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

Third-Party Customer Service Tools and Personal Information Collection in Maryland

If you are using third-party customer service tools that collect personal information in Maryland, you must comply with the Maryland Code of Regulations (MDCR) related to the disclosure of nonpublic personal financial information and customer information privacy policies.

Disclosure of Nonpublic Personal Financial Information

According to MDCR 31.16.08.11, a licensee may not disclose nonpublic personal financial information about a consumer to a nonaffiliated third party unless the licensee has provided the consumer with an initial notice, an opt-out notice, and a reasonable opportunity to opt-out of the disclosure. The licensee must comply with this regulation regardless of whether the licensee and the consumer have established a customer relationship.

Customer Information Privacy Policies

MDCR 20.53.07.02 and MDCR 20.59.07.02 state that a supplier may not disclose a customer’s billing, payment, or credit information without the customer’s consent, except for the sole purpose of facilitating billing, bill collection, or credit reporting. A supplier must provide a customer with a copy of the supplier’s customer information privacy policy.

Conclusion

If you are using third-party customer service tools that collect personal information in Maryland, you must comply with the regulations related to the disclosure of nonpublic personal financial information and customer information privacy policies. You may not disclose nonpublic personal financial information without providing the consumer with an initial notice, an opt-out notice, and a reasonable opportunity to opt-out of the disclosure. Additionally, you must provide customers with a copy of your customer information privacy policy.

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Source(s):

• [2.1] Limits on Disclosure of Nonpublic Personal Financial Information to Nonaffiliated Third Parties.
• [3.1] Disclosure of Customer Information.
• [4.1] Disclosure of Customer Information.

Jurisdiction

Maryland

• Privacy