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Can I use third-party HR tools that collect personal information in Missouri? What are the requirements?

Using Third-Party HR Tools in Missouri

Missouri has not enacted any specific laws that regulate the use of third-party HR tools that collect personal information. However, Missouri employers must comply with federal laws that regulate the collection, use, and disclosure of personal information.

Under the Privacy Act, personal information maintained in a system of records cannot be disclosed without an individual’s written consent, except for certain exceptions [1]. One of these exceptions is the “routine use” exception, which allows for the disclosure of personal information for a purpose that is compatible with the purpose for which the information was collected [1].

The FTC’s Privacy Rule also regulates the use and disclosure of personal information by auto dealers [2]. If a third-party lender discloses personal information to an auto dealer to comply with federal law, as permitted by the Privacy Rule, the dealer’s ability to use and disclose the information is limited [2].

Therefore, if a Missouri employer uses third-party HR tools that collect personal information, they must ensure that the use and disclosure of that information complies with federal laws, including the Privacy Act and the FTC’s Privacy Rule. The employer should also review the terms of service and privacy policies of the third-party HR tools to ensure that they comply with applicable laws and regulations.

Requirements for Using Third-Party HR Tools

While there are no specific requirements for using third-party HR tools that collect personal information in Missouri, employers must comply with federal laws that regulate the collection, use, and disclosure of personal information.

Employers should ensure that they have a legitimate business purpose for collecting and using personal information and that they obtain the necessary consents from individuals [1]. Employers should also implement reasonable safeguards to protect the confidentiality and security of personal information [1].

If the third-party HR tool is a data processor, the employer should enter into a written agreement with the processor that includes provisions requiring the processor to comply with applicable laws and regulations and to implement appropriate security measures [2].

In summary, while there are no specific requirements for using third-party HR tools that collect personal information in Missouri, employers must comply with federal laws and implement appropriate safeguards to protect personal information.

Source(s):
Jurisdiction

Missouri