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

Use of Third-Party Customer Service Tools in North Dakota

Yes, you can use third-party customer service tools that collect personal information in North Dakota, but you must comply with the state’s privacy laws.

Authorization Requirement

Under NDAC Section 45-14-01-11, a licensee may not disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party unless the licensee has obtained authorization from the consumer. The authorization must be in written or electronic form separate from that used for any other purpose and must contain specific information, including the identity of the consumer, the types of nonpublic personal information to be disclosed, the parties to whom the information will be disclosed, and the length of time for which the authorization is valid. The consumer must also be informed that they may revoke the authorization at any time and the procedure for making a revocation.

Exceptions to Authorization Requirement

NDAC Section 45-14-01-16 provides exceptions to the authorization requirement for disclosure of nonpublic personal financial information. For example, a licensee may disclose nonpublic personal financial information with the consent or at the direction of the consumer, provided that the consumer has not revoked the consent or direction. A licensee may also disclose nonpublic personal financial information to comply with federal, state, or local laws, rules, and other applicable legal requirements.

Limits on Redisclosure and Reuse of Nonpublic Personal Financial Information

NDAC Section 45-14-01-12 limits the redisclosure and reuse of nonpublic personal financial information. 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 section 45-14-01-15 or 45-14-01-16, in the ordinary course of business to carry out the activity covered by the exception under which the licensee received the information.

Personal Information from Department Records

NDCC Section 39-33-02 prohibits the disclosure and use of personal information obtained by the department in connection with a motor vehicle record, except as provided in sections 39-33-03, 39-33-04, and 39-33-05. The department may not knowingly disclose highly restricted personal information about any person without the express consent of the person to whom such information pertains, except as provided in subsections 1, 4, 6, and 9 of section 39-33-05.

Conclusion

In summary, you can use third-party customer service tools that collect personal information in North Dakota, but you must obtain authorization from the consumer and comply with the state’s privacy laws. You should also be aware of the exceptions and limits on redisclosure and reuse of nonpublic personal financial information. Additionally, personal information obtained by the department in connection with a motor vehicle record cannot be disclosed or used without express consent, except as provided in certain sections.

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Source(s):
Jurisdiction

North Dakota