Ask Reggi Your Question Now

Reggi is the free generative AI assistance for regulatory compliance
Ask a Question

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

Using Third-Party Chat Tools that Collect Personal Information in California and Michigan

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

California Requirements

In California, the California Consumer Privacy Act (CCPA) requires businesses to provide a Notice at Collection to consumers at or before the point of collection of their personal information [2.2]. The Notice at Collection must include a list of the categories of personal information to be collected, the purposes for which the personal information is collected or used, and whether that information is sold or shared [2.2]. The business must also provide a link to the Notice of Right to Opt-out of Sale/Sharing and its privacy policy [2.2]. Additionally, the Notice of Right to Limit must be provided to consumers to inform them of their right to limit a business’s use and disclosure of their sensitive personal information [2.1].

Michigan Requirements

In Michigan, the Enhanced Driver License and Enhanced Official State Personal Identification Card Act requires the Secretary of State to ensure that enhanced driver licenses or enhanced official state personal identification cards include reasonable security measures to protect against unauthorized disclosure of personal information [1.1]. The Act also requires the Secretary of State to ensure that radio frequency identification technology is secure from unauthorized data access and includes reasonable security measures to protect against unauthorized disclosure of personal information [1.1]. Additionally, agencies that access Criminal Justice Information System (CJIS) and Criminal Justice Information (CJI) must comply with the rules set forth in the CJIS and CJI Access and Dissemination Rule [3.1].

Conclusion

To summarize, if you are using third-party chat tools that collect personal information in California and Michigan, you must provide a Notice at Collection to consumers in California, ensure that the chat tool complies with the security measures required by the Enhanced Driver License and Enhanced Official State Personal Identification Card Act in Michigan, and comply with the CJIS and CJI Access and Dissemination Rule in Michigan. Additionally, the Notice of Right to Limit must be provided to consumers in California to inform them of their right to limit a business’s use and disclosure of their sensitive personal information.

[1.1]: Cal. Admin. Code tit. 11, § 7014, 11 CA ADC § 7014 [2.1]: Cal. Admin. Code tit. 11, § 7014, 11 CA ADC § 7014 [2.2]: Cal. Civ. Code § 1798.100 et seq. [3.1]: Mich. Admin. Code R 28.5208

Source(s):
Jurisdiction

California, Michigan