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

Third-Party Collaboration Tools and Personal Information in South Dakota

If you plan to use third-party collaboration tools that collect personal information in South Dakota, you must comply with the state’s privacy laws and regulations.

Authorization to Disclose Nonpublic Personal Health Information

If you plan to disclose nonpublic personal health information, you must obtain written or electronic authorization from the consumer or customer who is the subject of the information. The authorization must include the identity of the consumer or customer, a general description of the types of information to be disclosed, general descriptions of the parties to whom the information will be disclosed and the purpose of the disclosure, and the signature of the consumer or customer or the individual legally empowered to grant authority. The authorization must also specify the length of time for which it is valid, which cannot exceed 24 months, and include notice that the consumer or customer may revoke the authorization at any time ^[2.1].

Conclusion

South Dakota’s laws and regulations do not specifically address the use of third-party collaboration tools that collect personal information. However, if you plan to use such tools and disclose nonpublic personal health information, you must obtain written or electronic authorization from the consumer or customer who is the subject of the information. You should also ensure that you comply with the state’s privacy laws and regulations, including disclosing the types of personal information collected and shared and implementing policies and practices to protect the confidentiality and security of that information.

Source(s):

• [2.1] Authorization to disclose nonpublic personal health information.

Jurisdiction

South Dakota

• Privacy