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

Use of Third-Party Collaboration Tools in Michigan

If you are using third-party collaboration tools that collect personal information in Michigan, you must comply with the state’s laws and regulations regarding the use and disclosure of nonpublic personal financial information and criminal justice information.

Disclosure of Nonpublic Personal Financial Information to Nonaffiliated Third Party [MICL 500.525]

If you are a licensee, you must not disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party unless you have provided the consumer with a clear and conspicuous revised notice that accurately describes your policies and practices, a new opt-out notice, and a reasonable opportunity to opt-out of the disclosure [1.2].

Use or Disclosure of Nonpublic Personal Financial Information by Certain Associations or Facilities [MICL 500.540]

Certain associations and facilities, including the Michigan life and health guaranty association, the property and casualty guaranty association, the Michigan automobile insurance placement facility, the Michigan worker’s compensation placement facility, and the assigned claims facility created under section 3171, must not disclose or use nonpublic personal financial information except as provided in section 537(1)(a) to (e) or section 539(a) to (o) [1.1].

Computerized Database of Program Participants; Limited Access by Michigan Intelligence Operations Center [MICL 780.865]

If you are maintaining a computerized database that contains personal information of program participants, you must limit access to the database by the Michigan intelligence operations center to exigent circumstances and provide a program participant’s information to a law enforcement agency only if the center receives all of the following information from the law enforcement agency requesting the information: the originating agency identifier, a description of the exigent circumstances that require the disclosure of information from the database, the law enforcement agency’s incident report number associated with the exigent circumstances described, and whether the program participant is a suspect in a criminal investigation related to the exigent circumstances described [3.1].

Agency Authorization for CJIS and CJI Access [MIAC R 28.5201]

If you are a criminal justice agency or a nongovernmental agency that is statutorily vested with arrest powers and has the primary function of the administration of criminal justice, you may have access to the Criminal Justice Information System (CJIS) and Criminal Justice Information (CJI) [5.1]. However, you must obtain approval from the Criminal Justice Information Center (CJIC) by completing an application and user agreement, assuming all costs associated with your connection to CJIS, agreeing to pay fees for access or dissemination, and complying with applicable state and federal statutes, rules, policies, and procedures [5.1].

Enhanced Driver License or Enhanced Official State Personal Identification Card [MICL 28.304]

If you are using third-party collaboration tools that collect personal information in Michigan, you must also comply with the requirements for enhanced driver licenses or enhanced official state personal identification cards. These requirements include reasonable security measures to protect against unauthorized disclosure of personal information, and limitations on the use of radio frequency identification technology [2.1].

Conclusion

To use third-party collaboration tools that collect personal information in Michigan, you must comply with the state’s laws and regulations regarding the use and disclosure of nonpublic personal financial information and criminal justice information, as well as the requirements for enhanced driver licenses or enhanced official state personal identification cards. If you are unsure whether your use of such tools complies with these laws and regulations, you should consult with a legal professional.

Source(s):
Jurisdiction

Michigan