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

Use of Third-Party Collaboration Tools in North Carolina

Third-party collaboration tools that collect personal information must comply with North Carolina’s regulations regarding the use and access of personal information, including criminal history records.

Research Use and Access of CCH Records

Researchers who wish to use criminal justice information maintained by CIIS must first submit a completed research design that guarantees protection of security and privacy. Authorization to use computerized criminal history records shall be given after the North Carolina CJIS System Officer (CSO) has approved the research design [1.2].

In making a determination to approve the submitted research design, the CSO must ensure that an individual’s right to privacy will not be violated by the research program. The program must be calculated to prevent injury or embarrassment to any individual. The results must outweigh any disadvantages that are created for the North Carolina criminal justice system if the research information is provided. The criminal justice community will benefit from the research and use. The requestor is responsible for cost [1.2].

CCH Use in Licensing and Non-Criminal Justice Employment Purposes

Criminal justice agencies authorized under 12 NCAC 04H .0201 which issue licenses or approve non-criminal justice employment and want to use computerized criminal history information maintained by DCI for licensing, permit, and non-criminal justice employment purposes shall submit to CIIS a written request listing the types of licenses, permits, and employment for which they desire to use computerized criminal history information. Authorization to use computerized criminal history information for licensing, permit, or employment purposes may be given only after the DCI and the North Carolina Attorney General’s Office have evaluated and granted authorization based upon the authority of the North Carolina General Statutes or local ordinance pertaining to the issuance of that particular license or permit for employment [1.3].

Requestor Data Sharing Agreements and Requirements

All requestors shall enter into a data sharing agreement with the contributors that are the custodians of the data that may be needed to generate a requested report. The requestor data sharing agreement shall be separate and distinct from the Memorandum of Understanding between the Contributors and GDAC. The requestor data sharing agreements shall contain limitations on report access to authorized persons, prohibition on the re-identification of persons included in reports, information technology system and data security standards required by the contributor who will be providing data for the report, privacy compliance standards, data breach procedures, terms regarding the disclaimer of liability as applied to contributors pursuant to the doctrine of sovereign immunity and statutory immunity, and data retention and data removal standards [4.1].

Therefore, if a third-party collaboration tool is collecting personal information for research or employment purposes, it must comply with the regulations outlined in [1.2], [1.3], and [4.1]. The tool must obtain authorization from the appropriate authorities and ensure that individuals’ privacy rights are protected. It is recommended to consult with legal experts in North Carolina to ensure compliance with all relevant regulations.

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Source(s):
Jurisdiction

North Carolina