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

To use third-party chat tools that collect personal information in California, you must comply with the requirements of the California Consumer Privacy Act (CCPA) [1.1][1.2][1.6]. The CCPA requires that businesses that collect personal information from California residents provide certain notices and disclosures to those residents, including a privacy policy that describes the categories of personal information collected, the purposes for which the information is used, and the categories of third parties with whom the information is shared [1.1]. Additionally, businesses must provide California residents with the right to request access to and deletion of their personal information, as well as the right to opt-out of the sale of their personal information [1.1][1.2].

According to the California Code of Regulations, the 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, the source of the personal information and the business’s method for collecting or processing it, the specificity, explicitness, prominence, and clarity of disclosures to the consumer(s) about the purpose for collecting or processing their personal information, and the degree to which the involvement of service providers, contractors, third parties, or other entities in the collecting or processing of personal information is apparent to the consumer(s) [2.1].

Therefore, if you are using third-party chat tools to collect personal information in California, you should ensure that you have a CCPA-compliant privacy policy in place, provide California residents with the appropriate notices and disclosures, and only collect and disclose personal information in accordance with the CCPA’s requirements. Additionally, you should ensure that the collection, use, retention, and/or sharing of a consumer’s 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 [2.1].

In summary, to use third-party chat tools that collect personal information in California, you must comply with the CCPA’s requirements and ensure that the collection, use, retention, and/or sharing of a consumer’s 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.

Source(s):
Jurisdiction

California