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

Using Third-Party Customer Service Tools that Collect Personal Information in Kansas

Yes, you can use third-party customer service tools that collect personal information in Kansas, but you must comply with the requirements of the Kansas Health Information Technology Act [1.1]. Additionally, holders of personal information are required to implement and maintain reasonable procedures and practices appropriate to the nature of the information, and exercise reasonable care to protect the personal information from unauthorized access, use, modification, or disclosure [2.2].

Furthermore, if you plan to collect personal identification information when accepting credit cards, you must comply with KSST 50-669a, which prohibits requiring cardholders to write any personal identification information upon the credit card transaction form or otherwise, or provide personal identification information, which the person accepting the credit card writes, causes to be written, or otherwise records upon the credit card transaction form or otherwise, unless it is required by the card issuer to complete the credit card transaction or for a special purpose incidental but related to the individual credit card transaction [2.1].

If you plan to disclose protected health information, you must use the Kansas Department of Health and Environment’s form titled “authorization to disclose protected health information” [3.1].

If you plan to operate and perform testing and other services as a service company in Kansas, you must obtain a service company license from the Secretary of State, pay a license application fee, and attend continuing education seminars on an annual basis as required by rules and regulations adopted by the Secretary [4.1].

If you engage in unlicensed conduct as a bail enforcement agent, you will be subject to the remedies and penalties provided by the Kansas consumer protection act [2.6].

Therefore, to use third-party customer service tools that collect personal information in Kansas, you must comply with the Kansas Health Information Technology Act, implement reasonable procedures and practices to protect the personal information collected, comply with KSST 50-669a when accepting credit cards, use the Kansas Department of Health and Environment’s form when disclosing protected health information, obtain a service company license if you plan to operate and perform testing and other services as a service company in Kansas, and avoid engaging in unlicensed conduct as a bail enforcement agent.

Source(s):
Jurisdiction

Kansas