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Can I use third-party social media tools that collect personal information in Kansas? What are the requirements?
Using Third-Party Social Media Tools in Kansas
Kansas has laws that regulate the use of personal information, including social security numbers and personal identifying information, to protect individuals from identity theft and fraud.
According to KSST 21-6107, identity theft is obtaining, possessing, transferring, using, selling, or purchasing any personal identifying information belonging to or issued to another person with the intent to defraud that person or misrepresent that person to subject them to economic or bodily harm. KSST 45-221 lists records that are not required to be open, including records of emergency or security information or procedures of a public agency, if disclosure would jeopardize public safety, including records of cybersecurity plans, cybersecurity assessments, and cybersecurity vulnerabilities or procedures related to cybersecurity plans, cybersecurity assessments, and cybersecurity vulnerabilities, or plans, drawings, specifications, or related information for any building or facility that is used for purposes requiring security measures in or around the building or facility or that is used for the generation or transmission of power, water, fuels, or communications, if disclosure would jeopardize security of the public agency, building, or facility.
Based on the above laws, it is important to ensure that any third-party social media tools used in Kansas do not collect personal identifying information without the individual’s consent. If the tool collects personal information, it must be necessary for the tool’s normal course of business, and there must be a specific use for such information for which no other identifying number may be used, according to KSST 75-3520.
Additionally, KSST 45-230 prohibits knowingly selling, giving, or receiving any list of names and addresses contained in or derived from public records for the purpose of selling or offering for sale any property or service to persons listed therein, except for certain exceptions listed in the statute.
Therefore, if you plan to use third-party social media tools that collect personal information in Kansas, you must ensure that the tool complies with the state’s laws on personal information and identity theft, as well as the restrictions on the use of names and addresses derived from public records.
If you have any further questions or concerns, you may contact a local freedom of information officer designated by the governing body of the public agency in Kansas that maintains the public records, as required by KSST 45-226.
Jurisdiction
Kansas