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

Use of Third-Party Chat Tools in New Mexico and California

If you are using third-party chat tools that collect personal information in New Mexico or California, you must comply with the state’s laws regarding the use and protection of personal identifying information.

Personal Identifying Information

New Mexico law defines personal identifying information as “information that identifies an individual, including the individual’s name, social security number, driver’s license number, account number, credit or debit card number, or any other financial information.”

Security Measures

If you disclose personal identifying information of a New Mexico or California resident pursuant to a contract with a service provider, you must require by contract that the service provider implement and maintain reasonable security procedures and practices appropriate to the nature of the personal identifying information and to protect it from unauthorized access, destruction, use, modification, or disclosure.

If you own or license personal identifying information of a New Mexico or California resident, you must implement and maintain reasonable security procedures and practices appropriate to the nature of the information to protect the personal identifying information from unauthorized access, destruction, use, modification, or disclosure.

Disposal of Personal Identifying Information

In New Mexico, a person that owns or licenses records containing personal identifying information of a New Mexico resident shall arrange for proper disposal of the records when they are no longer reasonably needed for business purposes. “Proper disposal” means shredding, erasing or otherwise modifying the personal identifying information contained in the records to make the personal identifying information unreadable or undecipherable. [1.2]

Exceptions

The notice and authorization requirements for the disclosure of nonpublic personal financial information do not apply when a licensee provides nonpublic personal financial information to a nonaffiliated third party to perform services for the licensee or functions on the licensee’s behalf, if the licensee provides the initial notice in accordance with the law and enters into a contractual agreement with the third party that prohibits the third party from disclosing or using the information other than to carry out the purposes for which the licensee disclosed the information.

Personal Use of the Internet

In New Mexico, personal use of the internet is allowed subject to limitations. Personal use of the internet is prohibited if it materially interferes with the use of IT resources by the state or any political subdivision thereof, such use burdens the state or any political subdivision thereof with additional costs, such use interferes with the user’s employment duties or other obligations to the state or any political subdivision thereof, or such personal use includes any activity that is prohibited under the rule. [4.1][4.2]

Conclusion

In summary, if you are using third-party chat tools that collect personal information in New Mexico or California, you must comply with the state’s laws regarding the use and protection of personal identifying information. You must require by contract that the service provider implement and maintain reasonable security procedures and practices appropriate to the nature of the personal identifying information and to protect it from unauthorized access, destruction, use, modification, or disclosure. Additionally, you must arrange for proper disposal of the records containing personal identifying information when they are no longer reasonably needed for business purposes.

Source(s):
Jurisdiction

California, New Mexico