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Can I collect personal information from my customers in California in Massachusetts? What are the requirements?

Yes, you can collect personal information from your customers in California and Massachusetts, but you must comply with the relevant state laws and regulations regarding the collection, use, and protection of personal information.

California

In California, the California Consumer Privacy Act (CCPA) regulates the collection, use, and disclosure of personal information of California residents by businesses. Under the CCPA, businesses must provide certain notices to consumers at or before the point of collection of personal information, including the categories of personal information collected and the purposes for which the information will be used [1.1].

Additionally, the Principles of Personal Information Management in California require that personal information should not be collected unless the need for it has been clearly established in advance and that personal information should be appropriate and relevant to the purpose for which it has been collected [1.1].

Massachusetts

In Massachusetts, the Standards for Protecting Personal Information require that every person that owns or licenses personal information about a resident of the Commonwealth shall develop, implement, and maintain a comprehensive information security program that is appropriate to the size, scope, and type of business and the amount of stored data [3.1].

Furthermore, the Written Information Security Program in Massachusetts requires that businesses identify and assess internal and external risks to the security, confidentiality, or integrity of any electronic, paper, or other records containing personal information and evaluate and improve, where necessary, the effectiveness of the current safeguards for minimizing such risks [5.2].

To summarize, if you collect personal information from customers in California and Massachusetts, you must comply with the relevant state laws and regulations regarding the collection, use, and protection of personal information. You must provide certain notices to consumers at or before the point of collection of personal information, and personal information should not be collected unless the need for it has been clearly established in advance and is appropriate and relevant to the purpose for which it has been collected. Additionally, you must develop, implement, and maintain a comprehensive information security program that is appropriate to the size, scope, and type of business and the amount of stored data, and identify and assess internal and external risks to the security, confidentiality, or integrity of any electronic, paper, or other records containing personal information and evaluate and improve, where necessary, the effectiveness of the current safeguards for minimizing such risks. [1.1][3.1][5.2].

Source(s):
Jurisdiction

Massachusetts, California