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Can I use third-party collaboration tools that collect personal information in New York? What are the requirements?
Use of Third-Party Collaboration Tools in New York
If you are planning to use third-party collaboration tools that collect personal information in New York, you must comply with the provisions of the Personal Privacy Protection Law and the regulations in this Part.
According to 9 NYCRR 6402.2 and 21 NYCRR 9001.2, the administrative officer or the Director of Human Resources, respectively, is designated as the privacy compliance officer responsible for ensuring compliance with the Personal Privacy Protection Law and coordinating the response to requests for records or amendment of records.
Requests for access to, correction, or amendment of records shall be made in writing and filed with or referred to the personal privacy compliance officer, as stated in 5 NYCRR 2.7 and 17 NYCRR 2.7. The request should reasonably describe the record sought, and the data subject should supply identifying information to assist in locating the records sought.
If you collect personal information, you must ensure that the records are accurate, relevant, timely, and complete, as stated in 9 NYCRR 6402.1. You must also maintain in your records only such personal information that is relevant and necessary to accomplish a purpose required by statute or executive order or to implement a program specifically authorized by law.
If you receive a request for personal information, you must provide access to the record or personal information, deny access in writing explaining the reasons therefor, or acknowledge the receipt of the request in writing, stating the approximate date when the request will be granted or denied, as stated in 21 NYCRR 505.7.
If you plan to disclose personal information, you must ensure that the disclosure is relevant to the purposes for which it was collected and necessary to the statutory duties of the department or necessary to the department for its operation of a program specifically authorized by law, as stated in 5 NYCRR 2.2.
If you maintain records containing personal information, you must make them available for public inspection and copying at the designated location, as stated in 21 NYCRR 505.5.
If you fail to comply with the instructions and requirements of the Department of Taxation and Finance with respect to filing information returns on magnetic media, you may be subject to penalties and/or additions to tax, as stated in 20 NYCRR 158.10.
In summary, if you plan to use third-party collaboration tools that collect personal information in New York, you must comply with the Personal Privacy Protection Law and the regulations in this Part. You must designate a privacy compliance officer, handle requests for records appropriately, maintain accurate and relevant records, and ensure that any disclosure of personal information is necessary and relevant to the purposes for which it was collected.
Jurisdiction
New York