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Can I use third-party chat tools that collect personal information in California in Nevada? What are the requirements?
Based on the additional context documents provided, here is your refined response:
Requirements for Third-Party Chat Tools Collecting Personal Information in California and Nevada
If you are using third-party chat tools that collect personal information in California and Nevada, you must comply with the following requirements:
California
Under California law, 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 [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 shall 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]). A business shall not collect categories of personal information other than those disclosed in its Notice at Collection in accordance with the CCPA and section 7012 [1.1]([1.1]). If the business intends to collect additional categories of personal information or intends to use the personal information for additional purposes that are incompatible with the disclosed purpose for which the personal information was collected, the business shall provide a new Notice at Collection [1.1]([1.1]). Each agency shall maintain in its records only personal information which is relevant and necessary to accomplish a purpose of the agency required or authorized by the California Constitution or statute or mandated by the federal government [2.1]([2.1]). An agency shall not disclose any personal information in a manner that would link the information disclosed to the individual to whom it pertains unless the information is disclosed in accordance with the law [2.2]([2.2]).
Nevada
Under Nevada law, a data collector that maintains records which contain personal information of a resident of Nevada shall implement and maintain reasonable security measures to protect those records from unauthorized access, acquisition, destruction, use, modification or disclosure [3.1]([3.1]). A contract for the disclosure of the personal information of a resident of Nevada which is maintained by a data collector must include a provision requiring the person to whom the information is disclosed to implement and maintain reasonable security measures to protect those records from unauthorized access, acquisition, destruction, use, modification or disclosure [3.1]([3.1]).
Conclusion
To summarize, if you are using third-party chat tools that collect personal information in California and Nevada, you must comply with the requirements set forth in the respective laws of each state. In California, you must ensure 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, and 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. In Nevada, you must implement and maintain reasonable security measures to protect personal information from unauthorized access, acquisition, destruction, use, modification or disclosure, and include a provision in contracts for the disclosure of personal information requiring the person to whom the information is disclosed to implement and maintain reasonable security measures.
Source(s):
- [1.1] Restrictions on the Collection and Use of Personal Information.
- [2.1] Section 1798.14 - Agency Requirements
- [2.2] Section 1798.24 - Conditions of Disclosure
- [3.1] Security measures.
Jurisdiction
Nevada, California