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

Yes, you can use third-party collaboration tools that collect personal information in California, but you must comply with certain requirements.

Requirements for using third-party collaboration tools that collect personal information in California

  • Ensure that the personal information collected is relevant and necessary to accomplish a purpose required or authorized by the California Constitution or statute or mandated by the federal government [1.1].
  • Protect the confidentiality, integrity, and availability of all electronic personal information you create, receive, maintain, or transmit, and protect against any reasonably anticipated threats or hazards to the security or integrity of such information [2.2].
  • Provide notice to the individual or their legally authorized personal representative, which at a minimum shall contain statements describing the electronic exchange of health information, uses of IHI, benefits and risks associated with disclosing IHI through a HIO or independent directed exchange, consent requirements, specific exceptions to the consent requirements, process for revoking consent, and when the revocation of consent is effective [2.3].
  • If you are participating in a health information exchange privacy and security demonstration project, you must identify barriers to implementing health information exchanges, test potential security and privacy policies for the safe and secure exchange of health information, and identify and address differences between state and federal laws regarding privacy of health information [3.2].
  • Ensure that the personal information collected is used only for permitted purposes, such as treatment, reporting to public health officials, quality reporting for meaningful use, and HIPAA mandated transactions [2.1].
  • Utilize identity management, authentication, and authorization mechanisms to ensure that only authorized users have access to information systems [2.4].

Additional requirements

  • Provide a notice to individuals when collecting personal information from them, which includes the name of the agency and the division within the agency that is requesting the information, the title, business address, and telephone number of the agency official who is responsible for the system of records, the authority which authorizes the maintenance of the information, whether submission of such information is mandatory or voluntary, the consequences of not providing all or any part of the requested information, the principal purpose or purposes within the agency for which the information is to be used, and any known or foreseeable disclosures which may be made of the information pursuant to subdivision (e) or (f) of Section 1798.24 [1.2].
  • Ensure that the use of third-party collaboration tools does not deny or limit any right of privacy arising under Section 1 of Article I of the California Constitution [1.3].

Therefore, to use third-party collaboration tools that collect personal information in California, you must ensure that the personal information collected is relevant and necessary, protect the confidentiality, integrity, and availability of all electronic personal information, provide notice to the individual or their legally authorized personal representative, ensure that the personal information collected is used only for permitted purposes, utilize identity management, authentication, and authorization mechanisms, provide a notice to individuals when collecting personal information from them, and ensure that the use of third-party collaboration tools does not deny or limit any right of privacy arising under Section 1 of Article I of the California Constitution.

Source(s):
Jurisdiction

California