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

Use of Third-Party HR Tools in West Virginia

If you are using third-party HR tools that collect personal information in West Virginia, you must ensure that you are complying with state and federal laws.

State Laws

West Virginia has laws that protect the privacy of personal information, including the West Virginia Consumer Credit and Protection Act (WVCCPA) and the West Virginia Personal Information Protection Act (WVPIPA). These laws apply to any entity that collects personal information from West Virginia residents, including third-party HR tools.

Under the WVCCPA and WVPIPA, entities that collect personal information must take reasonable measures to protect the confidentiality and security of that information. This includes implementing and maintaining reasonable security procedures and practices appropriate to the nature of the information and the size and complexity of the entity.

Entities must also provide notice to individuals about the collection, use, and disclosure of their personal information. The notice must include the types of personal information collected, the purposes for which the information is used, and the entities to which the information may be disclosed.

Federal Laws

In addition to state laws, entities that collect personal information must also comply with federal laws, such as the Health Insurance Portability and Accountability Act (HIPAA) and the Fair Credit Reporting Act (FCRA), if applicable.

HIPAA applies to entities that collect and maintain protected health information (PHI), while the FCRA applies to entities that use consumer reports for employment purposes.

Conclusion

To use third-party HR tools that collect personal information in West Virginia, you must ensure that you are complying with state and federal laws. This includes implementing reasonable security procedures and practices, providing notice to individuals about the collection and use of their personal information, and complying with applicable federal laws such as HIPAA and the FCRA.

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Source(s):
Jurisdiction

West Virginia