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

Based on the provided context documents, there are several regulations in Tennessee that govern the sharing of personal information. In general, the sharing of personal information is prohibited unless certain conditions are met.

Sharing of Confidential Information

TNCO 56-2-801 allows for the sharing of confidential documents, materials, information, administrative or judicial orders, and other actions with the regulatory officials of any state or federal agency and foreign countries; provided, that the recipients are required, under their respective laws, to maintain such confidentiality. The commissioner may also allow for the sharing of otherwise confidential documents, materials, information, administrative or judicial orders, and other actions with the National Association of Insurance Commissioners (NAIC); provided, that the NAIC demonstrates by written statement its intent to maintain such confidentiality.

Disclosure of Personal Information Prohibited

TNCO 55-25-104 prohibits the disclosure of personal information about any person obtained by the department in connection with a motor vehicle record, except as provided in §§ 55-25-105 — 55-25-107.

Limits on Sharing Account Number Information for Marketing Purposes

TNRR Section 0780-1-72-.13 prohibits a licensee from disclosing, other than to a consumer reporting agency, a policy number or similar form of access number or access code for a consumer’s policy or transaction account to any nonaffiliated third party for use in telemarketing, direct mail marketing or other marketing through electronic mail to the consumer.

Limits on Disclosure of Nonpublic Personal Information to Nonaffiliated Third Parties

TNRR Section 0780-1-72-.11 prohibits a licensee from disclosing any nonpublic personal information about a consumer to a nonaffiliated third party unless certain conditions are met, including providing the consumer with an initial notice and opt-out notice.

Exception to Opt Out Requirements for Disclosure of Nonpublic Personal Information for Service Providers and Joint Marketing

TNRR Section 0780-1-72-.14 provides an exception to the opt-out requirements for disclosure of nonpublic personal information for service providers and joint marketing, provided that the licensee provides the initial notice in accordance with Section 0780-1-72-.05 and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of the information.

Additionally, TNCO 39-14-701 makes it a Class A misdemeanor to possess any tool, machine or implement with intent to use the same, or allow the same to be used, to commit any burglary.

Based on the above regulations, it is important to ensure that any third-party file sharing tools used in Tennessee comply with the applicable regulations. If personal information is being shared, the licensee must provide an initial notice and opt-out notice to the consumer, and must ensure that the third party maintains the confidentiality of the information. If the third-party file sharing tool does not comply with these requirements, it should not be used to share personal information. Additionally, it is illegal to possess any tool, machine or implement with intent to use the same, or allow the same to be used, to commit any burglary ^[2.1].

Source(s):

• [2.1] Possession of burglary tools.

Jurisdiction

Tennessee

• Privacy