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Can I use third-party marketing automation tools that collect personal information in Indiana? What are the requirements?

Use of Third-Party Marketing Automation Tools in Indiana

Indiana law requires a licensee to provide an initial notice and an opt-out notice to a consumer before disclosing any nonpublic personal financial information about the consumer to a nonaffiliated third party for marketing purposes [1.4]. The consumer must not opt-out for the licensee to disclose the information. However, there is an exception to this rule 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, and the licensee 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 [1.1].

The context documents do not provide information on whether third-party marketing automation tools that collect personal information are subject to the opt-out requirements or the exception to the opt-out requirements. However, Indiana law prohibits the disclosure of personal information, including highly restricted personal information, by an officer or employee of the Bureau of Motor Vehicles Commission or a contractor of the Bureau or the Bureau of Motor Vehicles Commission, except as otherwise provided in the law [2.2]. The Bureau may disclose certain personal information that is not highly restricted personal information if the person requesting the information provides proof of identity and represents that the use of the personal information will be strictly limited to certain purposes [2.1]. The Bureau may require the requesting person to satisfy certain conditions before disclosing personal information [2.3]. An authorized recipient of personal information may resell or redisclose the information for any use allowed under the law, except for certain uses [2.4].

Therefore, it is unclear whether the use of third-party marketing automation tools that collect personal information is subject to the opt-out requirements or the exception to the opt-out requirements. However, Indiana law prohibits the disclosure of personal information, including highly restricted personal information, by certain entities, except as otherwise provided in the law. The Bureau may disclose certain personal information that is not highly restricted personal information if certain conditions are satisfied. An authorized recipient of personal information may resell or redisclose the information for any use allowed under the law, except for certain uses.

Source(s):
Jurisdiction

Indiana