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Can I use third-party marketing automation tools that collect personal information in Louisiana? What are the requirements?
Based on the provided context documents, it appears that Louisiana has specific regulations regarding the disclosure and use of personal information.
Prohibition on Disclosure and Use of Personal Information from Department Records
According to [1.2], the Department of Public Safety and Corrections prohibits the disclosure of personal information contained in its records to any person except as provided in Subchapter B. An authorized recipient shall resell or redisclose records or personal information contained in an individual’s motor vehicle record only for purposes defined as permitted disclosures in Subchapter B.
Procedure for Requesting Personal Information
All requests seeking disclosure of personal information shall be in writing, except electronic requests submitted to the department pursuant to a contract authorized by Subchapter B. The requester shall provide such information as may be required by the department to establish the requester’s identity and the requester’s status as a person who may receive the requested personal information including the requester’s full name, any aliases or trade names, complete mailing and physical addresses, and telephone number, including area code, and the name of a contact person if the requester is a business entity. [1.3]
Exception to Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information for Service Providers and Joint Marketing
The opt-out requirements in §§9917 and 9923 do not apply 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, if the licensee provides the initial notice in accordance with §9911 and 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, including use under an exception in §§9931 or 9933 in the ordinary course of business to carry out those purposes. [2.2]
Limits on Sharing Account Number Information for Marketing Purposes
A licensee shall not, directly or through an affiliate, disclose, other than to a consumer reporting agency, a policy number or similar form of access number or access code for a consumer’s policy or transaction account to any nonaffiliated third party for use in telemarketing, direct mail marketing or other marketing through electronic mail to the consumer. However, there are exceptions to this rule, such as disclosing a policy number or similar form of access number or access code to the licensee’s service provider solely in order to perform marketing for the licensee’s own products or services, as long as the service provider is not authorized to directly initiate charges to the account. [2.3]
It is important to note that the provided context documents do not explicitly mention third-party marketing automation tools that collect personal information. Therefore, it is recommended to consult with a legal expert to determine the specific requirements for using such tools in Louisiana.
Source(s):
- [1.2] Prohibition on Disclosure and Use of Personal Information from Department Records
- [1.3] Procedure for Requesting Personal Information
- [2.2] Exception to Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information for Service Providers and Joint Marketing
- [2.3] Limits on Sharing Account Number Information for Marketing Purposes
Jurisdiction
Louisiana