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Can I use third-party social media tools that collect personal information in Idaho? What are the requirements?
Based on the documents provided, if you are using third-party social media tools that collect personal information in Idaho, you must comply with the requirements of IDST 28-51-105. This law requires any city, county, state agency, individual, or commercial entity that owns or licenses computerized data that includes personal information about a resident of Idaho to conduct a reasonable and prompt investigation to determine the likelihood that personal information has been or will be misused if they become aware of a breach of the security of the system. If the investigation determines that the misuse of information about an Idaho resident has occurred or is reasonably likely to occur, the agency, individual, or commercial entity must give notice as soon as possible to the affected Idaho resident. Notice must be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement and consistent with any measures necessary to determine the scope of the breach, to identify the individuals affected, and to restore the reasonable integrity of the computerized data system [1.1].
Additionally, it is unlawful for any person to obtain or record personal identifying information of another person without the authorization of that person, with the intent that the information be used to obtain, or attempt to obtain, credit, money, goods or services without the consent of that person [2.2]. It is also unlawful for any person to falsely assume or pretend to be a member of the armed forces of the United States or an officer or employee acting under authority of the United States or any department, agency or office thereof or of the state of Idaho or any department, agency or office thereof, and in such pretended character, seek, demand, obtain or attempt to obtain personal identifying information of another person [2.1].
Therefore, if you are using third-party social media tools that collect personal information in Idaho, you must ensure that you have appropriate security measures in place to prevent a breach of the security of the system. If a breach occurs, you must conduct a reasonable and prompt investigation to determine the likelihood that personal information has been or will be misused. If the investigation determines that the misuse of information about an Idaho resident has occurred or is reasonably likely to occur, you must give notice as soon as possible to the affected Idaho resident. You must also ensure that you have obtained the authorization of the person whose personal identifying information is being collected, and that you are not obtaining or recording personal identifying information with the intent to use it to obtain credit, money, goods, or services without their consent [1.1][2.1][2.2].
It is important to note that there may be additional requirements or laws that apply to your specific situation. Therefore, it is recommended that you consult with a legal professional to ensure that you are in compliance with all applicable laws and regulations [1.1][2.1][2.2].
Source(s):
- [1.1] DISCLOSURE OF BREACH OF SECURITY OF COMPUTERIZED PERSONAL INFORMATION BY AN AGENCY, INDIVIDUAL OR A COMMERCIAL ENTITY.
- [2.1] ACQUISITION OF PERSONAL IDENTIFYING INFORMATION BY FALSE AUTHORITY.
- [2.2] MISAPPROPRIATION OF PERSONAL IDENTIFYING INFORMATION.
Jurisdiction
Idaho