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

To use third-party social media tools that collect personal information in North Dakota, you must comply with the state’s privacy laws. The North Dakota Administrative Code (NDAC) Section 45-14-01-11 limits the disclosure of nonpublic personal financial information to nonaffiliated third parties. A licensee may not disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party unless the licensee has provided the consumer with an initial notice, a notice as required in section 45-14-01-08, and obtained authorization from the consumer whose nonpublic personal information is sought to be disclosed. The authorization must be in written or electronic form separate from that used for any other purpose and must contain specific information [2.3].

However, if the personal information collected by the third-party social media tool is not financial information, the NDAC Section 45-14-01-16 provides other exceptions to notice and authorization requirements for disclosure of nonpublic personal financial information. For example, a licensee may disclose nonpublic personal financial information with the consent or at the direction of the consumer, provided that the consumer has not revoked the consent or direction. A licensee may also disclose nonpublic personal financial information to comply with federal, state, or local laws, rules, and other applicable legal requirements [2.1].

It is important to note that the NDAC Section 10-18-01-04 imposes security requirements for the criminal justice data information sharing system, including its system design and access requirements. Authorized individuals and agencies must comply with the security requirements under 28 C.F.R. Part 20 and NCIC [4.1].

In summary, to use third-party social media tools that collect personal information in North Dakota, you must comply with the state’s privacy laws, including the NDAC Section 45-14-01-11 and NDAC Section 45-14-01-16. If the personal information collected is financial information, you must obtain authorization from the consumer. Additionally, you must comply with the security requirements under the NDAC Section 10-18-01-04 for the criminal justice data information sharing system [2.1][2.3][4.1].

Source(s):
Jurisdiction

North Dakota