Can I use third-party file sharing tools that collect personal information in California? What are the requirements?

Using Third-Party File Sharing Tools that Collect Personal Information in California

If you are using third-party file sharing tools that collect personal information in California, you must comply with the requirements of the California Civil Code ^{[1.1][2.1][1.2][1.3]}.

Relevant Requirements

• Your collection, use, retention, and/or sharing of a consumer’s personal information shall be reasonably necessary and proportionate to achieve the purpose(s) for which the personal information was collected or processed ^[2.1].
• The purpose(s) for which the personal information was collected or processed shall be consistent with the reasonable expectations of the consumer(s) whose personal information is collected or processed ^[2.1].
• You must provide notice to individuals about the collection of their personal information and the purposes for which it will be used ^[2.1][1.5].
• You must ensure that any disclosure of personal information is done in accordance with the requirements of the California Civil Code ^[1.1][1.2].

Conclusion

If you are using third-party file sharing tools to collect personal information in California, you must ensure that you only collect personal information that is relevant and necessary to accomplish a purpose required or authorized by law. You must also provide notice to individuals about the collection of their personal information and the purposes for which it will be used. Additionally, you must ensure that any disclosure of personal information is done in accordance with the requirements of the California Civil Code.

Source(s):

• [1.1] Section 1798.14 - Agency Requirements
• [2.1] Restrictions on the Collection and Use of Personal Information.
• [1.2] Section 1798.24 - Conditions of Disclosure
• [1.3] Section 1798.1 - General Provisions and Legislative Findings
• [1.5] Section 1798.17 - Agency Requirements

Jurisdiction

California

• Privacy