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Can I use third-party social media tools that collect personal information in Arizona? What are the requirements?
Using Third-Party Social Media Tools that Collect Personal Information in Arizona
If you are planning to use third-party social media tools that collect personal information in Arizona, you must comply with the state’s laws regarding the use and protection of personal identifying information.
AZRS 44-1373
According to AZRS 44-1373, a person or entity shall not intentionally communicate or otherwise make an individual’s social security number available to the general public. Additionally, a person or entity shall not print an individual’s social security number on any card required for the individual to receive products or services provided by the person or entity.
AZRS 44-7601
Furthermore, AZRS 44-7601 prohibits entities from knowingly discarding or disposing of records or documents without redacting the information or destroying the records or documents if the records or documents contain an individual’s first and last name or first initial and last name in combination with a corresponding complete social security number, credit card, charge card or debit card number, retirement account number, savings, checking or securities entitlement account number, or driver license number or nonoperating identification license number.
Exceptions
There are exceptions to these laws, such as when the collection, use, or release of a social security number is required by the laws of the state or the United States or for internal verification or administrative purposes. Additionally, AZRS 44-7601 does not apply to entities subject to title V of the Gramm-Leach-Bliley act, covered entities and business associates as defined under regulations implementing the health insurance portability and accountability act, or entities subject to the federal fair credit reporting act.
Other Relevant Laws
Other laws in Arizona that may be relevant to the use of third-party social media tools that collect personal information include:
- AZRS 32-3801: Personal information maintained by regulatory entities; confidentiality
- AZRS 39-123.01: Personal identifying information of crime witnesses; confidentiality; definition
- AZRS 44-1373.01: Exceptions
- AZRS 18-422: State agencies; third-party electronic service provider authorization; definitions
- AZRS 18-202: Obligations of state agencies obtaining information on line
- AZRS 44-1373.02: Restricted use of sequential numbers; definition
- AZRS 18-201: Definitions
It is important to review these laws to ensure that you are in compliance with all relevant regulations.
Civil Penalties
Entities that violate these laws may be subject to civil penalties of up to $500 for each act of recording that violates subsection G of AZRS 44-1373 and up to $5,000 for a third or subsequent violation of AZRS 44-7601.
Conclusion
In conclusion, if you are planning to use third-party social media tools that collect personal information in Arizona, you must comply with the state’s laws regarding the use and protection of personal identifying information. It is important to review all relevant laws to ensure that you are in compliance with these regulations.
Jurisdiction
Arizona