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Can I use third-party collaboration tools that collect personal information in Tennessee? What are the requirements?
Use of Third-Party Collaboration Tools in Tennessee
If you are using third-party collaboration tools that collect personal information in Tennessee, you must comply with the state’s privacy laws. The Tennessee Department of Financial Institutions has established rules for the collection, use, and disclosure of nonpublic personal information by financial institutions, including licensees [1.1][1.4][1.5].
Under Tennessee law, licensees may disclose nonpublic personal information to third parties under certain exceptions, such as with the consent or at the direction of the consumer, to protect against fraud or unauthorized transactions, or to comply with legal requirements [1.1]. However, licensees must provide notice to consumers about the categories of nonpublic personal information collected and disclosed, the categories of third parties to whom the information is disclosed, and the consumer’s right to opt-out of certain disclosures [1.5].
Exceptions to the opt-out requirements for disclosure of nonpublic personal information for service providers and joint marketing are also available [1.2]. The licensee must provide the initial notice in accordance with Section 0780-1-72-.05 and enter into a contractual agreement with the third party that prohibits the third party from disclosing or using the information other than to carry out the purposes for which the licensee disclosed the information [1.2].
If you are using third-party collaboration tools that collect personal information in Tennessee, you must ensure that you are providing adequate notice to consumers and obtaining any necessary consents. You should also review the privacy policies of the third-party tools to ensure that they are compliant with Tennessee law.
Requirements for Employees or Volunteers
If you are an employer or a provider agency, you must comply with the requirements for employees or volunteers in Tennessee [2.2]. As a condition of employment with a provider agency, any person who applies to work for the agency as an employee, or any volunteer, whose function would include direct contact with or direct responsibility for persons receiving home and community-based services, if so requested by the employing agency, shall agree to the release of all investigative records from any source, including federal, state, and local governments to the hiring organization for the purpose of verifying the accuracy of criminal violation information contained on an application to work for the organization [2.2].
Checking Employment and Personal References
The service provider agency shall check past work and personal references prior to employment of applicants [2.1]. At a minimum, the organization shall communicate directly with the most recent employer and each employer identified by the applicant as having employed the applicant for more than six (6) months in the past five (5) years [2.1]. The organization shall communicate directly with at least two (2) of the personal references identified by the applicant [2.1].
In summary, you can use third-party collaboration tools that collect personal information in Tennessee, but you must comply with the state’s privacy laws, including providing notice to consumers and obtaining any necessary consents. Exceptions to the opt-out requirements for disclosure of nonpublic personal information for service providers and joint marketing are also available. If you are an employer or a provider agency, you must comply with the requirements for employees or volunteers in Tennessee.
Source(s):
- [1.1] OTHER EXCEPTIONS TO NOTICE AND OPT OUT REQUIREMENTS FOR DISCLOSURE OF NONPUBLIC PERSONAL INFORMATION
- [1.2] EXCEPTION TO OPT OUT REQUIREMENTS FOR DISCLOSURE OF NONPUBLIC PERSONAL INFORMATION FOR SERVICE PROVIDERS AND JOINT MARKETING
- [1.4] LIMITS ON REDISCLOSURE AND REUSE OF NONPUBLIC PERSONAL INFORMATION
- [2.1] CHECKING EMPLOYMENT AND PERSONAL REFERENCES
- [2.2] REQUIREMENTS FOR EMPLOYEES OR VOLUNTEERS
- [1.5] INFORMATION TO BE INCLUDED IN PRIVACY NOTICES
Jurisdiction
Tennessee