Can I use third-party social media tools that collect personal information in Georgia? What are the requirements?

Using Third-Party Social Media Tools that Collect Personal Information in Georgia

If you are planning to use third-party social media tools that collect personal information in Georgia, there are certain requirements that you need to be aware of.

According to ^[2.1], if you are a licensee and provide notice under applicable federal or state law of an information security incident involving unauthorized access to personal information, then you must simultaneously provide a duplicate of such disclosure to the Department. Personal information is any record containing nonpublic personal information about a customer or potential customer whether in paper, electronic, or other form maintained by or on behalf of the licensee.

Additionally, if you are an information broker and satisfy the definition of an information broker, you are required to provide notice to Georgia residents in the event of a data breach that results in access or likely access to unencrypted personal information. In the event you are required to make such notification to Georgia residents, then a duplicate of the notification will simultaneously be submitted to the Department ^[2.1].

Furthermore, if you are a telecommunications company and there is a breach of a telephone record concerning a Georgia resident, you must provide notice to the Georgia resident immediately following discovery or notification of the breach if such breach is reasonably likely to cause quantifiable harm to the Georgia resident. The notice must be made in the most expedient manner possible and without unreasonable delay, consistent with any measures necessary to determine the scope of the breach and restore the reasonable integrity, security, and confidentiality of the telephone record ^[3.1].

Therefore, it is recommended that you review the terms and conditions of the third-party social media tools you intend to use and ensure that you are not violating any laws related to the collection and use of personal information. If you are unsure about any legal requirements, it is advisable to consult with a legal professional.

Source(s):

• [2.1] Notice of Unauthorized Access to Personal Information
• [3.1] Action in event of telephone record security breach; notification to Georgia residents; law enforcement exception; violations shall be unfair or deceptive practice in consumer transactions.

Jurisdiction

Georgia, Georgia

• Privacy