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

Third-Party Social Media Tools and Personal Information Collection in Tennessee

Yes, you can use third-party social media tools that collect personal information in Tennessee, but you must comply with the state’s laws regarding the release of personal consumer information. According to TNCO 47-18-2107, any person or business that conducts business in Tennessee and owns or licenses computerized personal information of residents of the state must disclose any breach of system security to any resident of Tennessee whose personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The disclosure must be made immediately, but no later than forty-five (45) days from the discovery or notification of the breach, unless a longer period of time is required due to the legitimate needs of law enforcement [1.1].

Furthermore, any information holder that maintains computerized data that includes personal information that the information holder does not own shall notify the owner or licensee of the information of any breach of system security immediately, but no later than forty-five (45) days from when the breach became known by the information holder, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person [1.1].

If you are using third-party social media tools that collect personal information, it is your responsibility to ensure that the tools comply with Tennessee’s laws regarding the release of personal consumer information. If a breach of system security occurs, you must disclose the breach to any affected residents of Tennessee and notify the owner or licensee of the information if you do not own the personal information.

Protecting Social Security Numbers from Disclosure

Additionally, if you obtain a federal social security number for a legitimate business or governmental purpose, you must make reasonable efforts to protect that social security number from disclosure to the public. Social security numbers shall not be posted or displayed in public, required to be transmitted over the Internet unless the Internet connection used is secure or the social security number is encrypted, required to log onto or access an Internet web site unless used in combination with a password or other authentication device, printed on any materials mailed to a consumer unless the disclosure is required by law or the document is a form or application, or printed on any check, card, identification, or badge that the consumer must display or present in order to receive a benefit, good, service, or other thing of value to which the consumer is entitled based upon the consumer’s contract or other agreement with the entity issuing the check, card, identification, or badge [1.2].

Violation of Tennessee Consumer Protection Act

A violation of the laws regarding the release of personal consumer information constitutes a violation of the Tennessee Consumer Protection Act. Any violation of these laws shall be construed to constitute an unfair or deceptive act or practice affecting trade or commerce and subject to the penalties and remedies as provided in that act, in addition to the penalties and remedies set forth in the laws regarding the release of personal consumer information [1.3].

Conclusion

You can use third-party social media tools that collect personal information in Tennessee, but you must comply with the state’s laws regarding the release of personal consumer information. If you obtain a federal social security number for a legitimate business or governmental purpose, you must make reasonable efforts to protect that social security number from disclosure to the public. A violation of these laws constitutes a violation of the Tennessee Consumer Protection Act.

Source(s):
Jurisdiction

Tennessee