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

Using Third-Party HR Tools that Collect Personal Information in New York

Yes, you can use third-party HR tools that collect personal information in New York, but it is important to ensure that they comply with the Personal Privacy Protection Law (PPPL) and its implementing regulations [4.1].

Under the PPPL, personal information may only be collected if it is relevant and necessary to accomplish a purpose required by statute or executive order, or to implement a program specifically authorized by law [4.1]. Additionally, all requests for personal information must be made in writing and reasonably describe the records and personal information sought [1.1].

If you are using third-party HR tools that collect personal information, it is important to ensure that any requests for personal information made through the tools should be made in writing and reasonably describe the records and personal information sought [4.1].

Furthermore, any personal information collected through third-party HR tools must be safeguarded in accordance with applicable regulations. For example, records containing individually identifiable information must be marked “confidential” and kept in locked files or rooms when not in use [6.1].

Requirements for Using Third-Party HR Tools that Collect Personal Information in New York

To use third-party HR tools that collect personal information in New York, you must ensure that they comply with the following requirements:

  • Personal information collected must be relevant and necessary to accomplish a purpose required by statute or executive order, or to implement a program specifically authorized by law [4.1].
  • All requests for personal information must be made in writing and reasonably describe the records and personal information sought [1.1][4.1].
  • Any personal information collected through third-party HR tools must be safeguarded in accordance with applicable regulations [6.1].

If you fail to comply with these requirements, you may be subject to penalties and fines under the PPPL and its implementing regulations [4.1].

Appeal Process for Denial of Request for Record or Amendment or Correction of Record or Personal Information

If your request for record or amendment or correction of record or personal information is denied, you may appeal the decision to the Deputy General Counsel of the New York State Department of Financial Services [2.1]. The denial of the request must be in writing and explain the reasons for the denial [2.1].

Personal Privacy Compliance Officer

The Director of Public Relations of the department is designated as the privacy compliance officer and is responsible for ensuring that the commission complies with the provisions of the Personal Privacy Protection Law and its implementing regulations [3.1]. If you have any questions or concerns regarding the use of third-party HR tools that collect personal information, you may contact the privacy compliance officer at the New York State Department of Civil Service [3.1].

In summary, you can use third-party HR tools that collect personal information in New York, but it is important to ensure that they comply with the PPPL and its implementing regulations. Any requests for personal information made through the tools should be made in writing and reasonably describe the records and personal information sought. Additionally, any personal information collected through third-party HR tools must be safeguarded in accordance with applicable regulations. If your request for record or amendment or correction of record or personal information is denied, you may appeal the decision to the Deputy General Counsel of the New York State Department of Financial Services.

Source(s):
Jurisdiction

New York