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

Use of Third-Party File Sharing Tools in Wyoming

Wyoming has several laws and regulations that govern the collection and use of personal information. The Computer Security Breach law [6.1] requires that any individual or commercial entity that conducts business in Wyoming and that owns or licenses computerized data that includes personal identifying information about a resident of Wyoming shall, when it becomes aware of a breach of the security of the system, conduct in good faith a reasonable and prompt investigation to determine the likelihood that personal identifying information has been or will be misused. If the investigation determines that the misuse of personal identifying information about a Wyoming resident has occurred or is reasonably likely to occur, the individual or the commercial entity shall give notice as soon as possible to the affected Wyoming resident.

Furthermore, the Limits on Redisclosure and Reuse of Nonpublic Personal Financial Information law [3.3] limits the disclosure and use of nonpublic personal financial information obtained from nonaffiliated financial institutions. If a licensee receives nonpublic personal financial information from a nonaffiliated financial institution under an exception in Sections 15 or 16 of this regulation, the licensee’s disclosure and use of that information is limited. If a licensee receives nonpublic personal financial information from a nonaffiliated financial institution other than under an exception in Sections 15 or 16 of this regulation, the licensee may disclose the information only to the affiliates of the financial institution from which the licensee received the information, to its affiliates, or to any other person if the disclosure would be lawful if made directly to that person by the financial institution from which the licensee received the information.

Given these laws and regulations, it is important to ensure that any third-party file sharing tools used in Wyoming comply with these requirements. Specifically, any such tools should be evaluated to determine whether they collect personal identifying information or nonpublic personal financial information, and if so, whether they comply with the Computer Security Breach law and the Limits on Redisclosure and Reuse of Nonpublic Personal Financial Information law. If the tools do not comply with these laws, their use may be prohibited in Wyoming.

Additionally, the Department of Health may permit an individual to request that the Department restrict the use and/or disclosure of personally identifiable information, subject to State and Federal law and Department policy and procedure [2.1].

Exceptions to Disclosure of Nonpublic Personal Financial Information

There are exceptions to the notice and opt-out requirements for disclosure of nonpublic personal financial information [3.1]. A licensee may disclose nonpublic personal financial information without providing initial notice, opt-out notice, or a reasonable opportunity to opt-out if the disclosure is made with the consent or at the direction of the consumer, to protect the confidentiality or security of a licensee’s records pertaining to the consumer, to protect against or prevent actual or potential fraud or unauthorized transactions, for required institutional risk control or for resolving consumer disputes or inquiries, to persons holding a legal or beneficial interest relating to the consumer, to persons acting in a fiduciary or representative capacity on behalf of the consumer, to provide information to insurance rate advisory organizations, guaranty funds or agencies, agencies that are rating a licensee, persons that are assessing the licensee’s compliance with industry standards, and the licensee’s attorneys, accountants and auditors, to comply with federal, state or local laws, rules and other applicable legal requirements, to comply with a properly authorized civil, criminal or regulatory investigation, or subpoena or summons by federal, state or local authorities, or to respond to judicial process or government regulatory authorities having jurisdiction over a licensee for examination, compliance or other purposes as authorized by law.

License Requirements

If you are engaging in the business of money transmission in Wyoming, you must obtain a license [7.1]. A person is engaged in the business of money transmission if the person advertises, offers or provides services to Wyoming residents, for personal, family or household use, through any medium including, but not limited to, internet or other electronic means. Every licensee, authorized delegate and subdelegate shall comply with the Bank Secrecy Act, 12 U.S.C. 1951 et seq.

Limits on Disclosure of Nonpublic Personal Financial Information to Non-affiliated Third Parties

A licensee may not disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party unless the licensee has provided to the consumer an initial notice, opt-out notice, and a reasonable opportunity to opt-out [3.2]. A licensee shall comply with this section, regardless of whether the licensee and the consumer have established a customer relationship. A licensee may allow a consumer to select certain nonpublic personal financial information or certain nonaffiliated third parties with respect to which the consumer wishes to opt-out.

In summary, the use of third-party file sharing tools that collect personal information in Wyoming is subject to the Computer Security Breach law, the Limits on Redisclosure and Reuse of Nonpublic Personal Financial Information law, and the license requirements for money transmission. It is important to evaluate these tools to ensure compliance with these laws and regulations.

Source(s):
Jurisdiction

Wyoming