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 New York? What are the requirements?

To use third-party chat tools that collect personal information in California and New York, you must comply with the applicable privacy laws in both states. In California, the California Consumer Privacy Act (CCPA) [1.1] regulates the collection, use, and sharing of personal information of California residents by businesses. The CCPA requires businesses to provide certain notices to consumers, including a Notice at Collection, and obtain consumer consent for certain activities. Additionally, businesses must implement reasonable security measures to protect personal information. In New York, the Stop Hacks and Improve Electronic Data Security (SHIELD) Act [2.1] requires businesses to implement reasonable data security measures to protect the private information of New York residents. The SHIELD Act also requires businesses to provide certain notices to consumers in the event of a data breach.

Under the CCPA [1.1], businesses must ensure that their collection, use, retention, and sharing of personal information is reasonably necessary and proportionate to achieve the purpose for which the personal information was collected or processed. The purpose for which the personal information was collected or processed must be consistent with the reasonable expectations of the consumer whose personal information is collected or processed. Businesses must also obtain consumer consent before collecting or processing personal information for any purpose that does not meet the requirements set forth in the CCPA.

Under the SHIELD Act [2.1], businesses must implement reasonable data security measures to protect the private information of New York residents. The SHIELD Act defines private information as any information concerning a natural person that can be used to identify that person, including social security numbers, driver’s license numbers, financial account numbers, and biometric information.

Therefore, to use third-party chat tools that collect personal information in California and New York, you must comply with the CCPA and the SHIELD Act. This includes providing certain notices to consumers, obtaining consumer consent for certain activities, and implementing reasonable security measures to protect personal information.

Source(s):
Jurisdiction

California, New York