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

Using Third-Party Chat Tools that Collect Personal Information in California and Vermont

Based on the provided context documents, the use of third-party chat tools that collect personal information in California and Vermont is subject to different requirements.

California

In California, 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 [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]. 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 subsection (a) [1.1].

Vermont

In Vermont, an operator shall not knowingly engage in targeted advertising on the operator’s site, service, or application or target advertising on any other site, service, or application if the targeting of the advertising is based on any information, including covered information and persistent unique identifiers, that the operator has acquired because of the use of that operator’s site, service, or application for PreK-12 school purposes [2.3]. An operator shall not use information, including a persistent unique identifier, that is created or gathered by the operator’s site, service, or application to amass a profile about a student, except in furtherance of PreK-12 school purposes [2.3]. An operator shall not sell, barter, or rent a student’s information, including covered information [2.3]. An operator shall not disclose covered information, unless the disclosure is made for specific purposes and is proportionate to the identifiable information necessary to accomplish the purpose [2.3].

Brokered Personal Information

In Vermont, a person shall not acquire brokered personal information through fraudulent means. A person shall not acquire or use brokered personal information for the purpose of stalking or harassing another person, committing a fraud, including identity theft, financial fraud, or e-mail fraud, or engaging in unlawful discrimination, including employment discrimination and housing discrimination [2.1].

Limits on Disclosure of Nonpublic Personal Financial Information to Nonaffiliated Third Parties

In Vermont, a licensee may not, directly or through any affiliate, disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party unless the licensee has provided to the consumer an initial notice, an opt-in notice, and the consumer has authorized the disclosure in writing or electronically [4.1].

Permissive Use or Disclosure

An operator may use or disclose covered information of a student under specific circumstances, including if other provisions of federal or State law require the operator to disclose the information and the operator complies with the requirements of federal and State law in protecting and disclosing that information [2.2].

Therefore, the use of third-party chat tools that collect personal information in California and Vermont is subject to different requirements. It is recommended to review the specific requirements for each state and ensure compliance with them.

Source(s):
Jurisdiction

Vermont, California