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Can I use third-party file sharing tools that collect personal information in Indiana? What are the requirements?
Third-Party File Sharing Tools that Collect Personal Information in Indiana
Indiana law requires that any personal information collected, maintained, and used by a state agency must be relevant and necessary to accomplish a statutory purpose of the agency [1.1]. Additionally, a data base owner must implement and maintain reasonable procedures to protect and safeguard from unlawful use or disclosure any personal information of Indiana residents collected or maintained by the data base owner [3.1].
Regarding third-party file sharing tools that collect personal information, Indiana law allows a licensee to disclose nonpublic personal financial information to a nonaffiliated third party to perform services for the licensee or functions on the licensee’s behalf, provided that the licensee provides the initial notice in accordance with section 3 of the rule and enters into a contractual agreement with the third party that prohibits the third party from disclosing or using the information other than to carry out the purposes for which the information was disclosed [4.2][4.3].
Therefore, if you are a licensee and you use third-party file sharing tools that collect personal information, you must provide an initial notice to the consumer and enter into a contractual agreement with the third party that prohibits the third party from disclosing or using the information other than to carry out the purposes for which the information was disclosed.
It is important to note that the documents provided do not specifically address file sharing tools that collect personal information other than nonpublic personal financial information, so it is recommended that you consult with a legal professional to ensure compliance with all relevant laws and regulations.
Source(s):
- [1.1] Personal information system
- [3.1] Duties of a data base owner; exceptions; health records; enforcement powers
- [4.2] Limits on disclosure of nonpublic personal financial information to nonaffiliated third parties
- [4.3] Exception to opt out requirements for disclosure of nonpublic personal financial information for service providers and joint marketing
Jurisdiction
Indiana