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Can I collect third-party data from participants in New York? What are the requirements?

Requirements for Collecting Third-Party Data in New York

If you are collecting third-party data from participants in New York, you must comply with the state’s data privacy and security laws. The New York State Education Department states that personally identifiable information (PII) cannot be sold by a contractor or used for marketing purposes [2]. Additionally, educational agencies that contract with third parties who will receive student PII must enter into contracts with such third parties that include certain conditions outlined in the law, such as the inclusion of a data security and privacy plan, the parents’ bill of rights, and minimum technical security standards to protect the data [2].

Furthermore, if you are the operator of a child-directed app, you must conduct an inquiry into the information collection practices of every third party that can collect information via your app. You need to determine each third party’s information collection practices so that you can make an informed decision as to whether its presence on your app will require you to give parents notice and obtain their consent prior to their collection of personal information [1].

Conclusion

To summarize, if you are collecting third-party data from participants in New York, you must comply with the state’s data privacy and security laws. Specifically, you cannot sell PII or use it for marketing purposes, and you must enter into contracts with third parties that include certain conditions outlined in the law. Additionally, if you are the operator of a child-directed app, you must conduct an inquiry into the information collection practices of every third party that can collect information via your app.

Source(s):
Jurisdiction

New York