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

Third-Party Customer Service Tools that Collect Personal Information in Virginia

If you are using third-party customer service tools that collect personal information in Virginia, you must ensure that they comply with Virginia state law.

Requirements for Collection of Personal Information

According to VACV 2.2-3803, any agency maintaining an information system that includes personal information shall collect, maintain, use, and disseminate only that personal information permitted or required by law to be so collected, maintained, used, or disseminated, or necessary to accomplish a proper purpose of the agency. Additionally, agencies are required to establish appropriate safeguards to secure the system from any reasonably foreseeable threat to its security.

Requirements for Sale of Personal Information

VACV 59.1-442 states that merchants must provide notice to purchasers before selling their personal information. If requested by a purchaser not to sell such information, the merchant shall not do so.

Breach Notification Requirements

VACV 18.2-186.6 requires that an individual or entity that owns or licenses computerized data that includes personal information shall disclose any breach of the security of the system following discovery or notification of the breach of the security of the system to the Office of the Attorney General and any affected resident of the Commonwealth without unreasonable delay.

Transmission of Caller Identification Information

If you are making telephone solicitation calls, you must transmit the telephone number and, when available, the name of the telephone solicitor. The number so provided must permit, during regular business hours, any individual to make a request not to receive telephone solicitation calls. (VACV 59.1-513)

Conclusion

In summary, if you are using third-party customer service tools that collect personal information in Virginia, you must ensure that they comply with Virginia state law. This includes requirements for the collection and sale of personal information, as well as breach notification requirements. If you are making telephone solicitation calls, you must also comply with the requirements for the transmission of caller identification information.

Jurisdiction

Virginia

• Privacy