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

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

Based on the context documents provided, there are requirements for using third-party file sharing tools that collect personal information in Utah.

Protection of Personal Information [2.1]

Any person who conducts business in the state and maintains personal information shall implement and maintain reasonable procedures to prevent unlawful use or disclosure of personal information collected or maintained in the regular course of business. Additionally, records containing personal information that are not to be retained by the person shall be destroyed by shredding, erasing, or otherwise modifying the personal information to make the information indecipherable.

Limits on Sharing Account Number Information for Marketing Purposes [3.2]

A licensee shall not disclose, 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. However, there are exceptions to this rule, such as disclosing the information to the licensee’s service provider solely to perform marketing for the licensee’s own products or services, or to a participant in an affinity or similar program where the participants in the program are identified to the customer when the customer enters into the program.

Limitations on Disclosure of Nonpublic Personal Financial Information to Nonaffiliated Third Parties [3.4]

A licensee may not disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party unless the licensee has provided the consumer with an initial notice and an opt-out notice, and the consumer does not opt out. A licensee provides a consumer with a reasonable opportunity to opt out if the licensee mails the notices required to the consumer and allows the consumer to opt out by mailing a form, calling a toll-free telephone number, or any other reasonable means within 30 days from the date the licensee mailed the notices.

Exception to Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information for Service Providers and Joint Marketing [3.3]

The opt-out requirements do not apply when a licensee provides nonpublic personal financial information to a nonaffiliated third party to perform services for the licensee or functions on the licensee’s behalf, if the licensee provides the initial notice 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 licensee disclosed the information.

Recommendation

Based on the above context documents, it is recommended that individuals and organizations using third-party file sharing tools that collect personal information take appropriate measures to ensure the security and privacy of the information being shared. This includes implementing and maintaining reasonable procedures to prevent unlawful use or disclosure of personal information, and providing consumers with an initial notice and an opt-out notice before disclosing nonpublic personal financial information to nonaffiliated third parties.

In summary, while there are requirements for using third-party file sharing tools that collect personal information in Utah, it is important to take appropriate measures to ensure the security and privacy of the information being shared.

Source(s):
Jurisdiction

Utah