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

Requirements for Using Third-Party Chat Tools that Collect Personal Information in California and Florida

If you are using third-party chat tools that collect personal information in California and Florida, you must comply with the relevant privacy laws and regulations in both states.

In California, the collection, use, retention, and/or sharing of a consumer’s personal information by a business must be reasonably necessary and proportionate to achieve the purpose(s) for which the personal information was collected or processed [1.1]([1.1]). 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 [1.1]([1.1]). The business must also obtain the consumer’s consent before collecting or processing personal information for any purpose that does not meet the requirements set forth in the law [1.1]([1.1]).

In Florida, the confidentiality of personal financial and health information is protected pursuant to Section 624.23, F.S [2.2]([2.2]). Additionally, the Security Breach Protection Provisions are required for department-approved use of third-party network equipment, services, and software [4.1]([4.1]).

Furthermore, if the third-party chat tool collects nonpublic personal financial information about a consumer, the licensee may not disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party unless the licensee has provided to the consumer an initial notice, an opt-out notice, and given the consumer a reasonable opportunity to opt-out of the disclosure [2.1]([2.1]).

Therefore, if you are using third-party chat tools that collect personal information in California and Florida, you must ensure that you comply with the requirements set forth in the relevant laws and regulations in both states. This includes obtaining the necessary consents from consumers and ensuring that the collection, use, retention, and/or sharing of personal information is reasonably necessary and proportionate to achieve the purpose(s) for which the personal information was collected or processed.

Note that this is not an exhaustive list of requirements, and you should consult with a legal professional to ensure that you are fully compliant with all applicable laws and regulations.

Source(s):
Jurisdiction

Florida, California