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Can I use third-party customer service tools that collect personal information in Florida? What are the requirements?

Using Third-Party Customer Service Tools in Florida

If you are using third-party customer service tools that collect personal information in Florida, there are certain requirements that you should be aware of.

Disclosure of Nonpublic Personal Financial Information

Licensees in Florida are required to provide an initial notice, opt-out notice, and reasonable opportunity to opt-out before disclosing nonpublic personal financial information about a consumer to a nonaffiliated third party [1.1]. Therefore, if a third-party customer service tool is collecting and disclosing nonpublic personal financial information, it may be necessary for the licensee to provide notice and obtain consent from the consumer before using the tool.

Limits on Redisclosure and Reuse of Nonpublic Personal Financial Information

Florida law also limits the redisclosure and reuse of nonpublic personal financial information [1.2]. If a licensee receives nonpublic personal financial information from a nonaffiliated financial institution under an exception, the licensee’s disclosure and use of that information is limited. The licensee may disclose the information to the affiliates of the financial institution from which the licensee received the information, to its affiliates, or pursuant to an exception in rule 69O-128.015 or 69O-128.016, F.A.C., in the ordinary course of business to carry out the activity covered by the exception under which the licensee received the information. If a licensee receives nonpublic personal financial information from a nonaffiliated financial institution other than under an exception, the licensee may disclose the information only to the affiliates of the financial institution from which the licensee received the information, to its affiliates, or to any other person if the disclosure would be lawful if made directly to that person by the financial institution from which the licensee received the information. If a licensee discloses nonpublic personal financial information to a nonaffiliated third party under an exception, the third party may disclose and use that information only as follows: the third party may disclose the information to the licensee’s affiliates, to its affiliates, or pursuant to an exception in rule 69O-128.015 or 69O-128.016, F.A.C., in the ordinary course of business to carry out the activity covered by the exception under which it received the information. If a licensee discloses nonpublic personal financial information to a nonaffiliated third party other than under an exception, the third party may disclose the information only to the licensee’s affiliates, to its affiliates, or to any other person if the disclosure would be lawful if the licensee made it directly to that person.

Certification Requirements for Service Providers

If you are using a third-party customer service tool that is a Certified Service Provider, there are additional requirements that the provider must meet [3.1]. The provider must enter into a contract with the Department, demonstrate that its system can successfully process certain transactions, provide a performance bond for $2 million, provide support and training to any EFS agents using their system, follow installation procedures as set forth by the Department, maintain all records of electronic fund transfers, inventories, and files of transactions for a period of three fiscal years, maintain all contractual agreements for a period of five fiscal years after completion or termination of the contract, make all records available for inspection or audit at any time during normal business hours by the Department, ensure all EFS agent principals or prospective users have had a criminal history check conducted by the Florida Department of Law Enforcement and maintain lists of authorized users, and transfer all funds collected in connection with the processing of all registration and title transactions and other approved services via Electronic Funds Transfer to the applicable Tax Collector office within two business days of the date the transaction is electronically submitted to the Tax Collector’s office.

In summary, if you are using third-party customer service tools that collect personal information in Florida, you should be aware of the requirements for disclosing nonpublic personal financial information and the certification requirements for service providers.

Source(s):
Jurisdiction

Florida