Ask Reggi Your Question Now

Reggi is the free generative AI assistance for regulatory compliance
Ask a Question

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

Third-Party File Sharing Tools and Personal Information Collection in Idaho

If you are using third-party file sharing tools that collect personal information in Idaho, you must comply with the state’s data breach notification law, IDST 28-51-105 [1.1]. This law requires any city, county, state agency, individual, or commercial entity that owns or licenses computerized data that includes personal information about a resident of Idaho to conduct a reasonable and prompt investigation to determine the likelihood that personal information has been or will be misused if a breach of the security of the system occurs. If the investigation determines that the misuse of information about an Idaho resident has occurred or is reasonably likely to occur, the agency, individual, or commercial entity must give notice as soon as possible to the affected Idaho resident. Notice must be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement and consistent with any measures necessary to determine the scope of the breach, to identify the individuals affected, and to restore the reasonable integrity of the computerized data system.

Use and Disclosure of Confidential Information

In addition to complying with the data breach notification law, you must also comply with IDAPA 16.05.01.75 [2.1], which governs the use and disclosure of confidential information in Idaho. This rule states that without consent or authorization, no one may use or disclose health or other confidential information except as provided in Section 100 of the rule. With consent or authorization, confidential information will be used or disclosed only on a need-to-know basis and to the extent minimally necessary for the conduct of the Department’s business and the provision of benefits or services, subject to law and the exceptions listed in these rules. Recipients of information must protect against unauthorized disclosure or use of the information for purposes that are not specified in a consent or an authorization.

Conclusion

If you are using third-party file sharing tools that collect personal information in Idaho, you must comply with the state’s data breach notification law and ensure that appropriate security measures are in place to prevent data breaches. Additionally, you must comply with IDAPA 16.05.01.75, which governs the use and disclosure of confidential information in Idaho.

Source(s):
Jurisdiction

Idaho