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Can I use third-party cloud storage services that collect personal information in Wyoming? What are the requirements?
Use of Third-Party Cloud Storage Services in Wyoming
There are no specific regulations in Wyoming that prohibit the use of third-party cloud storage services that collect personal information. However, there are several requirements that must be met to ensure the protection of personal information.
Registration of Third Party Administrators [2.1]
No person shall act as a third party administrator in Wyoming without a certificate of registration issued by the commissioner. The commissioner shall promulgate reasonable rules and regulations necessary to implement this chapter.
Trespass to Unlawfully Collect Resource Data [3.1]
A person commits a civil trespass to unlawfully collect resource data from private land if they enter onto private land for the purpose of collecting resource data and do not have an ownership interest in the real property or statutory, contractual, or other legal authorization to enter the private land to collect the specified resource data, or written or verbal permission of the owner, lessee, or agent of the owner to enter the private land to collect the specified resource data. A person who trespasses to unlawfully collect resource data, a person who unlawfully collects resource data, or a person who trespasses to access adjacent or proximate land under this section shall be liable in a civil action by the owner or lessee of the land for all consequential and economic damages proximately caused by the trespass.
Use of Data [5.1]
Participants and authorized users may only use the Health Information Exchange and data for treatment, payment, and healthcare operations, as defined by HIPAA, or for any other use that is permitted or required under HIPAA, the WYFI Policy and Procedure Manual, or other applicable law governing the use and disclosure of data.
Collection and Exchange of Data [5.2]
All data will be stored in a secure hosting facility provided by the WYFI contractor, with access regulated and controlled in accordance with state and federal laws, including HIPAA and HITECH. The Health Information Exchange will include data from participants contributing data unless a patient has opted out. All data used, stored, transmitted, or exchanged by the Health Information Exchange under this Chapter is not subject to disclosure under the Wyoming Public Records Act.
Therefore, if the third-party cloud storage service collects personal information, the licensee must comply with the relevant regulations to ensure the protection of personal information.
Source(s):
- [2.1] Registration of third party administrators; rulemaking authority
- [3.1] Trespass to unlawfully collect resource data; unlawful collection of resource data
- [5.1] Use of Data.
- [5.2] Collection and Exchange of Data.
Jurisdiction
Wyoming