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Can I collect personal information from my customers in California in South Dakota? What are the requirements?
Can I collect personal information from my customers in California in South Dakota? What are the requirements?
Based on the provided context documents, it appears that if you collect personal information from customers in California, you may be subject to South Dakota’s privacy laws.
Under SDAR 20:06:45:05, a licensee must provide a clear and conspicuous notice to customers that accurately reflects its privacy policies and practices not less than annually during the continuation of the customer relationship. This notice must be provided at least once in any period of 12 consecutive months during which that relationship exists.
Under SDAR 20:06:45:06, the initial, annual, and revised privacy notices that a licensee provides must include specific items of information, such as the categories of nonpublic personal financial information that the licensee collects and discloses, the categories of affiliates and nonaffiliated third parties to whom the licensee discloses nonpublic personal financial information, and an explanation of the consumer’s right to opt out of the disclosure of nonpublic personal financial information to nonaffiliated third parties.
If you collect nonpublic personal health information, you must obtain written or electronic authorization from the consumer or customer who is the subject of the information, as outlined in SDAR 20:06:45:28.
It is important to note that this information is specific to South Dakota’s privacy laws and may not be applicable to other states or jurisdictions. If you have any further questions or concerns, it is recommended that you consult with a legal professional.
Therefore, if you collect personal information from customers in California while operating in South Dakota, you must provide an annual privacy notice that accurately reflects your privacy policies and practices, and obtain written or electronic authorization for nonpublic personal health information.
Source(s):
- [1.2] Authorization to disclose nonpublic personal health information.
- [1.4] Other exceptions to notice and opt out requirements for disclosure of nonpublic personal financial information.
- [1.5] Exception to opt out requirements for disclosure of nonpublic personal financial information for service providers and joint marketing.
Jurisdiction
South Dakota, California