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

Requirements for Using Third-Party Marketing Automation Tools that Collect Personal Information in North Dakota

If you are planning to use third-party marketing automation tools that collect personal information in North Dakota, you must comply with specific requirements for disclosing personal information and limits on disclosure and redisclosure of nonpublic personal financial information.

Disclosure of Personal Information

According to NDCC Section 39-33-02, the Department of Motor Vehicles may not knowingly disclose personal information about any person obtained by the department in connection with a motor vehicle record, except as provided in specific sections. Additionally, highly restricted personal information about any person cannot be disclosed without the express consent of the person to whom such information pertains, except as provided in subsections 1, 4, 6, and 9 of section 39-33-05.

Limits on Disclosure of Nonpublic Personal Financial Information

NDAC Section 45-14-01-11 outlines the conditions for disclosing nonpublic personal financial information to nonaffiliated third parties. A licensee may not disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party unless the licensee has provided the consumer with an initial notice as required under section 45-14-01-05, a notice as required in section 45-14-01-08, and obtained authorization from the consumer whose nonpublic personal information is sought to be disclosed. The authorization must be in written or electronic form separate from that used for any other purpose and must contain specific information, including the identity of the consumer, a specific description of the types of nonpublic personal information to be disclosed, and the parties to whom the information will be disclosed.

Limits on Redisclosure and Reuse of Nonpublic Personal Financial Information

NDAC Section 45-14-01-12 outlines the limits on redisclosure and reuse of nonpublic personal financial information. If a licensee receives nonpublic personal financial information from a nonaffiliated financial institution under an exception in section 45-14-01-15 or 45-14-01-16, the licensee’s disclosure and use of that information is limited. If a licensee receives nonpublic personal financial information from a nonaffiliated financial institution other than under an exception in section 45-14-01-15 or 45-14-01-16, the licensee may disclose the information only to the affiliates of the financial institution from which the licensee received the information or to any other person if the disclosure would be lawful if made directly to that person by the financial institution from which the licensee received the information.

Limits on Sharing Account Number Information for Marketing Purposes

NDAC Section 45-14-01-13 limits the sharing of 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, except as provided in specific exceptions.

Joint Marketing

NDAC Section 13-02-21-03 outlines the requirements for joint marketing. A financial institution may not disclose customer information to a nonaffiliated third party under a “joint marketing agreement” as that term is defined by section 502(b)(2) of the federal Financial Services Modernization Act of 1999 unless the financial institution has first obtained its customer’s written consent for the disclosure.

When Authorization Required for Disclosure of Nonpublic Personal Health Information

NDAC Section 45-14-01-17 outlines the requirements for disclosing nonpublic personal health information. A licensee shall not disclose nonpublic personal health information about a consumer or customer unless an authorization is obtained from the consumer or customer whose nonpublic personal health information is sought to be disclosed.

Exceptions to Notice and Authorization Requirements for Disclosure of Nonpublic Personal Financial Information for Processing and Servicing Transactions

NDAC Section 45-14-01-15 outlines the exceptions to notice and authorization requirements for disclosing nonpublic personal financial information for processing and servicing transactions. The requirements for initial notice, notice and authorization, and for service providers and joint marketing do not apply if the licensee discloses nonpublic personal financial information as necessary to effect, administer, or enforce a transaction that a consumer requests or authorizes, or in connection with specific exceptions.

Based on the provided context documents, the use of third-party marketing automation tools that collect personal information in North Dakota is subject to specific requirements for disclosing personal information and limits on disclosure and redisclosure of nonpublic personal financial information. Therefore, it is recommended to review these requirements and ensure compliance before using such tools.

Jurisdiction

North Dakota

• Privacy