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Can I use third-party chat tools that collect personal information in California in Arkansas? What are the requirements?
Based on the provided documents, you can use third-party chat tools that collect personal information in California and Arkansas, but you must comply with the restrictions on the collection and use of personal information in California and the requirements for submitting contact information to the Arkansas Crime Information Center.
Requirements for using third-party chat tools that collect personal information in California and Arkansas
To use third-party chat tools that collect personal information in California and Arkansas, you must ensure that the collection, use, retention, and/or sharing of the personal information is reasonably necessary and proportionate to achieve the purpose(s) for which the personal information was collected or processed, and that the purpose(s) for which the personal information was collected or processed is consistent with the reasonable expectations of the consumer(s) whose personal information is collected or processed [4.1]. Additionally, you must obtain the consumer’s consent before collecting or processing personal information for any purpose that does not meet the requirements set forth in subsection (a) [4.1].
If you are a commercial mobile radio service provider or internet service provider in Arkansas, you must submit all contact information to the Arkansas Crime Information Center and update it as changes occur [1.1].
Other relevant requirements
- Disclosure of personal information: An Internet service provider shall disclose personally identifiable information concerning a consumer pursuant to a subpoena, warrant, or court order issued under authority of a law of this state, another state, or the United States Government [2.1].
- Protection of personal information: A person or business that acquires, owns, or licenses personal information about an Arkansas resident shall implement and maintain reasonable security procedures and practices appropriate to the nature of the information to protect the personal information from unauthorized access, destruction, use, modification, or disclosure [3.1].
- Caller identification: Any person who on behalf of any charity, business, or organization calls a residential phone number for the purpose of soliciting or requesting a contribution or to offer goods or services shall immediately disclose to the person contacted the caller’s identity and the identity of the person or organization on whose behalf the telephone call is being made, and the purpose of the telephone call, including a brief description of the goods or services to be offered [5.1].
- Requirements for businesses collecting large amounts of personal information: A business that knows or reasonably should know that it, alone or in combination, buys, receives for the business’s commercial purposes, sells, shares, or otherwise makes available for commercial purposes the personal information of 10,000,000 or more consumers in a calendar year shall compile certain metrics for the previous calendar year and disclose them within their privacy policy or posted on their website and accessible from a link included in their privacy policy [4.2].
In summary, you can use third-party chat tools that collect personal information in California and Arkansas, but you must comply with the restrictions on the collection and use of personal information in California and the requirements for submitting contact information to the Arkansas Crime Information Center. Additionally, you must ensure that the collection, use, retention, and/or sharing of the personal information is reasonably necessary and proportionate to achieve the purpose(s) for which the personal information was collected or processed, and that the purpose(s) for which the personal information was collected or processed is consistent with the reasonable expectations of the consumer(s) whose personal information is collected or processed. Finally, you must obtain the consumer’s consent before collecting or processing personal information for any purpose that does not meet the requirements set forth in subsection (a) [4.1].
Source(s):
- [1.1] Providers to submit contact information to Arkansas Crime Information Center.
- [2.1] Disclosure of personal information.
- [3.1] Protection of personal information.
- [4.1] Restrictions on the Collection and Use of Personal Information.
- [5.1] Caller identification — Information offered — Penalty for violation.
- [4.2] Requirements for Businesses Collecting Large Amounts of Personal Information.
Jurisdiction
California, Arkansas