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Can I use third-party chat tools that collect personal information in California in Alaska? What are the requirements?

To use third-party chat tools that collect personal information in Alaska, you must comply with the state’s disclosure requirements for telephone services [5.2]. The owner of a place where telephone business from consumers is aggregated, including a hotel, motel, hospital, and pay telephone other than a telephone utility regulated by the Regulatory Commission of Alaska, shall disclose a surcharge added to the cost of local or long-distance telephone service before the service is provided [5.2]. Disclosure may be made by posting the amount of the surcharge on or near the telephone instruments subject to the surcharge or by other reasonable written or oral means [5.2].

Regarding the collection and use of personal information, California’s Civil Code section 1798.100 requires that a business’s collection, use, retention, and/or sharing of a consumer’s personal information shall be reasonably necessary and proportionate to achieve the purpose(s) for which the personal information was collected or processed [2.1]. The purpose(s) for which the personal information was collected or processed shall be consistent with the reasonable expectations of the consumer(s) whose personal information is collected or processed [2.1]. The consumer’s (or consumers’) reasonable expectations concerning the purpose for which their personal information will be collected or processed shall be based on several factors, including the relationship between the consumer(s) and the business, the type, nature, and amount of personal information that the business seeks to collect or process, and the specificity, explicitness, prominence, and clarity of disclosures to the consumer(s) about the purpose for collecting or processing their personal information [2.1].

Therefore, to use third-party chat tools that collect personal information in Alaska, you must comply with the state’s disclosure requirements for telephone services and ensure that the collection and use of personal information is reasonably necessary and proportionate to achieve the purpose(s) for which the personal information was collected or processed, consistent with the reasonable expectations of the consumer(s) whose personal information is collected or processed [2.1][5.2].

Source(s):
Jurisdiction

California, Alaska