participant, or applicant authorized disclosure of private consumer information; and

(c) Confirmation that the name, service address, and account number, if applicable, exactly match the community solar company's record for the customer, project participant, or applicant who provided the consent.

(3) Inapplicability. This section does not prevent a community solar company from undertaking any of the following:

(a) Disclosing the essential terms and conditions of special contracts as provided in WAC 480-80-143;

(b) Distributing any marketing information in a project participant's billing package; or

(c) Collecting and releasing information in aggregate form related to services and products that customers, project participants, or applicants obtain or request as long as the aggregated information does not enable any specific customer, project participant, or applicant to be identified.