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

Using Third-Party Marketing Automation Tools in Pennsylvania

If you plan to use third-party marketing automation tools that collect personal information in Pennsylvania, you must ensure that you comply with the state’s laws and regulations regarding the disclosure of nonpublic personal financial information to nonaffiliated third parties for marketing purposes.

According to 31 PACO Section 146a.23, a licensee may not disclose 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 in certain circumstances. These exceptions include disclosing the information to a licensee’s service provider solely to perform marketing for the licensee’s own products or services, to a licensee who is a producer solely to perform marketing for the licensee’s own products or services, or to a participant in an affinity or similar program where the participants in the program are identified to the customer when the customer enters into the program.

Therefore, if the third-party marketing automation tools collect personal information for marketing purposes, the licensee must ensure that the disclosure of any policy number or similar form of access number or access code is done in compliance with the above requirements.

Additionally, 31 PACO Section 146a.22 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 § 146a.32 or § 146a.33, 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 § 146a.32 or § 146a.33, the licensee may disclose the information only to the affiliates of the financial institution from which the licensee received the information, to its affiliates, 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.

It is important to note that there may be additional requirements that must be met in order to disclose nonpublic personal financial information to nonaffiliated third parties for marketing purposes in Pennsylvania. It is recommended that you consult with a legal professional to ensure compliance with all applicable laws and regulations.

In summary, you may use third-party marketing automation tools that collect personal information in Pennsylvania, but you must ensure that any disclosure of policy numbers or similar access codes is done in compliance with the requirements outlined in 31 PACO Section 146a.23 and 146a.22.

Jurisdiction

Pennsylvania

• Privacy