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Can I use customer data for marketing purposes without violating privacy laws in Ohio? What are the requirements?

Using Customer Data for Marketing Purposes in Ohio

To use customer data for marketing purposes in Ohio, you must obtain proper authorization from the customer. Ohio Revised Code Section 1349.19(A)(7)(a) defines “personal information” as “an individual’s name, consisting of the individual’s first name or first initial and last name, in combination with and linked to any one or more of the following data elements, when the data elements are not encrypted, redacted, or altered by any method or technology in such a manner that the data elements are unreadable: (i) Social security number; (ii) Driver’s license number or state identification card number; (iii) Account number or credit or debit card number, in combination with and linked to any required security code, access code, or password that would permit access to an individual’s financial account.” Therefore, to use customer data for marketing purposes, you must obtain proper authorization from the customer to use their personal information.

Ohio Revised Code Section 1349.66(A) requires online marketplaces to require high-volume third-party sellers to provide certain information, including bank account numbers and contact information, to the online marketplace. Ohio Revised Code Section 1349.66(B) prohibits online marketplaces from disclosing personal information without the written or electronic consent of the prospective purchaser or purchaser. For purposes of division (B) of this section, “personal information” means information provided to a portal operator by a prospective purchaser or purchaser that identifies, or can be used to identify, the prospective purchaser or purchaser.

In summary, to use customer data for marketing purposes in Ohio, you must obtain proper authorization from the customer to use their personal information. Online marketplaces are also required to protect personal information and obtain consent before disclosing it.

[2.1]: OHRC Section 1707.056 - Portal operators-oversight, purchase limits, and purchaser privacy. [3.3]: OHRC Section 1349.67 - High-volume seller disclosure requirements. [4.1]: OHRC Section 1347.15 - Access rules for confidential personal information. [3.4]: OHRC Section 1349.66 - High-volume seller notification requirements.

Source(s):
Jurisdiction

Ohio