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

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

If you are using third-party customer service tools that collect personal information in Utah, you must implement and maintain reasonable procedures to prevent unlawful use or disclosure of personal information collected or maintained in the regular course of business [4.2]. Additionally, you must obtain express consent from the customer before sharing their Utility Customer Information or Customer Usage Data with third parties, except in certain circumstances outlined in R746-460-3(1) [1.1].

It is important to note that any personally identifiable information an individual provides to a State website shall be used solely by the State, its entities, and third party agents with whom it has contracted to perform a state function on its behalf, unless superseded by a federal statute, federal regulation, or State statute [2.1][3.1].

If you become aware of a breach of system security, you must conduct in good faith a reasonable and prompt investigation to determine the likelihood that personal information has been or will be misused for identity theft or fraud purposes. If an investigation reveals that the misuse of personal information for identity theft or fraud purposes has occurred, or is reasonably likely to occur, you must provide notification to each affected Utah resident [4.1].

It is recommended that you consult with a legal professional to ensure compliance with all relevant laws and regulations.

Licensing Requirements

To act as a third party administrator in Utah, you must satisfy the character requirements under Section 31A-25-204, satisfy the financial responsibility requirement under Section 31A-25-205, and pay the applicable fees under Section 31A-3-103 [5.1]. The department may also require a criminal background check as a condition of receiving a license or consent [5.1].

If you are a nonresident license applicant, you may be eligible for a nonresident third party administrator license if you have a valid license from your home state or designated home state and meet certain conditions outlined in UTCO 31A-25-206 [5.2].

To apply for access to the ValIDate system, you must meet the qualifications stated in Subsection 53-3-109(1)(b)(iii), submit a “User Agreement for the ValIDate System” to the Division, and submit documentation to the division that establishes you are a depository institution as defined in Section 7-1-103 [6.2].

Conclusion

In summary, if you are using third-party customer service tools that collect personal information in Utah, you must implement and maintain reasonable procedures to prevent unlawful use or disclosure of personal information collected or maintained in the regular course of business, obtain express consent from the customer before sharing their Utility Customer Information or Customer Usage Data with third parties, and comply with all relevant licensing requirements. It is recommended that you consult with a legal professional to ensure compliance with all relevant laws and regulations.

Note that this response is based on the documents provided and may not cover all the requirements for using third-party customer service tools that collect personal information in Utah.

Source(s):
Jurisdiction

Utah