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Can I use third-party chat tools that collect personal information in California in Texas? What are the requirements?
Requirements for using third-party chat tools that collect personal information in California and Texas
If you are using third-party chat tools that collect personal information in California and Texas, you must comply with the privacy requirements set forth in the California Business and Professions Code and the Texas Juvenile Justice Department Code.
California Privacy Requirements
Under Section 22576 of the California Business and Professions Code, an operator of a commercial website or online service that collects personally identifiable information through the website or online service from individual consumers who use or visit the commercial website or online service and who reside in California shall be in violation of this section if the operator fails to comply with the provisions of Section 22575 or with the provisions of its posted privacy policy in either of the following ways: (a) Knowingly and willfully. (b) Negligently and materially.
Section 22575 of the California Business and Professions Code requires an operator of a commercial website or online service that collects personally identifiable information through the Internet about individual consumers residing in California who use or visit its commercial website or online service to conspicuously post its privacy policy on its website. The privacy policy must identify the categories of personally identifiable information that the operator collects through the website or online service about individual consumers who use or visit its commercial website or online service and the categories of third-party persons or entities with whom the operator may share that personally identifiable information. The privacy policy must also describe the process by which the operator notifies consumers who use or visit its commercial website or online service of material changes to the operator’s privacy policy for that website or online service.
Texas Privacy Requirements
Under the Texas Juvenile Justice Department Code, the Texas Juvenile Justice Department may own an interception device for a use or purpose authorized by Section 242.103, Human Resources Code. The inspector general of the Texas Juvenile Justice Department, a commissioned officer of that office, or a person acting in the presence and under the direction of the commissioned officer may possess, install, operate, or monitor the interception device as provided by Section 242.103, Human Resources Code.
Additionally, the Texas Department of Criminal Justice may own an interception device for a use or purpose authorized by Section 500.008, Government Code. The inspector general of the Texas Department of Criminal Justice, a commissioned officer of that office, or a person acting in the presence and under the direction of the commissioned officer may possess, install, operate, or monitor the interception device as provided by Section 500.008, Government Code [1.2].
Conclusion
To use third-party chat tools that collect personal information in California and Texas, you must comply with the privacy requirements set forth in the California Business and Professions Code and the Texas Juvenile Justice Department Code. Specifically, you must post a privacy policy that identifies the categories of personally identifiable information that you collect and the categories of third-party persons or entities with whom you may share that personally identifiable information. Additionally, if you are in Texas, you must comply with the Texas Juvenile Justice Department Code and the Texas Department of Criminal Justice Code regarding interception devices.
Source(s):
Jurisdiction
California, Texas