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Can I use third-party social media tools that collect personal information in Delaware? What are the requirements?
Use of Third-Party Social Media Tools in Delaware
If you are using third-party social media tools that collect personal information in Delaware, you must obtain the user’s consent to disclose such information [1.1]. Additionally, you must implement and maintain reasonable procedures and practices to prevent the unauthorized acquisition, use, modification, disclosure, or destruction of personal information collected or maintained in the regular course of business [2.1].
Requirements for Collecting Personal Information in Delaware
Delaware law defines personal information as any information concerning a natural person which, because of name, number, symbol, mark, or other identifier, can be used to identify that natural person [1.2][2.3]. If you are collecting personal information in Delaware, you must comply with Delaware’s security breach notice requirements if a breach of security occurs [2.2].
Conclusion
To use third-party social media tools that collect personal information in Delaware, you must obtain the user’s consent to disclose such information, implement and maintain reasonable procedures and practices to prevent the unauthorized acquisition, use, modification, disclosure, or destruction of personal information collected or maintained in the regular course of business, and comply with Delaware’s security breach notice requirements if a breach of security occurs. Additionally, you must ensure that you are not disclosing personal information in violation of Delaware law [1.1][2.1][2.2][1.2][2.3].
Source(s):
- [1.1] Prohibition on disclosure of personal information.
- [2.1] Protection of personal information.
- [2.2] Procedures deemed in compliance with security breach notice requirements.
- [1.2] Definitions.
- [2.3] Definitions.
Jurisdiction
Delaware