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

Using Third-Party Social Media Tools in West Virginia

West Virginia law prohibits employers from requesting, requiring, or coercing employees or potential employees to disclose their personal social media account information ^[1.1]. However, there are no specific laws in West Virginia that prohibit the use of third-party social media tools that collect personal information.

If you are a licensee collecting nonpublic personal financial information, you must comply with the limits on disclosure of nonpublic personal financial information to nonaffiliated third parties ^[2.2]. You must provide an initial notice to the consumer, an opt-out notice, and a reasonable opportunity for the consumer to opt-out before disclosing the information to the nonaffiliated third party. You must also enter 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 ^[2.4].

Requirements for Collecting Personal Information

If you are collecting personal information, you must provide an initial, annual, and revised privacy notice that includes the categories of nonpublic personal financial information that you collect, disclose, and the categories of affiliates and nonaffiliated third parties to whom you disclose nonpublic personal financial information ^[2.5]. You must also provide an explanation of the consumer’s right to opt-out of the disclosure of nonpublic personal financial information to nonaffiliated third parties.

However, if you are collecting nonpublic personal health information, you must obtain authorization from the consumer or customer whose nonpublic personal health information is sought to be disclosed ^[2.1].

Conclusion

There are no specific laws in West Virginia that prohibit the use of third-party social media tools that collect personal information. However, if you are collecting nonpublic personal financial information, you must comply with the limits on disclosure of nonpublic personal financial information to nonaffiliated third parties and provide an initial notice, opt-out notice, and a reasonable opportunity for the consumer to opt-out before disclosing the information to the nonaffiliated third party. If you are collecting personal information, you must provide an initial, annual, and revised privacy notice that includes the categories of nonpublic personal financial information that you collect, disclose, and the categories of affiliates and nonaffiliated third parties to whom you disclose nonpublic personal financial information. If you are collecting nonpublic personal health information, you must obtain authorization from the consumer or customer whose nonpublic personal health information is sought to be disclosed.

Source(s):

• [1.1] Employer access to employee or potential employee personal accounts prohibited.
• [2.1] When Authorization Required for Disclosure of Nonpublic Personal Health Information.
• [2.2] Limits on Disclosure of Nonpublic Personal Financial Information to Nonaffiliated Third Parties.
• [2.4] Exception to Opt-Out Requirements for Disclosure of Nonpublic Personal Financial Information for Service Providers and Joint Marketing.
• [2.5] Information to be Included in Privacy Notices.

Jurisdiction

West Virginia

• Privacy