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Can I use third-party social media tools that collect personal information in Oklahoma? What are the requirements?
Based on the documents provided, if you are collecting personal information through third-party social media tools in Oklahoma, you must comply with the state’s laws regarding the use and disclosure of personally identifiable data.
Use of Social Security Numbers by State or Subdivisions Prohibited - Exceptions [74 OKST 3111]
According to this law, no state agency, board, commission, or other unit or subdivision of state government shall request or require, except as otherwise required by law, that any person reveal their Social Security number in order to obtain services or assistance. Additionally, no state agency, board, commission, or other unit or subdivision of state government shall use, for any purpose, numbers which correspond to the Social Security number of any person, except as otherwise required by law.
Information Available on Website - Personally Identifiable Data [74 OKST 3106.4]
If you collect personally identifiable data, you must make available on your website the following information:
- What personally identifiable data is being stored;
- How the personally identifiable data is stored; and
- With whom the public body shares the personally identifiable data.
Disclosure of Information Indexed by Social Security Numbers Prohibited - Exceptions [74 OKST 3113]
No state agency, board, commission, or other unit or subdivision of state government may furnish any information indexed by social security number unless required by law or specifically authorized to do so by the holder of said social security number.
Limits on disclosure of nonpublic personal financial information to nonaffiliated third parties [OKAC 365:35-1-20]
A licensee may not, directly or through any affiliate, disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party unless the licensee has provided to the consumer an initial notice, an opt-out notice, and given the consumer a reasonable opportunity to opt-out of the disclosure.
Exception to opt out requirements for disclosure of nonpublic personal financial information for service providers and joint marketing [OKAC 365:35-1-30]
The opt-out requirements do not apply when a licensee provides nonpublic personal financial information to a nonaffiliated third party to perform services for the licensee or functions on the licensee’s behalf, if the licensee provides the initial notice and enters into a contractual agreement with the third party that prohibits the third party from disclosing or using the information other than to carry out the purposes for which the licensee disclosed the information.
However, it is unclear whether third-party social media tools are subject to these laws. Therefore, it is recommended that you consult with a legal professional to ensure compliance with Oklahoma’s laws regarding the use and disclosure of personally identifiable data.
Jurisdiction
Oklahoma