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Can I use third-party customer service tools that collect personal information in Indiana? What are the requirements?
Yes, you can use third-party customer service tools that collect personal information in Indiana, but you must comply with the state’s laws and regulations regarding the disclosure and use of personal information.
Requirements for Using Third-Party Customer Service Tools in Indiana
If you are using third-party customer service tools that collect personal information in Indiana, you must ensure that you comply with the following laws and regulations:
- IC 9-14-13-7: According to this law, the Indiana Bureau of Motor Vehicles may disclose certain personal information that is not highly restricted personal information if the person requesting the information provides proof of identity and represents that the use of the personal information will be strictly limited to certain purposes. These purposes include use by a government agency, including a court or law enforcement agency, in carrying out its functions, or a person acting on behalf of a government agency in carrying out its functions. It also includes use in connection with matters concerning motor vehicle safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls, or advisories, performance monitoring of motor vehicles, motor vehicle parts, and dealers, motor vehicle market research activities, including survey research, the removal of nonowner records from the original owner records of motor vehicle manufacturers, motor fuel theft under IC 24-4.6-5, and other uses specifically authorized by law that are related to the operation of a motor vehicle or public safety.
- 760 INAC 1-67-9 and 760 INAC 1-67-10: These regulations provide limits on the disclosure and reuse of nonpublic personal financial information by licensees, including insurance companies. These regulations require licensees to provide consumers with an initial notice and opt-out notice before disclosing nonpublic personal financial information to nonaffiliated third parties. Consumers must be given a reasonable opportunity to opt-out of the disclosure, and licensees must comply with the opt-out direction.
- 760 INAC 1-67-12: This regulation provides an exception to the opt-out requirements for disclosure of nonpublic personal financial information for service providers and joint marketing. The exception applies when a licensee provides nonpublic personal financial information to a nonaffiliated third party to perform services for the licensee or functions on the licensee’s behalf, if the licensee provides the initial notice in accordance with section 3 of this rule and enters 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, including use under an exception in section 13 or 14 of this rule in the ordinary course of business to carry out those purposes.
- 760 INAC 1-67-13: This regulation provides exceptions to notice and opt-out requirements for disclosure of nonpublic personal financial information for processing and servicing transactions. The exceptions apply if the licensee discloses nonpublic personal financial information as necessary to effect, administer, or enforce a transaction that a consumer requests or authorizes, or in connection with certain specified purposes.
Conclusion
Therefore, if you are using third-party customer service tools that collect personal information in Indiana, you must ensure that you comply with these laws and regulations. You must provide consumers with an initial notice and opt-out notice before disclosing nonpublic personal financial information to nonaffiliated third parties. You must also ensure that the use of personal information is strictly limited to the purposes authorized by law.
If you need further guidance on how to comply with these laws and regulations, you may want to consult with a legal professional.
Note that this response is based on the assumption that the personal information collected by the third-party customer service tools falls under the categories of personal information covered by the above-mentioned laws and regulations. If the personal information collected is not covered by these laws and regulations, different laws and regulations may apply.
Source(s):
- [1.1] Disclosure of personal information other than highly restricted personal information for certain purposes
- [2.1] Exception to opt out requirements for disclosure of nonpublic personal financial information for service providers and joint marketing
- [2.3] Exceptions to notice and opt out requirements for disclosure of nonpublic personal financial information for processing and servicing transactions
Jurisdiction
Indiana