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

Based on the provided context documents, there are no specific regulations or requirements in South Dakota that prohibit the use of third-party social media tools that collect personal information. However, South Dakota has laws that regulate the disclosure of nonpublic personal information, such as the Limits on disclosure of nonpublic personal financial information to nonaffiliated third parties [1.2] and Authorization to disclose nonpublic personal health information [1.1].

If you are collecting personal information from South Dakota residents, you must comply with these laws and obtain proper authorization from the individuals whose information you are collecting. The authorization must be in written or electronic form and contain specific information, such as the identity of the consumer, a general description of the types of information to be disclosed, and the length of time for which the authorization is valid [1.1].

Additionally, if you plan to disclose nonpublic personal financial information to nonaffiliated third parties, you must provide an initial notice and opt-out notice to the consumer and give them a reasonable opportunity to opt-out of the disclosure [1.2]. There are exceptions to these notice and opt-out requirements, such as when the consumer has provided consent or direction for the disclosure or when the disclosure is required by law [1.3].

It is important to note that these laws apply to specific types of personal information and may not cover all types of information collected by third-party social media tools. Therefore, it is recommended that you consult with a legal professional to ensure compliance with all applicable laws and regulations.

In summary, while there are no specific regulations that prohibit the use of third-party social media tools that collect personal information in South Dakota, you must comply with the state’s laws regulating the disclosure of nonpublic personal information if you plan to disclose such information.

Source(s):
Jurisdiction

South Dakota