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

Using Third-Party Chat Tools Collecting Personal Information in California and South Dakota

Businesses using third-party chat tools that collect personal information in California and South Dakota should ensure that they comply with the relevant laws and regulations in each state.

California Requirements

In California, businesses should comply with the requirements set forth in Civil Code section 1798.100, subdivision (c) [1.1]. The collection, use, retention, and/or sharing of a consumer’s personal information by a business shall be reasonably necessary and proportionate to achieve the purpose(s) for which the personal information was collected or processed, which shall comply with the requirements set forth in Civil Code section 1798.100, subdivision (c) [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].

South Dakota Requirements

In South Dakota, the interception of wire, electronic, or oral communication through the use of any eavesdropping device is prohibited, except as authorized by law [3.2]. Only a judge of a circuit court of the State of South Dakota may grant orders authorizing the interception of wire, electronic, or oral communications [3.1].

There are no specific requirements mentioned in the context documents regarding the use of third-party chat tools that collect personal information in South Dakota. However, businesses using such tools should ensure that they comply with the relevant laws and regulations in the state, including the prohibition on interception of wire, electronic, or oral communication through the use of any eavesdropping device [3.2][3.1].

Conclusion

In summary, businesses using third-party chat tools that collect personal information in California and South Dakota should ensure that they comply with the relevant laws and regulations in each state. Businesses using such tools should 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 that the purpose(s) are consistent with the reasonable expectations of the consumer(s) whose personal information is collected or processed [1.1]. In South Dakota, businesses should also avoid intercepting wire, electronic, or oral communication through the use of any eavesdropping device [3.2][3.1].

Source(s):
Jurisdiction

South Dakota, California